real estate
Accession
The acquisition of title to improvements or additions to real property results from the accumulation of alluvial deposits along the banks of streams or the annexation of fixtures.
Accession in real estate refers to when property becomes permanently attached to land or an existing structure, legally becoming part of that real property. This happens through either natural or artificial means.
Natural accession occurs through natural processes. For instance, when a river deposits soil that adds to your riverfront property, or when trees and plants naturally grow on the land. This new land or growth automatically becomes part of your property.
Artificial accession happens when someone permanently attaches something to the property. A classic example is when a homeowner installs built-in appliances, like a dishwasher or built-in microwave. Once properly installed, these items become "fixtures" and are legally considered part of the real property. This means they typically convey with the sale of the property unless specifically excluded in the purchase agreement.
An important consideration in my work with clients is making sure everyone understands what constitutes a fixture through accession. For example, if a seller has a beautiful chandelier they want to take with them, we need to specifically exclude it in the listing and contract, since through accession it would otherwise be considered part of the house and convey to the buyer.
Some things to look at to determine if something has become a fixture through accession are below.
- How permanently it's attached
- The intent when it was installed
- The adaptability for use with the property
- The agreement between parties
- The relationship of the person making the attachment