Quidcquid plantatur solo, solo cedit

Quidcquid plantatur solo, solo cedit

Literal Meaning

Whatever is planted in the ground, belongs to the ground.

Explanation

The well-known principle is that the property in all materials and fittings, once incorporated in or affixed to a building, will pass to the free-holder quicquid plantatur solo, solo cedit. As soon as materials of any description are used in a building or other erection, they cease to be the contractor’s property and become that of the free holder. The employer under a building contract may not necessarily be the free-holder, but may be a lessee or licensee, or even have no interest in the land at all, as in the case of a sub-contract. However, once the builder has affixed materials, the property in them passes from him, and at least as against him, they become the absolute property of his employer, whatever the latter’s tenure of or title to the lands. The builder has no right to detach them from the soil or building, even though the building owner may himself be entitled to sever them as against some other person – for example, tenant’s fixtures. Nor can the builder reclaim them if the building owner or anyone else has subsequently severed from the soil.[1]

Illustration

If A. builds on B.’s land, the building becomes the property of B.

Indian Law Position

It is very well recognized principle under Indian Law and has been cited in various cases.

Case Laws

Vpssr Facilities v. Commissioner of Value Added & Anr.

In the above-mentioned case the Honourable Delhi High Court, considered the maxim ‘Vpssr Facilities v. Commissioner of Value Added & Anr.’

 

Builders Association Of India & Ors. v. Union Of India & Ors

In the above-mentioned case the honourable Supreme Court of India, considered the principle provided by this maxim.[1]

M/S New India Sugar Mills Ltd v. Commissioner of Sales Tax

In this case also the principle of ‘Quidcquid Plantatur Solo, Solo Cedit’ was referred. [2]

Edited by Vigneshwar Ramasubramania

Approved & Published – Sakshi Raje

Reference

[1] M/S. Enviro Chemicals vs State Of Kerala, ST.Rev.No. 30 of 2004().

[2] Builders Association Of India & Ors. v. Union Of India & Ors, 1989 SCALE (2)768

[3] M/S New India Sugar Mills Ltd vs Commissioner Of Sales Tax, 1963 AIR 1207

 

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