Legal Definitions - res accessoria

Res accessoria refers to an accessory thing, meaning an item or right that is secondary to, dependent on, or serves the purpose of a primary or principal thing. It cannot exist or function meaningfully on its own, but rather enhances or completes the main item.

Here are some examples to illustrate this concept:

• Example 1: A Custom-Built Deck Attached to a House

  Imagine a homeowner builds a large, custom-designed deck directly attached to the back of their house. In this scenario, the principal thing is the house itself. The res accessoria is the deck. The deck's purpose and value are intrinsically tied to the house; it serves as an extension of the living space and enhances the house's functionality and appeal. It would not typically be sold or used independently of the house.

• Example 2: A Right-of-Way for a Landlocked Property

  Consider a parcel of land that is completely surrounded by other properties, with no direct access to a public road. To make the land usable, the owner obtains an easement (a legal right-of-way) across a neighbor's property to reach the road. Here, the principal thing is the landlocked parcel. The res accessoria is the easement. The right-of-way is an accessory right because it is secondary to the ownership of the land and exists solely to provide necessary access, thereby enhancing the utility and value of the principal property.

• Example 3: Specialized Software for Industrial Machinery

  A manufacturing company purchases a unique, high-precision industrial robot that requires proprietary software to operate its complex functions. The principal thing is the industrial robot. The res accessoria is the specialized software. While the software is a distinct component, its entire purpose is to enable and control the robot. Without this specific software, the robot cannot perform its intended tasks, making the software an essential accessory to the principal machinery.