Maxim 5.2.29
Buildings pass by a grant of the land.
Source: Fleta, lib. 3, c. 2, s. 12; Weisman, 70o
Difficulty 4/5 — Advanced
Explanation
(English-origin maxim.) A conveyance of land includes all structures upon it — buildings are part of the realty and pass with the soil unless expressly excluded.
Where this applies
- A farmer sells his forty acres, and the barn, silo, and farmhouse all pass to the buyer automatically as part of the land.
- A property deed transfers a residential lot, and the house standing on it goes with the land even though the deed does not specifically mention the house.
- A landowner conveys a parcel to a developer, and the warehouse on the property transfers with the land unless the deed expressly excludes it.
Legal domains
Cite this maxim
NeCede Max. 5.2.29 — Buildings pass by a grant of the land. — Fleta, lib. 3, c. 2, s. 12; Weisman, 70o
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