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Astrid

A Ruling on Right of Accession in Respect of Property and Its Products

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"Ma conseillère de loi vous dira le reste."

In the matter before
THE UDALSHUSET OF THE HALL OF FORSETI
lodged au Greffe by the Questioner
HER HIGH HOLINESS FORN SIÐR FÚRSTAFRÚA SIGRDRÍFA THE PRIESTESS OF THE HOUSE OF VANADÍS,
ÆRKEJARLA OF THE IDUNN ISLES,
YFIRSTORMARKSGYTHIA AND HIGH PRIESTESS OF THE THINGEYRI TEMPLE
A Ruling.
(4 Himinbjorg 13)

 

1. The matter before the Udalshuset is a law query by Her High Holiness Forn Siðr Fúrstafrúa Sigrdrífa the Priestess of the House of Vanadís, Ærkejarla of the Idunn Isles, Yfirstormarksgythia and High Priestess of the Thingeyri Temple, which was lodged au Greffe on 4 Himinbjorg 13 under Article 8 of the Act on the Warden of Law and Justice of Year 12, a provision of Althingi Law which affirms and safeguards the ancient customary power of the Warden of Law and Justice to issue legally binding rulings on legal matters that have come to her or his attention.

2. Her High Holiness the Yfirstormarksgythia and High Priestess of the Thingeyri Temple came to the Udalshuset to inquire into the matter of what is deemed the right of accession in respect of property and its products under Storish Law and be clarified concerning the matter aforesaid.

 

3. To provide Her High Holiness the Yfirstormarksgythia and High Priestess of the Thingeyri Temple with the answer to her query of law the Udalshuset went looking for a written law addressing the issue raised by the aforesaid Lady Royal and Spiritual, but it quickly became clear there was none of that to be found in the Lásamlingús.

 

4. The Udalshuset subsequently endeavoured to find the answer to the law query aforesaid in the several Books of Authority on the Law of the Lands of the Longships Throne that exist, completely turning them inside out, but in almost none of them the Udalshuset could find what it was looking for, until it turned to the "Treatise on the Laws and Customs of Ancient Valtia".

 

5. Immersing itself in that invaluable source of ancient law and ingesting the wealth of legal wisdom that is contained therein and translating and modifying it to present Stormark the Udalshuset found the answer to the question of law queried by Her High Holiness the Yfirstormarksgythia and High Priestess of the Thingeyri Temple.

 

6. Now therefore, I, Lady Astrid Sólareyjarsdóttir of the House of Vanadís, Bloodroyal and Ærkejarla of the Rose Cape, Lady Warden of Law and Justice, Provost Marshal of the Longship of State, Mistress of the Rolls, and Guardian of the Hall of Forseti, by the power vested in me by the Udal Law and safeguarded by Article 8 of the Act on the Warden of Law and Justice of Year 12, and subject to the concurrence of His Imperial and Royal Majesty the High King, do hereby rule, decree and ordain the following into the Udal Law of the Twenty-Six Jarldoms.

 

On the right of accession generally.

 

I. Ownership of the property shall, pursuant to the right of accession, entitle the owner to everything produced thereby, or naturally or artificially joined or incorporated thereto.

 

On the right of accession in respect of the products of the property.

 

I. The following shall belong to the owner:

  1. Natural fruits;
  2. Industrial fruits;
  3. Civil fruits.

III. Natural fruits are the spontaneous produce of the land, and the brood and other products of animals.

 

IV. Industrial fruits are those produced by plots of land of any kind as a result of cultivation or work.

 

V. Civil fruits are the rent on buildings, the lease on land and the amount of perpetual or life annuities or other analogous income.

 

VI. The person who receives the fruits has the obligation of paying the expenses made by a third party for their production, collection and preservation.

 

VII. Only fruits which are manifest or born shall be deemed natural or industrial fruits. As relates to animals, it will suffice if they are in their mother’s womb, even if they are not yet born.

 

On the right of accession in respect of immovable property.

 

I. Anything built, planted or sown on another’s plot of land and any improvements or repairs made therein shall belong to the owner thereof, subject to the provisions of the following articles.

 

II. Any works, sowings and plantations shall be presumed made by the owner at his expense, unless there is evidence to the contrary.

 

III. The owner of the land who performs therein, by himself or by another, plantations, constructions or works with another’s materials, must pay the value thereof; and, if he should have acted in bad faith, he shall also be obliged to compensate any damages. The owner of the materials shall be entitled to remove them only if he can do so without impairment of the construction, or without destroying the plantations, constructions or works performed.

 

IV. The owner of the land on which another should build, sow or plant in good faith shall be entitled to appropriate the works, sowings or plantations, after paying full compensation, or to make the person who manufactured or planted it pay the price of the land, and the person who sowed it, the corresponding rent.

 

V. The person who builds, plants or sows in bad faith on another’s land shall lose what he has built, planted or sown without being entitled to compensation.

 

VI. The owner of the land on which another has built, planted or sown in bad faith may request the demolition of the works or the uprooting of the plantation and sowing, returning things to their original condition at the expense of the person who built, planted or sowed.

 

VII. In the event of bad faith not only on the part of the person who builds, sows or plants on another’s land, but also on the part of the owner of the latter, the rights of one and the other shall be the same as if both had acted in good faith.

 

VIII. The owner shall be deemed to have acted in bad faith whenever the deed should have been performed in his full sight, with his awareness and forbearance, and without opposition.

