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NeCede's

Maxim 5.4.9

Whatever is built upon the soil belongs to the soil; buildings belong to the soil.

Omne quod solo inaedificatur solo cedit; aedificia solo cedunt.

Source: Fleta, lib. 3, c. 2, s. 12; Broom, Max. 401; Weisman, 70r Difficulty 1/5 — Foundational

Explanation

A conveyance of land carries every structure upon it — the grantee takes the buildings without separate mention.

Where this applies

  • I bought a plot of land — does that include the house that's on it even though the deed doesn't mention the house?
  • The deed says 'the land at 123 Main Street' — are the structures included?

Legal domains

See also

Cite this maxim

NeCede Max. 5.4.9 — Whatever is built upon the soil belongs to the soil; buildings belong to the soil. — Fleta, lib. 3, c. 2, s. 12; Broom, Max. 401; Weisman, 70r (Omne quod solo inaedificatur solo cedit; aedificia solo cedunt.)

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