Quicquid plantatur solo, solo cedit
Quicquid plantatur solo, solo cedit (Latin, "whatever is affixed to the soil belongs to the soil") is a legal Latin principle related to fixtures which means that something that is or becomes affixed to the land becomes part of the land; therefore, title to the fixture is a part of the land and passes with title to the land. Consequently, whosoever owns that piece of land will also own the things attached.
Property law |
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Part of the common law series |
Types |
Acquisition |
Estates in land |
Conveyancing |
Future use control |
Nonpossessory interest |
Related topics |
Other common law areas |
Higher category: Law and Common law |
Another way to look at it is by interpreting the Latin principle as 'that which is attached to the land becomes a part of the land'; use of the word soil is a more literal translation.
The purpose of the principle is to ensure that a purchaser of land does not acquire title or ownership of something which is not intended to pass with the land. The principle also ensures that correct title does pass to a purchaser in case a previous owner attempts to assert that a fixture was a chattel and therefore belonged to them.
The principle has particular relevance to landlord and tenant law. If a tenant is coming close to the end of his or her agreement and aims to remove a particular item attached to the landlord's property, the principle exists to remedy this.
See also
References
- Hepburn. Principles of Property Law. Second Edition. 2001. p 148.
- Brantly. Principles of the Law of Personal Property. 1891. Paras 9 and 151.
- Indermaur. Principles of the Common Law. Fourth Edition. 1885. p 63.