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NeCede's

Maxim 5.2.5

Whatever is planted in the soil belongs to the soil.

Quicquid plantatur solo, solo cedit.

Source: Inst. 2.1.32; 2 Bouv. Inst. n. 1572; Dig. 41.1.7.10 Difficulty 1/5 — Foundational

Explanation

Whatever takes root in the soil becomes the property of the landowner, regardless of who planted it — a trespasser who plants crops on another's land loses them, and a tenant's plantings revert to the landlord absent a contrary agreement. Cite this in disputes over ownership of timber, orchards, or improvements affixed to land.

Where this applies

  • I built a barn on my rented farmland — does it belong to me or the landlord?
  • My tenant installed a permanent deck — who owns it when they move out?

Legal domains

See also

Cite this maxim

NeCede Max. 5.2.5 — Whatever is planted in the soil belongs to the soil. — Inst. 2.1.32; 2 Bouv. Inst. n. 1572; Dig. 41.1.7.10 (Quicquid plantatur solo, solo cedit.)

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