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NeCede's

Maxim 3.1.22

Seals and statues affixed to a house are not counted among the furnishings of the house, but are part of the house itself.

Sigilla et statuae affixae instrumento domus non continentur, sed domus portio sunt.

Source: Wharton, III-316 Difficulty 3/5 — Intermediate

Explanation

Fixtures permanently attached to a building — such as seals, statues, or other ornaments affixed to the structure — pass with the conveyance of the building itself and need not be separately mentioned in the deed.

Where this applies

  • A homeowner sells a house, and the buyer later discovers that the carved marble mantelpiece was removed before closing; the court rules the mantelpiece was part of the house itself and should have conveyed with the sale.
  • A tenant removes ornamental iron railings that were bolted into the building's facade, and the landlord sues, arguing those fixtures are part of the structure, not the tenant's personal property.
  • During a divorce, one spouse claims a built-in bookcase is personal property; the court holds it is affixed to the house and belongs to whoever gets the house.

Legal domains

Cite this maxim

NeCede Max. 3.1.22 — Seals and statues affixed to a house are not counted among the furnishings of the house, but are part of the house itself. — Wharton, III-316 (Sigilla et statuae affixae instrumento domus non continentur, sed domus portio sunt.)

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