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Section II   The Right of accession in relation to movable property

Revised Laws of Saint Lucia (2021)

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Section II   The Right of accession in relation to movable property

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    380.   The right of accession in its application to 2 movable things, belonging to 2 different owners, is entirely subordinate to the principles of natural equity.

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    The following rules which are obligatory in the cases where they apply, serve as examples in the cases not provided for, according to circumstances.

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    381.   When 2 things belonging to different owners have been united so as to form a whole, although they are separable and one can subsist without the other, the whole belongs to the owner of the thing which forms the principal part, subject to the obligation of paying the value of the other thing, to him or her to whom it belonged.

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    382.   That part is reputed to be the principal one to which the other has been united only for the use, ornament or completion of the former.

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    383.   However, when the thing united is much more valuable than the principal thing, and has been employed without the knowledge of its owner, he may require that the thing so united be separated in order to be returned to him, although the thing to which it has been joined may thereby suffer some injury.

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    384.   If of 2 things united so as to form a whole, one cannot be considered as the accessory of the other, the more valuable, or, if the values be nearly equal, the more considerable in bulk, is deemed to be the principal.

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    385.   If an artisan or any other person have made use of any material which did not belong to him or her to form a thing of a new description, whether the material can resume its previous form or not, he or she who was the owner of it has a right to demand the thing so formed, on paying the price of the workmanship.

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    386.   If however the workmanship be so important that it greatly exceeds the value of the material employed, it is then considered as the principal part, and the workman has a right to retain the thing, on paying the price of the material to the proprietor.

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    387.   When a person has made use of materials which in part belonged to him or her and in part did not, to make a thing of a different kind, without either of the 2 materials being entirely destroyed, but in such a way that they cannot be separated without inconvenience, the thing is common to the 2 owners, in proportion, as respects the one, to the material belonging to him or her, and as respects the other, to the material belonging to him or her, and to the price of the workmanship.

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    388.   When a thing has been formed by the admixture of several materials belonging to different owners, but of which neither can be looked upon as the principal matter, if the materials can be separated, the owner, without whose knowledge the materials have been mixed, may demand their division.

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    If the materials cannot be separated without inconvenience, the parties acquire the ownership of the thing in common, in proportion to the quantity and value of the materials belonging to each.

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    389.   If the material belonging to one of the owners be much superior in quantity and price, in that case the owner of the material of superior value may claim the thing produced by the admixture, on paying to the other the value of his or her material.

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    390.   When the thing remains in common among the proprietors of the materials from which it is made, it must be disposed of by licitation for the common benefit, if any one of them demand it.

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    391.   In all cases where an owner whose material has been employed without his or her consent, to make a thing of a different description, may claim the proprietorship of such thing, he or she has the choice of demanding the restitution of his or her material in the same kind, quantity, weight, measure and quality, or its value.

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    392.   Whoever is bound to give back a movable object upon which he or she has made improvements or additions for which he or she is entitled to be reimbursed, may retain such object until he or she has been so reimbursed, without prejudice to his or her personal remedy.

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    393.   Persons who have employed materials belonging to others and without their consent, may be condemned to pay damages if damage has been suffered.

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