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NeCede's

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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