Also known as: Solo cedit quod solo inaedificatur · quicquid plantatur solo solo cedit · accession
Written by attorneys · grounded in primary & secondary sources — see below
An accession doctrine under which goods physically united with other goods become part of the whole while retaining separate identity. A security interest may be created in an accession and continues in collateral that becomes an accession if the interest was perfected at the time of accession.
Sydney Santos financed a heavy press for her factory with Summit Bank and granted a security interest in the press alone. After delivery Santos bolted the press into the concrete floor and integrated it with the existing assembly line. When Santos defaulted, Summit Bank asserted its interest in the press as an accession. The bank retained its security interest because the press kept its separate identity after attachment.
Sophia Singh purchased a GPS planting module on credit from Plains Ag Lenders and granted a perfected security interest in the module. Singh later bolted the module onto a tractor already encumbered by another lender. After default the module lender claimed its interest survived the attachment. Because the interest was perfected before the module became an accession, the interest remained perfected in the module.
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Sean Steele bought an MRI coil from Lake Clinical under a purchase-money security agreement and filed a financing statement describing only the coil. Steele bolted the coil into an existing MRI machine using the machine's mounting brackets. After default the coil lender sought to recover the coil. The coil retained its separate identity and the lender's perfected interest continued in the coil as an accession.
Simon Stern purchased specialized turbine blades on credit from Omega Electric and granted a security interest in the blades alone. Stern bolted the blades onto turbine hubs already financed by another lender. After default the blade lender asserted its interest survived installation. The blades remained identifiable accessions and the lender's security interest continued in them.
Samuel Soto acquired a robotic arm under a purchase-money security agreement with Blue Works and filed a financing statement covering only the arm. Soto welded the arm into an existing assembly line with permanent brackets and wiring. After default the arm lender claimed its interest continued in the arm. The arm kept its separate identity and the lender's security interest persisted as an accession.
Stephen Shaw bought a modular sound system from Lake Community and granted a security interest in the system. Shaw mounted the amplifiers and speakers onto an outreach van already subject to a certificate-of-title lien. After default the system lender asserted its interest continued in the equipment. The equipment remained an accession and the lender's interest survived the mounting.
Yes. A security interest may be created in an accession and continues in collateral that becomes an accession. The interest remains perfected if it was perfected at the time of accession.
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Priority is governed by the other provisions of Part 3 of Article 9. A security interest in an accession is subordinate to a security interest in the whole perfected by compliance with a certificate-of-title statute.
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An accession involves goods physically united with other goods so that the identity of the original goods is not lost. Fixtures are goods so related to real property that an interest in them arises under real property law.
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The purchase-money interest continues in the accession and its priority is determined under the general priority rules of Part 3. The first-to-file rule usually controls unless a certificate-of-title statute applies.
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…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…