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A Edificatum Solo Solo Cedit - Law Dictionary Search Results

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A Edificatum solo, solo cedit

A Edificatum solo, solo cedit. Co. Litt. 4 a.-(That which is built upon the land goes with the land.) see FIXTURES....

Quic quid plantatur (or fixature) solo, solo cedit

Quic quid plantatur (or fixature) solo, solo cedit, the maxim, which is found in English law, viz., 'quicquid plantatur solo, solo, cedit', has at the most only a limited application in India. There is nothing in the laws or customs of this country and traces of the existence of an absolute Rule of Law that whatever is affixed or built on the soil becomes a part of it, and is subjected to the same rights of property as the soil itself, Narayan Das Khettry v. Jatindra Nath Roy Chowdhry, AIR 1927 PC 135.There is no custom of Hindu law by which the maxim quicquid plantatur (or aedificatur) solo, solo cedit, has no application at all in India. The English law would apply unless it is clear that by local customary or other law applicable in this country, it does not the Courts of India have excluded the application of the maxim altogether, though they have help and the legislature has said in effect that there are substantial exceptions to the application of the maxim, N.P.A. Chettiar Firm ...

Quicquid inaedificatur solo, solo cedit

Quicquid inaedificatur solo, solo cedit, the maxim 'quic quid inaedificatur solo, solo cedit' whatever is affixed to the soil belongs to the soil, is a rule of considerable antiquity and has been held to be inapplicable in this country, Atmakur Venkatasubbiah Chetty v. Thirupurasundari Ammal, AIR 1965 Mad 185 (186). (Transfer of Property Act, 1882, s. 63)...

Quicquid plantatur solo, solo cedit

Quicquid plantatur solo, solo cedit. Off. Of Exec. 47, (Whatever is affixed to the soil, belongs to the soil.) Therefore, if A. builds on B.'s land, the building becomes the property of B. see FIXTURES.The maxim 'quicquid fixatur solo, solo cedit whatever is fixed to soil, goes with or belongs to the soil which is a rule of the common law of England. But that rule has not been accepted in India, Patnaik and Co. v. State of Orissa, AIR 1965 SC 1655 (1658)....

Omne quod solo in'dificatur solo cedit

Omne quod solo in'dificatur solo cedit. Dig. 47, 3. 1, (Everything which is built upon the soil belongs to the soil.) Similarly, Quicquid plantatur solo, solo cedit. (Whatever is planted in the soil belongs to the soil) See FIXTURES....

Solo cedit, quicquid solo plantatur

Solo cedit, quicquid solo plantatur (Went. Off. Ex. 57), what is affixed to the soil belongs to the soil....

Fixtures

Fixtures. Things of an accessory character which are not something which is part of the original struc-ture, Boswell v. Crucible Steel Co., (1925) 1 KB 119, annexed to houses or lands, which become, immediately on annexation, part of the realty itself, i.e., governed by the same law which applies to the land, in conformity with the maxim quicquid plantatur solo, solo cedit. The application of this legal principle, however, is not uniform, as may be thus shown:(1) Between landlord and tenant. If the chattels be not let into the soil, they are not fixtures at all, and may be removed at will, like any other species of personal property. When the chattel is connected with the free-hold, by being let into the earth, or by being cemented or otherwise united to some erection attached to the ground, the question arises-when may the tenant remove such fixtures?The general rule as to annexations made by a tenant during the continuance of his term is the following-Whenever he has affixed anything...

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A Edificatum Solo Solo Cedit - Law Dictionary Search Results