2561

The owner of the accessions or improvements, which are not understood to be mortgageable according to § 2557 of this title, may demand in every case or keep the objects involved, if the latter can be done without depreciating the value of the rest of the property.\nIf he demands payment for them, he may not delay fulfillment of the main obligation under the pretext of cashing in his right but rather shall have to collect what is due him from the price of the property itself when it is alienated to pay off the loan.\nIf the accessions or improvements cannot be removed without damaging the property, their owner shall collect what they cost, even though the amount left over may not be enough to cover the mortgage loan; but if they can be removed without said damage, and the choice is made, however, not to remove them, they shall be disposed of separately from the estate, and only their price shall be at the disposal of said owner.\nHistory —Mortgage Law, 1979, § 165.