§ 1028 Material Ownership Rights

This law says that if you use someone else's materials to make something, the owner can get back the item by paying you for the work, unless the work is worth more than the materials, in which case you keep the item after paying back the material value.

Key Takeaways

•You can keep what you made if your work is worth more than the materials you used.
•Otherwise, the owner can get the item back by paying you for the work.
•You must reimburse the material value if you keep the item.

Example

A carpenter uses a neighbor's expensive wood to build a custom table.

The neighbor can ask for the table back and pay the carpenter for the work, unless the carpenter's labor is worth more than the wood, in which case the carpenter keeps the table after refunding the wood's value.

If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship, unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker, on reimbursing the value of the materials. (Enacted 1872.)

Key Takeaways

•You can keep what you made if your work is worth more than the materials you used.
•Otherwise, the owner can get the item back by paying you for the work.
•You must reimburse the material value if you keep the item.

Example

A carpenter uses a neighbor's expensive wood to build a custom table.

Key Takeaways

Example

Key Terms

References

§ 1028 Material Ownership Rights

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References