''Quicquid plantatur solo, solo cedit'' (
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
, "whatever is affixed to the soil belongs to the soil") is a
legal Latin
A number of Latin terms are used in legal terminology and legal maxims. This is a partial list of these terms, which are wholly or substantially drawn from Latin.
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Common law
Civil law
Ecclesiastical law
See also
* B ...
principle related to
fixtures which means that something that is or becomes affixed to the land becomes part of the land; therefore,
title
A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the f ...
to the fixture is a part of the land and passes with title to the land. Consequently, whosoever owns that piece of land will also own the things attached.
Another way to look at it is by interpreting the Latin principle as 'that which is attached to the land becomes a part of the land'; use of the word ''soil'' is a more literal translation.
The purpose of the principle is to ensure that a purchaser of land does not acquire title or ownership of something which is not intended to pass with the land. The principle also ensures that correct title does pass to a purchaser in case a previous owner attempts to assert that a fixture was a chattel and therefore belonged to them.
The principle has particular relevance to landlord and tenant law. If a tenant is coming close to the end of his or her agreement and aims to remove a particular item attached to the landlord's property, the principle exists to remedy this.
See also
*
Accessio ''Accessio'' is a concept from Ancient Roman property law that decided ownership of property (the accessory) which is ''merged'', or ''acceded to'', another piece of property (the principal). In general the owner of the principal thing, whichever i ...
References
*Hepburn. Principles of Property Law. Second Edition. 2001
p 148
*Brantly. Principles of the Law of Personal Property. 1891. Para
9and 151.
*Indermaur. Principles of the Common Law. Fourth Edition. 1885
p 63
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Legal rules with Latin names
Property law