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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