« ZurückWeiter »
ACQUISITION OF PROPERTY.
V. Homesteads, 88 1237-1269.
IX. Hydraulic Mining, 88 1424-1425.
MODES IN WHICH PROPERTY MAY BE ACQUIRED. $ 1000. Property, how acquired. $ 1001. Acquisition of property by exercise of eminent domain.
8 1000. Property, how acquired. Property is acquired by:
$ 1001. Acquisition of property by exercise of eminent domain. Any person may, without further legislative action, acquire private property for any use specified in section 1238 of the Code of Civil Procedure, either by consent of the owner or by proceedings had under the provi. sions of title VII, part III, of the Code of Civil Procedure; and any person seeking to acquire property for any of the uses mentioned in such title is "an agent of the state," or a “person in charge of such use," within the meaning of those terms as used in such title. This section shall be in force from and after the fourth day of April, eighteen hundred and seventy-two. En. March 21, 1872. Cal.Rep.Cit. 62, 183; 69, 301; 79, 162; 79, 550; 91, 248;
95, 111; 95, 112; 99, 213; 119, 165; 129, 11; 137, 632. Eminent domain: See Code Civ. Proc., secs. 1237-1263.
OCCUPANCY. $ 1006. Simple occupancy. $ 1007. Prescription.
$ 1006. Simple occupancy. Occupancy for any period confers a title sufficient against all except the state and those who have title by prescription, accession, transfer, will, or succession. En. March 21, 1872.
Cal.Rep.Cit. 70, 240; 83, 288; 91, 385; 133, 636.
$ 1007. Prescription. Occupancy for the period prescribed by the Code of Civil Procedure as sufficient to bar an action for the recovery of the property confers a title thereto, denominated a title by prescription, which is sufficient against all. En. March 21, 1872. Cal.Rep.Cit. 56, 75; 71, 458; 83, 289; 97, 273; 98, 349;
98, 350; 102, 684 ; 106, 695; 109, 18; 128, 187; 136, 293. Adverse possession passing title: See Code Civ. Proc., secs. 321 et seq.
ACCESSION. Chapter I. To Real Property, $$ 1013-1019.
II. TO Personal Property, $$ 1025-1033.
ACCESSION TO REAL PROPERTY. 1013. Fixtures. $ 1014. Alluvion. 1015. Sudden removal of bank. 1016, Islands, in navigable streams, $ 1017. In unnavigable streams. 1 1018. Islands formed by division of stream. | 1019. What fixtures tenant may remove.
$ 1013. Fixtures. When a person affixes his property to the land of another, without an agreement permitting him to remove it, the thing affixed, except as provided in section ten hundred and nineteen, belongs to the owner of the land, unless he chooses to require the former to remove it. En. March 21, 1872. Am'd. 1873-4, 224.
Cal,Rep.Cit. 86, 339 ; 118, 636.
8 1014. Alluvion. Where, from natural causes, land forms by imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of material or by the recession of the stream, such land belongs to the owner of the bank, subject to any existing right of way over the bank. En. March 21, 1872.
Cal.Rep.Cit. 78, 636.
§ 1015. Sudden removal of bank. If a river or stream, navigable or not navigable, carries away, by sudden violence, a considerable and distinguishable part of a bank, and bears it to the opposite bank, or to another part of the same bank, the owner of the part carried away may reclaim it within a year after the owner of the land to which it has been united takes possession thereof. En. March 21, 1872.
$ 1016. Islands, in navigable streams. Islands and accumulations of land, formed in the beds of streams which are navigable, belong to the state, if there is no title or prescription to the contrary. En. March 21, 1872.
Cal.Rep.Cit. 99, 309; 125, 662; 135, 550.
$ 1017. In unnavigable streams. An island, or an accumulation of land, formed in a stream which is not navigable, belongs to the owner of the shore on that side where the island or accumulation is formed; or, if not formed on one side only, to the owners of the shore on the two sides, divided by an imaginary line drawn through the middle of the river. En. March 21, 1872.
$ 1018. Islands formed by division of stream. If a stream, navigable or not navigable, in forming itself a new arm, divides itself and surrounds land belonging to the owner of the shore, and thereby forms an island, the island belongs to such owner. En. March 21, 1872.
$ 1019. What fixtures tenant may remove. A tenant may remove from the demised premises any time during the continuance of his term, anything affixed thereto for purposes of trade, manufacture, ornament, or domestic use, if the removal can be effected without injury to the premises, unless the thing has, by the manner in which it is affixed, become an integral part of the premises. En. March 21, 1872. Rep. 1873-4, 224. En. 1873-4, 224.
Cal.Rep.Cit. 86, 339; 99, 639; 105, 19; 118, 636; 118, 639.
CHAPTER II. ACCESSION TO PERSONAL PROPERTY. $ 1025. Accession by uniting several things. 1026. Principal part, what. 1027. Same.
1028. Uniting materials and workmanship. 1029. Inseparable materials. 1030. Materials of several owners. 1031. Willful trespassers. 1032. Owner may elect between the thing and its value. $1033. Wrongdoer liable in damages.
3 1025. Accession by uniting several things. When things belonging to different owners have been united so as to form a single thing, and cannot be separated without injury, the whole belongs to the owner of the thing which forms the principal part; who must, however, reimburse the value of the residue to the other owner, or surrender the whole to him. En. March 21, 1872.
Cal.Rep.Cit. 130, 320.
$ 1026. Principal part, what. That part is to be deemed the principal to which the other has been united only for the use, ornament, or completion of the former, unless the latter is the more valuable, and has been united without the knowledge of its owner, who may, in the latter case, require it to be separated and returned to him, although some injury should result to the thing to which it has been united. En. March 21, 1872.
1027. Same. If neither part can be considered the principal, within the rule prescribed by the last section, the more valuable, or, if the values are nearly equal, the more considerable in bulk, is to be deemed the principal part. En. March 21, 1872.
$ 1028. Uniting materials and workmanship. If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship, unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker, on reimbursing the value of the materials. En. March 21, 1872.
§ 1029. Inseparable materials. Where one has made use of materials which in part belong to him and in part to another, in order to form a thing of a new description, without having destroyed any of the materials, but in such a way that they cannot be separated without inconvenience, the thing formed is common to both proprietors; in pro portion, as respects the one, of the materials belonging to him, and as respects the other, of the materials belonging to him and the price of his workmanship. En. March 21, 1872.
§ 1030. Materials of several owners. When a thing has been formed by the admixture of several materials of different owners, and neither can be considered the principal substance, an owner without whose consent the admixture was made may require a separation, if the materials can be separated without inconvenience. If they cannot be thus separated, the owners acquire the thing in common, in proportion to the quantity, quality and value of their materials; but if the materials of one were far superior to those of the others, both in quantity and value, he may claim the thing on reimbursing to the others the value of their materials. En. March 21, 1872.
Cal.Rep.Cit. 128, 641.
$ 1031. Willful trespassers. The foregoing sections of this article are not applicable to cases in which one willfully uses the materials of another without his consent; but, in such cases, the product belongs to the owner of the material, if its identity can be traced. En. March 21, 1872.
$ 1032. Owner may elect between the thing and its value. In all cases where one whose material has been used without his knowledge, in order to form a product of a diferent description, can claim an interest in such product, he has an option to demand either restitution of his material in