The Effects of Accession and Equity on Improver’s Right to Claim Compensation for Improvements on Non-Owner’s Land

Abstract

Accession and Equity are two legal concepts that conflict each other in the area of payment of reparation as a remedy for losses to bona fide improvements on non-owner’s land.Due to these conflicts and rigid application of civilis possessio many innocent improvers were adversely affected and they were not reasonably compensated in the area concerned.The objectives of the study were to identify the types of improvements, developments of law in favour of innocent improvers, the effects of unjust enrichments and design of an equitable model of compensation for identified issues. The analysis of findings was purely based on ideology of scholars, legal concepts and judicial decisions. Early courts much relied on civilis possessio and innocent parties’ relief was on negative side. This position was confirmed in many judicial decisions in the past. However, the latter case law revealed that in spite of existence of civilis possessio many developments in this area were created by courts in terms of flexible approach on improver’s animus. This paved way for bona fide improver to enjoy the rights of compensation specially for inpensae utiles (useful improvements). Finding a solution for the problem of determining the right of compensation and the quantum of reparation for improvements was a great challenge on judiciary and fortunately
courts were of the view that Equity shall prevail when conflicts arise. It was evident that unjust enrichment and losses play a vital role in this scenario and compensation should act as a hedge against loss and unjust enrichment. In respect of the identified practical issues of the area of study, a model was designed relying on cash flow and cost aspects based on Equity principle that says “no one should be unjustly enriched at the expense of another”. The rationale was that compensation should be equal to the loss to a bone fide improver.
Key Words: Improvements, equity, accession, unjust enrichment, compensation