LA ACCESIÓN INDUSTRIAL INMOBILIARIA EN LA JURISPRUDENCIA.

Abstract

This paper looks at the current state of case-law on what is called «industrial accession,» i.e., construction entirely on another person's land, built in good faith or otherwise, but not including cases of inverted accession and cases of construction extending onto third-party land. Nevertheless, case-law makes it clear that it can sometimes be hard to draw a hard and fast line between the two, and it may be advisable to guide proceedings toward the solutions expressly stated in the law, to avoid legal uncertainty. Furthermore, it is important to clarify exactly what situations article 361 of the Civil Code applies to, so as to avoid applying the solutions outlined by law to cases that are not, strictly speaking, cases of accession, such as building by the land's own owner or by a person commissioned or authorized by the landowner, followed by the sale or auction of the land alone to a third party. The types of title under which a party may begin construction on third-party land are reviewed. Case-law is found frequently to regard many such cases as accession, despite the fact that, according to legal thought, the rules of accession operate only where the builder holds no title at all. The effects anticipated for each case of accession are examined, with all the practical problems they present. Legal battles over accession also pose multiple procedural problems that are critically important and yet are almost never analyzed by scholars specializing in the matter. In short, a general overall picture is painted of a concept of law that is of enormous importance in real estate, one that embraces construction, planting and sowing on third-party land and the improvement, conversion and repair of pre-existing buildings.