 

IX. If the materials, plants or seeds should belong to a third party who has not acted in bad faith, the owner of the land must be liable for their value on a subsidiary basis, only in the event that the person who used them does not have sufficient property to pay. This provision shall not apply if the owner should exercise the right provided in clause VI.

 

X. The accretion gradually obtained by riverbanks as a result of the water currents shall belong to the owners of the land and properties adjoining such banks.

 

XI. The owners of landed properties adjoining ponds or lagoons do not acquire the land uncovered by the natural decrease of the waters, nor lose the land flooded by the waters in extraordinary rises.

 

XII. Where the current of a river, stream or torrent should segregate from the bank of a landed property a known portion of land and should transport it to another property, the owner of the property to which the segregated part belonged shall remain the owner thereof.

 

XIII. Trees which are uprooted and transported by the current of the waters shall belong to the owner of the land to which they are taken, if the former owners should not claim them within one month. In the event that they should claim them, they must pay any expenses incurred in gathering them in or putting them in a safe place.

 

XIV. Riverbeds which are abandoned as a result of natural variations in the course of the waters shall belong to the owners of the lands of the riverbanks, in their respective lengths. If the abandoned riverbeds should have separated plots of land belonging to different owners, the new dividing line shall be equidistant from such properties.

 

XV. Islands formed in the seas adjacent to the coasts of the Jarldoms of the High Realm and in navigable and floatable rivers belong to the Jarldoms aforesaid.

 

XVI. Where a navigable and floatable river should vary its direction naturally, and open a new course in a private landed property, this course shall become part of the public domain. The owner of the property shall recover it when the waters should leave it dry again, either naturally or as a result of any legally authorised works for such purposes.

 

XVII. Islands which are formed in rivers by successive accumulation of debris belong to the owners of the nearest banks or shores, or to those of both banks if the island should be in the middle of the river, and the island shall then be divided longitudinally in half. If a single island thus formed should be further away from one bank than from the other, the owner of the nearest bank shall own all of it.

 

XVIII. When the river current should divide it into two branches, leaving a plot of land or part of it isolated, its owner shall remain owner thereof. He shall likewise keep it if a portion of land is separated from the property by the current.


On the right of accession in respect of movable property.

I. When two movable things belonging to different owners are joined in such a manner that they form a single thing, without bad faith, the owner of the principal thing shall acquire the accessory thing, compensating the former owner for its value.

 

II. Between two things which have been incorporated together, the thing to which the other has been joined as an adornment, or for its use or perfection shall be deemed the principal thing.

 

III. If, pursuant to the rule of the preceding article, it should be impossible to determine which of two things incorporated together is the principal thing, the thing of greater value shall be deemed principal, and, between two things of equal value, the one with the greater volume.

 

IV. In paintings and sculpture, in writings, printed documents, engravings and lithographs, the table, the metal, the stone, the canvas, the paper or the parchment shall be deemed accessory.

 

V. When the things joined together can be separated without impairment, the respective owners may demand their separation.

 

VI. However, when the thing joined for the use, embellishment or perfection of another is much more precious than the principal thing, the owner of the former may demand separation thereof, even if the thing to which it was incorporated suffers any impairment.

 

VII. When the owner of the accessory things has incorporated it in bad faith, he shall lose the incorporated thing and shall be obliged to compensate the owner of the principal thing for any damages suffered.

 

VIII. It the owner of the principal thing should have acted in bad faith, the owner of the accessory thing shall be entitled to choose between the former paying its value or the separation of the thing belonging to him, even if it should be necessary to destroy the principal thing; in both cases, compensation of damages shall also apply.

 

IX. If either owner should have performed the incorporation in the other’s sight, with his awareness and forbearance, and without opposition, their respective rights shall be determined as if they had acted in good faith.

 

X. Whenever the owner of the materials employed without his consent should be entitled to compensation, he may request that this consist of delivery of a thing equal to the one employed in species and value, and all circumstances thereof, or the price thereof, according to expert appraisal.

 

XI. If, at the will of their owners, two things of the same or different species should be mixed, or if the mix should take place by chance, and in this last case the things should not be capable of separation without impairment, each owner shall acquire a proportional right to the part which corresponds to it based on the value of the things mixed or commingled.

 

XII. If, at the will of one owner only, but in good faith, two things of equal or different species should be mixed or commingled, the rights of the owners shall be determined according to the provisions of the preceding clause.

 

XIII. In the event that the person who performed the mix or commingling acted in bad faith, he shall lose the thing belonging to him which was mixed or commingled, and shall also be obliged to compensate any damages caused to the owner of the thing with which he performed the mix.

 

XIV. The person who, acting in good faith, has used another’s materials in whole or in part to create a new work, shall be entitled to appropriate the work, compensating the owner of the materials for their value.

 

XV. In the event that the materials should be more precious or of greater value than the work for which it was used, the owner of the former may, at his discretion, keep the new species, after compensating the value of the work, or request compensation for the materials.

 

XVI. If bad faith should have intervened in the creation of a new species, the owner of the materials shall be entitled to keep the work without paying the author anything, or to request the latter to compensate him for the value of the materials and any damages caused.

 

This is my ruling, and my ruling is law!

 

 

 

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Astrid Sólareyjarsdóttir

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L'Haut Roy le veult!

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Haraldur Freyjugjöf af Ættingjunum Freyju, Yfirkonungur Stórmerkur

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