District Of Columbia § 28:2A-310 - Lessor’s and lessee’s rights when goods become accessions.
Full text of District Of Columbia D.C. Code § 28:2A-310 — Lessor’s and lessee’s rights when goods become accessions., with citation guidance and answers to common questions.
§ 28:2A-310. Lessor’s and lessee’s rights when goods become accessions.
28:2A-310Goods are “accessions” when they are installed in or affixed to other goods.
The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection (d) of this section.
The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the whole except as stated in subsection (d) of this section, but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of such interests in the whole have in writing consented to the lease or disclaimed an interest in the goods as part of the whole.
The interest of a lessor or a lessee under a lease contract described in subsection (b) or (c) of this section is subordinate to the interest of:
A buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; or
A creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract.
When under subsections (b) or (c) and (d) of this section, a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee may (i) on default, expiration, termination, or cancellation of the lease contract by the other party but subject to the provisions of the lease contract and this article, or (ii) if necessary to enforce his or her other rights and remedies under this article, remove the goods from the whole, free and clear of all interests in the whole, but he or she must reimburse any holder of an interest in the whole who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.
Annotations
“Writing”. Section 1-201(46).
“Value”. Section 1-201(44).
“Termination”. Section 2A-103(1)(z).
“Security interest”. Section 1-201(37).
“Rights”. Section 1-201(36).
“Remedy”. Section 1-201(34).
“Person”. Section 1-201(30).
“Party”. Section 1-201(29).
“Lessor”. Section 2A-103(1)(p).
“Lessee in the ordinary course of business”. Section 2A-103(1)(o).
“Lessee”. Section 2A-103(1)(n).
“Lease contract”. Section 2A-103(1)(l).
“Lease”. Section 2A-103(1)(j).
“Knowledge”. Section 1-201(25).
“Holder”. Section 1-201(20).
“Goods”. Section 2A-103(1)(h).
“Creditor”. Section 1-201(12).
“Cancellation”. Section 2A-103(1)(b).
“Buyer in the ordinary course of business”. Section 2A-103(1)(a).
“Agreed”. Section 1-201(3).
Sections 2A-309(8), 9-314(1), 9-314(2), 9-314(3)(b), 9-314(4).
Neither this section nor Section 9-314 governs where the accession to the goods is not subject to the interest of a lessor or a lessee under a lease contract and is not subject to the interest of a secured party under a security agreement. This issue is to be resolved by the courts, case by case.
Finally, subsection (5) is modeled on the provisions of Section 9-314(4) with respect to removal of accessions, restated to reflect the parallel changes in Section 2A-309(8).
Subsection (4) creates two exceptions to the priority rules stated in subsections (2) and (3). Subsection (4) deletes the special priority rule found in the provisions of Section 9-314(3)(b) as the interests of the lessor and lessee are entitled to greater protection.
Subsection (3) restates the provisions of subsection (2) of Section 9-314 to add leasing terminology to the priority rule that applies when the lease is entered into on or after the goods become accessions. Unlike the rule with respect to security interests, the lease is merely subordinate, not invalid.
Subsections (1) and (2) restate the provisions of subsection (1) of Section 9-314 to clarify the definition of accession and to add leasing terminology to the priority rule that applies when the lease is entered into before the goods become accessions.
Revised to reflect leasing terminology and to add new material.
Section 9-314.
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 28:2A-310
What does D.C. Code § 28:2A-310 cover?
Section 28:2A-310 ("Lessor’s and lessee’s rights when goods become accessions.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 28:2A-310?
A common citation format is "D.C. Code § 28:2A-310" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 28:2A-310 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.