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Periodical article | Leiden University catalogue | WorldCat |
Title: | Accession of movables to land, South African law and Dutch law |
Author: | Knobel, Ina |
Year: | 2012 |
Periodical: | The Comparative and International Law Journal of Southern Africa (ISSN 0010-4051) |
Volume: | 45 |
Issue: | 1 |
Pages: | 77-90 |
Language: | English |
Geographic term: | South Africa |
Subjects: | property buildings landownership |
External link: | https://hdl.handle.net/10520/EJC124036 |
Abstract: | Accession is an original method of acquisition of ownership. The common law principle, 'superficies solo cedit', which provides that buildings and other structures become the property of the owner of the land on which they have been built or erected, forms the basis of the rules relating to accession in both South African and Dutch law. For purposes of this article 'accession' refers to the situation where movable things which are attached to land permanently become part of the land and therefore the property of the owner of the land. This method of acquisition of ownership is called 'building' or 'inaedificatio' in South African law. The Dutch Civil Code provides that buildings or other improvements that have been united with land in a durable manner become immovable things through 'vertical accession'. In this article, the criteria to determine whether a movable thing becomes permanently attached to land that are applied in South African law are referred to and are compared to those applicable in Dutch law. An interesting aspect in this field of study, which will specifically be addressed in this article, is the question whether objective or subjective criteria should be considered when determining whether a movable thing became an immovable thing through accession or not. Notes, ref., sum. [Journal abstract] |