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deration of an equitable and previous indemnity, and in a manner previously prescribed by law.
By an equitable indemnity in this case is understood, not only a payment for the value of the thing of which the owner is deprived, but a remuneration for the damages which may be caused thereby.
ART. 490.-The ownership of a thing, whether it be moveable or immoveable, carries with it the right to all that the thing produces, and to all that becomes united to it, either naturally or artificially.
This is called the right of accession.
Of the Right of Accession to what is produced by the
Thing ART. 491.-Fruits of the earth, whether spontaneous or cultivated; civil fruits, that is, the revenues yielded by property from the operation of the law or by agreement; children of slaves, and the young of animals, belong to the proprietor by right of accession. ART. 492.--The children of slaves and the
of animals belong to the proprietor of the mother of them, by right of accession.
ART. 493.-'The fruits produced by the thing belong to its owner, although they may have been produced by the work and labor of a third person, or from seeds sown by him, on the owner's reimbursing such person his expences.
ART. 494. The produce of the thing does not belong to the simple possessor, and must be returned with the thing to the owner who claims the same, unless the possessor held it bona fide.
ART. 495.- He is a bona fide possessor', who possesses as owner by virtue of an act sufficient in terms io transfer property, the defects of which he was ignorant of.
He ceases to be a bona fide possessor, from the moment these defects are made known to him, or are declared to him by a suit instituted for the recovery of the thing by the proprietor.
· CHAPTER III. Of the Right of Accession to what unites or incorpo
· rales itself to the Thing. ART. 496.-All that which becomes uuited to or incorporated with property, belongs to the owner of such properly, according to the rules hereafter established.
Of the Right of Accession, in relation to Immoveables.
ART. 497.—The property of the soil carries with it the property of all what is directly above and under it.
The owner may make upon it all the plantations, and erect all the buildings which he thinks proper, under the exceptions established in the title of serviludes or services.
He may construct below the soil all manner of works, digging as deep as he deems convenient, and draw from them all the benefits which may accrue, under such modifications as may result from the laws and regulations concerning mines, and the laws and regulations of the police.
ART. 498.-All the constructions, plantations and works, made on or within the soil, ile supposed to be done by the owner, and at his expense, and to belong to him, unless the contrary be proved, without prejudice to the rights of third persons, who have acquired or mayo acquire by prescription the property of a subterraneous piece of ground under the building of another, or of any part of the building.
ART, 499.-If the owner of the soil has made construc
tions, plantations and works thereon, with materials which did not belong to him, he has a right to keep the same, whether he has made use of them in good or bad faith, on condition of reimbursing their value to the owner of them, and paying damages, if he has thereby caused him any injury or damage.
ART. 500.-When plantations, constructions and works have been made by a third person, and with such person's own materials, the owner of the soil has a right to keep them or to compel this third person to take away or demolish the same.
If the owner requires the demolition of such works , they shall be demolished at the expense of the person who erected them, without any compensation ; such person may even be sentenced to pay damages, if the case require it, for the prejudice which the owner of the soil may have sustained.
If the owner keeps the works, he owes to the owner of the materials nothing but the reimbursement of their value and of the price of workmanship, without any regard to the greater or less value which the soil may have acquired thereby.
Nevertheless, if the plantations, edifices or works have been done by a third person evicted, but not sentenced to make restitution of the fruits, because such person possessed bona fide, the owner shall not have a right to demand the demolition of the works, planlations or edifices, but he shall have his choice either to reimburse the value of the materials and the price of workmanship, ou to reimburse a sum equal to the enhanced value of the
ART. 501.—The accretions, which are formed successively and imperceptibly to any soil situaled on the shore of a river or creek, are called alluvions.
The alluvion belongs to the owuer of the soil siluated on the edge of the water, whether it be a river or a creek, and whether the same be navigable or not, who is bound to leave public that portion of the bank, which is required by law for the public use.
ART. 502.—The same rule applies to derelictions formed by running water retiring imperceptibly from one of its shores and encroaching on the other; the owner of the land, adjoining the shore which is left dry, has a right to the dereliction, nor can the owner of the opposite shore, claim the land which he has lost.
This right does not take place in case of derelictions of the sea.
ART. 503.-If the river or creek, whether navigable or not, carries away by a sudden irruption a considerable tract of land from an adjoining field, which tract of land is susceptible of being identified, by carrying the same on the field lower down, or on the opposite shore, the owner of the tract of land thus carried away, may claim his property, provided he does it within a year, or even after the year has elapsed, if the person, to whose land the soil thus carried away has been united, has not yet taken possession of the same.
ART. 504.—Islands and sand bars, which are formed in the beds of navigable rivers or streams, and which are not attached to the bank, belong to the State, if there be no adverse title or prescription.
ART. 505.—Islands and sand bars which are formed in streams not navigable, belong to the riparian proprietors, and are divided among them according to the rules prescribed in the following articles.
ART. 506.-If the island be formed in the middle of the stream, it belongs to the riparian proprietors, whose lands are situated on the sides opposite the island. If they wish to divide it, it must be divided by a line supposed to be drawn along the middle of the river. The riparian proprietors then severally take the portion of the island which is opposite their land, in proportion to the front
they respectively have on the stream opposite the island.
ART. 507.-If on the contrary, the island lie on one of the sides of the line thus supposed to be drawn, it belongs to the riparian proprietors of the side on which the island is, and must be divided among them in proportion to the front they respectively have on the stream opposite the island.
ART. 508.-If an alluvion be formed in front of the property of several riparian proprietors, the division is to be made according to the extent of the front line of each at the time of the formation of the alluvion.
ART. 509.-If a river or creek, whether navigable or not, by opening itself a new bed, cuts off and surrounds the field of any individual owner of the shore, and makes it an island, the owner shall keep the property of his field.
ART. 510.-If a river or creek, whether navigable or not, opens itself a new bed by leaving its former channel, the owners of the soil newly occupied shall take, by way of indemnification, the former bed of the river, every one in proportion to the quantity of land he has lost.
They shall again take their former property, if the river or creek returns to its former channel.
ART. 511.–Pigeons, bees or fish, which go from one pigeon house, hive or fish pond, into another pigeon house, hive or fish pond, belong to the owner of those things, provided such pigeons, bees or fish have not been attracted thither by fraud or artifice.
Of the Right of Accession in relation to Moveables.
ART. 512.—The right of accession, when it operates upon two moveable things, belonging to two different owners, rests altogether upon principles of natural equity.