Extent of Land (2)

Another Latin maxim is also frequently employed to define the extent of land: quicquid plantatur solo, solo cedit. It means “whatever is attached to the ground becomes a part of it”. There are also a number of limitations to this maxim which need to be considered. Two examples are given below.

Annual crops which require periodical labour for their production, such as potatoes, are termed “fructus industriales”. It was held in Duppa v Mayo [1669] that these are not included in land, although the natural vegetation (“fructus naturales”) are normally considered to be part of the land.

In the second example, it was held in Rogers v Longsdon [1967] that an artificial heap of waste could become part of the land when grass and trees grow on it. The principle is also reflected to a greater or lesser extent by the rules governing chattels and fixtures.

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