What is accession in real estate?​

MARCH 24, 2025
What is accession in real estate​ - houses in neighborhood

Accession is a legal principle in real estate that allows a property owner to acquire additional land or improvements that become naturally or artificially attached to their existing property. This concept is rooted in property law and applies to real and personal property.

Key points about accession in real estate:

  • Definition: The structures placed on land or other property added to an existing property. Whatever is affixed to the property becomes part of the original asset, increasing value and usability.
  • Types: Accession can either be natural, such as that brought about by sediment deposits increasing land, or artificial, such as when improvements are built. Natural accession can occur either by accretion, reliction, or alluvion, while artificial accession may be by renovation, landscaping, or structural additions.
  • Legal Implication: From the legal perspective of property laws, the right of ownership further extends to these additions by ensuring that property owners have exclusive rights to any enhancements on their property. However, when boundaries shift due to natural accession, disputes arise that must be solved by the law. In relation, laws on accession change depending on the jurisdiction. Some statutes are used to determine the extent to which an accession is recognized.

What does accession mean?​

“Accession” refers to acquiring or adding something to an existing entity. Real estate refers explicitly to the growth or increase of property ownership due to natural forces or human intervention.

Examples of accession in real estate:

Natural accession: When a body of water deposits sediment, adding more land to a property owner. Similarly, over a certain period, the accumulation of soil or silt carried by rivers, lakes, and streams may increase the area of the property. When this happens through the process called accretion, sometimes the value of the property is enormously improved, providing more usable land. 

Natural accession by reliction sometimes occurs when water bodies recede, revealing more land. Factors related to the climate and natural disasters may also affect natural accession, accelerating or altering land expansion.

Artificial accession: The owner raises the value and extent of the area by putting up a fence or constructing a building on the land. This usually happens due to conscious efforts to improve the area by adding new buildings, enlarging an existing one, or improving the landscape. 

The improvements legally constitute part of the property, increasing its market value and utility. Artificial accession can also be achieved through annexation, where more elements of the property, like driveways or premises extensions, become integral to the main property. Other artificial accessions may include solar panel installation and irrigation systems that add value to the property.

What is accession in property law​?

Accession in property law refers to the property owner’s rights over additions to their real estate. These are additional things that legally became part of the property through natural processes or artificial improvements.

Important aspects of accession in property law

Accession to property law is essential to property owners, developers, and attorneys alike. Accession involves elements defining ownership and the legal rights to additions to property. Accession can significantly affect property value, tax assessments, and even disputes that may arise. Key elements to consider include the following:

  • Land Increase is natural expansion caused by environmental factors such as river shifts, sediment deposits, or the gradual accumulation of soil. It can impact property boundaries and requires legal recognition to establish ownership rights. Property owners should monitor environmental changes and seek legal advice to confirm their expanded property limits.
  • Improvements: Buildings or structures added to a property become legally part of it. Enhancements can be voluntary, such as constructing a new building, or involuntary, such as when a neighbor’s development affects the same property. Legal frameworks ensure ownership rights. Improvements should be non-complicated under zoning laws, building codes, and property covenants.
  • While property law ensures that accretions for an owner’s benefit belong to him, natural accession to adjacent properties or third-party claims over artificial works creates disputes in ownership. Ownership disputes of this nature are usually settled through litigations involving property surveys and past agreements or land records.
  • Legal framework: The law governing accession is not uniform in the various jurisdictions; hence, the a need to understand the governing law. Landowners should be adequately informed about the laws in their local areas, as these impact the recognition and documentation of accession.
  • Economic implications: Accession can increase property value and tax liabilities. Property owners should be prepared for possible tax reassessments and financial planning to maximize the benefits of property expansion.
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Doctrine of accession​

Accessorium sequitur is a legal rule stating that when an asset is attached to a principal, the ownership rights will extend to the accession. The doctrine of accession applies in many areas, including real property, personal property, and intellectual property.

Application of the doctrine of accession in real estate

Accession is significant in real estate since it impacts property ownership, value, and lawful boundaries. Its understanding enables property owners to optimize their investments while trying to keep away from disputed cases. Below are key areas where accession applies in real estate:

  • Ownership rights: In the case of either natural or artificial additions, the land retains all the rights relating to the improvements. The principle ensures that the landholder owns whatever accidental or intentional improvement adds to the general value and utility of his property.
  • Changes in boundaries: Accessions operate to alter property boundaries either by natural methods of accretion through sediment deposits or erosion or artificially by human efforts using more permanent structures. Property owners should understand local zoning laws and regulations to make sure that property boundary changes are legally recognized and documented.
  • Property value improvement: Accretion increases the market value of land or improvements. These can either be natural or artificial in an extended shoreline through accretion, such as new buildings or landscaping features that increase the property’s value. The property owner should also consider the economic implications of these enhancements and their potential adjustments to property taxes.
  • Legal considerations: Accession in real estate is regulated by property laws, which are varied by state. The property owners must know their state’s regulations regarding the accession so they can report any necessary update to the deed of the property to avoid disputes over ownership.
  • Dispute resolution: Accession sometimes creates disputes between neighbors, especially when the course of nature changes regarding boundary lines. To avoid encroachments, such conflicts may be resolved by the intervention of courts, mediators, or property surveys showing rightful ownership.
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Acquisition of property through accession​

Accession allows property owners to acquire additional land or value without purchasing it. This process often involves legal documentation and adherence to property law regulations.

Methods of acquisition:

  • Through natural events, soil accumulates from bodies of water through natural processes of sedimentation and reliction, eventually increasing the boundaries of the land.
  • Human efforts can create permanent structures on or around the land, such as buildings, landscaping, or other improvements, to enhance property expansion and market value.
  • Legal documentation: filing appropriate documents to secure property rights, which may involve surveying the land, amending property deeds, and complying with local zoning laws to avoid any disputes that may arise.

Summary

Accession is a simple legal concept in real estate that enables the property owner to add to existing property, whether by natural or artificial means. Understanding what accession entails helps the property owner protect his investment and capitalize on property growth opportunities.

If you are looking for more specialized legal advice about accession and how it could affect your property rights, look to Lexawise. Our expertise and guidance will help you navigate the most complicated parts of property law and manage your real estate investment.

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