Also known as: Quod solo inaedificatur solo cedit · accession · inaedificatio
Written by attorneys · grounded in primary & secondary sources — see below
A maxim holding that whatever is built upon or affixed to land becomes part of the land itself.
Quokka Apparel finances a new engine for its delivery truck through a purchase-money loan from Quantum Dynamics. The lender perfects its interest before the engine is installed. After installation the truck is used in daily operations and Quokka defaults. Quantum Dynamics asserts its continuing interest in the engine as an accession.
Black Medical buys a specialized coil on credit from Lake Clinical and Lake Clinical perfects its interest by filing. Technicians later bolt the coil into an existing MRI machine. When Black Medical defaults both Lake Clinical and an earlier lender on the machine claim the coil. Lake Clinical relies on its perfected status at the moment of accession.
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Southern Precision buys a robotic arm financed solely by Blue Works which files a financing statement describing only the arm. The arm is later welded into an existing assembly line already encumbered by Nova Production. After default Blue Works seeks to remove the arm while Nova claims the entire line. The arm retains its separate identity after welding.
Crown Alliance purchases a modular sound system from Lake Community which files a financing statement. Crown mounts the amplifiers on a van already subject to a certificate-of-title lien held by Crest Council. After default the parties dispute priority in the mounted equipment. The mounting occurs after both filings.
Noon Solar buys specialized turbine blades on credit from Omega Electric which perfects by filing a statement limited to the blades. The blades are bolted onto hubs already financed by Brook Renewable under an after-acquired clause. After default both creditors claim the blades. The blades remain identifiable after installation.
HarborWorks buys two gantry cranes from Coastal Equipment Finance which makes a proper fixture filing before the cranes are bolted to rails on the pier. An earlier mortgagee later forecloses and claims the cranes as part of the real estate. Coastal asserts its prior perfected interest in the cranes.
Yes. The interest continues in the accession provided the accession retains its separate identity. The rule protects the specific description in the security agreement even after physical integration occurs.
Perfection continues if the interest was already perfected at the moment the collateral became an accession. Filing before installation therefore preserves the secured party's priority position relative to later claimants.
Priority is governed by the ordinary rules of Part 3 unless a certificate-of-title statute applies. When a title statute perfects the interest in the whole the accession interest is subordinate to that interest.
…of its cruises depart from and return to Florida ports. Similarly, there is no evidence that petitioner obtained respondents’ accession to the forum clause by fraud or overreaching. Finally, respondents have conceded that they were given notice of the forum provision and, therefore, presumably retained the option of…