Whatever is built upon the soil belongs to the soil.

Explanation

Buildings, fences, walls, and all permanent structures affixed to land become part of the land — they pass with a grant of the soil.

Where this applies

• A tenant builds a permanent brick garage on his landlord's property — when the lease ends, the garage belongs to the landlord because whatever is built upon the soil becomes part of the soil.
• A man constructs a stone wall on land he is buying under a contract, but the sale falls through — the wall now belongs to the landowner because permanent structures affixed to the land pass with the land itself.
• A neighbor accidentally builds a fence entirely on the adjacent owner's property — the fence, once permanently set in the ground, becomes part of that land and belongs to the owner of the soil it sits on.

See also

• 5.2.2 Whose is the soil, his it is even to the sky above and to the depths below.
• 5.2.5 Whatever is planted in the soil belongs to the soil.