Page:United States Statutes at Large Volume 76A.djvu/187

–91– -91CHAPTER 2»-ACCESSI0N Sec. 531. 532. 533. 534. 535. 536. 537. 538. 539. 540.

Fixtures. Removal of fixtures by tenant. Accession by uniting several things. Principal part; separation; value; bulk. Uniting materials and workmanship. Inseparable materials. Materials of several owners. Willful trespassers. Election between thing and value. Liability of wrongdoer for damages.

§ 531. Fixtures Except as provided by section 532 of this title, when a person aflixes his property to the land of another, without an agreement permitting him to remove it, the thing affixed belongs to the owner of the land, unless he chooses to require the former to remove it. § 532. Removal of fixtures by tenant A tenant may remove from the demised premises, at any time during the continuance of his term, anything affixed thereto for the purposes of trade, manufacture, ornament, or domestic use, unless: (1) the removal would cause injury to the premises; or (2) the thing has become an integral part of the premises by the manner in which it is affixed. § 533. Accession by uniting several tilings When things belonging to different owners have been united to form a single thing, and cannot be separated without injury, the whole belongs to the owner of the thing which forms the principal part. He must, however, reimburse the value of the residue to the other owner, or surrender the whole to him. § 534. Principal part; separation; value; bulk (a) That part is to be deemed the principal to which the other has been united only for the use, ornament, or completion of the former, unless the latter is the more valuable, and has been united without the knowledge of its owner, who may, in the latter case, require it to be separated and returned to him, although some injury should result to the thing to which it has been united. (b) If neither part can be considered the principal, within the rule prescribed by subsection (a) of this section, the more valuable, or, if the values are nearly equal, the more considerable in bulk, is to be deemed the principal part. § 535. Uniting materials and workmanship If a person makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship, unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker, on reimbursing the value of the materials. § 536. Inseparable materials If a person makes use of materials which in part belong to him and in part to another, to form a thing of a new description, without destroying any of the materials, but in such a way that they cannot be separated without inconvenience, the thing formed is common to both proprietors in proportion, as respects the one, of the materials belonging to him, and as respects the other, of the materials belonging to him and the price of his workmanship.

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