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Accession (Latin accessio) is a method of original acquisition of property under Scots property law. It operates to allow property (the accessory) to merge with (or accede to) another object (the principal), either moveable or heritable. [1] Accession derives from the Roman-law concept of the same name. Other jurisdictions employ similar rules.
They include both moveable property (for example, cash, securities, civic regalia) and heritable property (land and buildings). By far the largest component of Common Good Funds is heritable property and while this mainly consists of public buildings and public spaces, such as parks, it also includes in some cases farm land and other heritable ...
Possession is distinct from the concept of ownership, deriving from the same distinction found in Roman law.However, possession is commonly regarded as the foundation of ownership due its requirement in the creation of the right of ownership (such as by occupatio and within transfers of corporeal moveable property). [5]
In Scots law, jus relictae is the right of the surviving spouse in the moveable property of the deceased spouse. [1] Jus relictae is the term used for a surviving wife, and jus relicti is the term used for a surviving husband. [2] The similar right for any surviving children is referred to as legitim.
In countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls real property heritable property, and in French-based law, it is called immobilier ("immovable property").
The division of property into real and personal represents the division into immovable and movable incidentally recognized in Roman law and generally adopted since. "Things personal", according to Blackstone, "are goods, money, and all other movables which may attend the owner's person wherever he thinks proper to go" (Comm. ii. 16).
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