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?
Topics
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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