acts, or even because another performs such acts without the knowledge or against the will of the owner.

But the owner exposes himself to the loss of his right of ownership in a thing if he permits it to remain in the possession of a third person for a time sufficient to enable the latter to acquire it by prescription.

C. C. 3472 (3435); 19 A. 478.

ART. 497. [489.]-No one can be deprived of his property unless for some purpose of public utility, and on consideration 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.

C. C. 2626 (2604); C. N 545; 9 L. 205; 20 A. 308; D. Sec. 698–710. Acts 1853, No. 174; Acts 1855, No 38. U. S. Const. Art. 4 am'd'ts.

ART. 498. [490.]-The ownership of a thing, whether it be movable or immovable, 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.

C. N. 546, 547; 15 L. 122.

CHAPTER 2.

Of the Right of Accession to what is produced by the Thing.

ART. 499. [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; and the young of animals belong to the owner by right of accession.

(Am'd.) C. N. 547; 3 A. 600; 5 A. 611; 6 A 634; 14 A. 169. ART. 500. [492.]-The young of animals belong to the owner of the mother of them by right of accession.

(Am'd.)

ART. 501. [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 expenses.

C. N. 548; 2 A. 762.

ART. 502. [494.]—The products of the thing do 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.

C. N. 549.

ART. 503. [495.]-He is bona fide possessor who possesses as owner by virtue of an act sufficient in terms to transfer property, the defects of which he was ignorant. 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 owner.

C. C. 3451 (3414), 3473 (343), 3480 (3446); C. N. 550; 11 M. 695; 1 N. S. 405; 2 N. S. 555, 564; 7 N. S. 650; 6 L. 285; 10 R. 178; 6 A. 356; 9 A. 171, 172; 10 A. 645; 12 A. 545; 15 A. 237.

CHAPTER 3.

Of the Right of Accession to what unites or incorporates itself to the Thing.

ART. 504. [496.]—All that which becomes united to or incorporated with the property, belongs to the owner of such property, according to the rules hereafter established.

C. N. 551; 18 L. 122.

SECTION 1.

Of the Right of Accession in relation to Immovables.

ART. 505. [497.]-The ownership of the soil carries with it the ownership of all that 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 Servitudes.

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.

C. C. 646 (642); C. N. 552; 11 R. 225.

ART. 506. [498.] All the constructions, plantations and works, made on or within the soil, are 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 may acquire by prescription the property of a subterraneous piece of ground under the building of another, or of any part of the building.

C. N. 553; 2 R. 133; 12 R. 225; 4 A. 49; 20 A. 308; 23 A. 138. ART. 507. [499.]—If the owner of the soil has made constructions, 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 reimburs

ing their value to the owner of them and paying damages, if he has thereby caused him any injury or damage.

C. N. 554; 23 A. 138.

ART. 508. [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 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 made 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, plantations or edifices, but he shall have his choice either to reimburse the value of the materials and the price of workmanship, or to reimburse a sum equal to the enhanced value of the soil.

C. N. 555; 16 L. 414; 18 L. 70; 2 R. 133, 187; 3 R. 138; 11 R. 225; 12 R. 44; 2 A. 376, 403; 12 A. 545; 14 A. 338; 15 A. 85; 16 A. 85, 91, 243; 23 A. 138.

ART. 509. [501.]-The accretions, which are formed successively and imperceptibly to any soil situated on the shore of a river or other stream, are called alluvion.

The alluvion belongs to the owner of the soil situated on the edge of the water, whether it be a river or stream, 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. C. N. 556; 6 M. 216; 9 M. 656; 18 L. 22; 10 A. 54; 13 A. 105; D. Sec. 318. ART. 510. [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.

C. N. 557.

ART. 511. [503.]-If the river or stream, 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 a 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.

C. N. 559.

ART. 512. [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.

C. N. 560.

ART. 513. [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.

C. N 561.

ART. 514. [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 propor-. tion to the front they respectively have on the stream opposite the island.

C. N. 555.

ART. 515. [507.]-If on the contrary, the island lies 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. 516. [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.

11 A. 699.

ART. 517. [509.]—If a river or stream, whether navigable or not, by opening itself a new branch 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.

C. N. 562.

ART. 518. [510.]-If a river or stream, 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 stream returns to its former channel.

C. N 563.

ART. 519. [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.

C. N. 564.

SECTION 2.

Of the Right of Accession in Relation to Movables.

ART. 520. [512]-The right of accession, when it operates upon two movable things, belonging to two different owners, rests altogether upon principles of natural equity.

The following rules shall direct the determination of the judge in unforeseen cases, according to the peculiar circumstances of such cases.

C. N. 565.

ART. 521. [513.]-When two things belonging to different owners, and which have been united in such a manner as to form a whole, are nevertheless of a nature to be separated, so that one may exist without the other, the whole belongs to the owner of the thing which forms the principal part, under the obligation of reimbursing to the other the value of the thing which has been united to his own.

C. N. 566.

ART. 522. [514.]-The part which is considered as principal, is that to which the other has been united only for the use, ornament or completion of the other.

Thus the diamond is the principal part with reference to the gold in which it is set.

The coat itself, with reference to the lace, lining and embroidery.

C. N. 567.

ART. 523. [515.]-Nevertheless equity requires that there should be some exception to the preceding rule, when the thing united is much more precious than the principal thing, and when it has been made use of, unknown to the owner. In such case, the owner may demand that the thing be separated and returned to him; even though some injury should result to the thing to which it has been united.

C. N. 568.

ART. 524. [516.]-If of the two things united to form one whole, the one can not be considered as the accession of the other, the most considerable in value or in bulk, if the value be nearly equal, shall be considered as the principal.

C. N. 569.