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47-08 Accession to Personal Property

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CHAPTER 47-08ACCESSION TO PERSONAL PROPERTY47-08-01. Things inseparably united. When things which belong to different ownershave been united so as to form a single thing and cannot be separated without injury, the whole<br>belongs to the owner of the thing which forms the principal part, but such owner must reimburse<br>the value of the residue to the other owner or surrender the whole to the other owner.47-08-02. Principal part defined. The principal part shall mean that part to which theother has been united only for the use, ornament, or completion of the former, unless the latter is<br>the more valuable and has been united without the knowledge of its owner, who in the latter<br>case, may require it to be separated and returned to the owner, although some injury should<br>result to the thing to which it has been united. If neither part can be considered the principal part,<br>the more valuable, or if the values are nearly equal, the more considerable in bulk, is to be<br>deemed the principal part.47-08-03. Materials of different owners united by labor of one - Inseparable withoutinconvenience - Common ownership. When one has made use of materials which in part<br>belong to that person and in part to another, in order to form a thing of a new description without<br>having destroyed any of the materials, but in such a way that they cannot be separated without<br>inconvenience, the thing formed is common to both proprietors in proportion, as respects the<br>one, of the materials belonging to that person, and as respects the other, of the materials<br>belonging to that person and the price of that person's workmanship.47-08-04. Material of several owners - Admixture without consent of the same -Ownership - Determination.When a thing has been formed by the admixture of severalmaterials of different owners and neither can be considered the principal substance, an owner,<br>without whose consent the admixture was made, may require separation if the materials can be<br>separated without inconvenience. If they cannot be thus separated, the owners acquire the thing<br>in common in proportion to the quantity, quality, and value of their materials. If the materials of<br>one were far superior to those of the others, both in quantity and value, that person may claim<br>the thing on reimbursing to the others the value of their materials.47-08-05. Thing made from another's materials. If one makes a thing from materialsbelonging to another, the latter may claim the thing on reimbursing the value of the workmanship<br>unless the value of the workmanship exceeds the value of the materials, in which case the thing<br>belongs to the maker, on reimbursing the value of the materials.47-08-06. Willful uniting material without consent - Nonconsenting owner entitledto product - Limitation. The foregoing sections of this chapter are not applicable to cases in<br>which one willfully uses the materials of another without the other's consent. In such cases the<br>product belongs to the owner of the materials if their identity can be traced.47-08-07. Union of material - Right to restitution or value by nonconsenting owner.In all cases where one whose materials have been used without the person's knowledge in order<br>to form a product of a different description can claim an interest in such product, the person has<br>an option to demand either restitution of the person's materials in kind in the same quantity,<br>weight, measure, and quality, or the value thereof, or where the person is entitled to the product,<br>the value thereof in place of the product.47-08-08. Damages - Liability of person uniting materials of another.One whowrongfully employs materials belonging to another is liable to that person in damages in addition<br>to any other liability prescribed by this chapter.Page No. 1Document Outlinechapter 47-08 accession to personal property