Also known as: Omne quod solo inaedificatur solo cedit · quicquid plantatur solo solo cedit · accession · fixtures
Written by attorneys · grounded in primary & secondary sources — see below
A principle of property law under which any structure or improvement permanently affixed to land becomes part of the real property itself. The maxim treats the affixed item as acceding to the soil so that it loses its separate character as personal property. Once united with the land the item is governed by real-property rules rather than rules applicable to chattels.
National Content bolted specialized lighting grids and acoustical panels into a leased warehouse to create a television soundstage. River Press claimed a security interest in the grids as equipment. Because the grids were permanently affixed to the real property, they acceded to the land and became fixtures subject to the prior mortgage held by Imperial News.
EcoProbe installed groundwater monitoring wells and sensors throughout GreenFill's landfill site under a written access agreement. Title to the wells remained with EcoProbe. Once the wells were physically united with the land, they acceded to the real property and could not be removed without regard to the license coupled with an interest.
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Marisol resurfaced a paved strip on Horizon Bakery's lot and installed permanent railings after receiving permission to treat the strip as part of her café patio. The improvements became permanently affixed to the land. The affixed structures therefore acceded to the real property and bound the subsequent purchaser Lee as an irrevocable license equivalent to an easement.
Northview College repaved a path and installed bollard lighting within its recorded easement over city-owned land. The college's work permanently affixed the improvements to the servient parcel. The affixed features therefore acceded to the real property and remained enforceable against the city under the terms of the easement deed.
High Mesa installed wind-monitoring towers on Maria's ranch pursuant to a recorded right in gross. The towers were bolted into the ground and connected to access roads. Once affixed, the towers acceded to the real property, yet High Mesa's separate contractual duty to remove them survived assignment of the servitude rights.
O sold restaurant fixtures located on Blackacre together with the benefit of a noncompetition covenant burdening Whiteacre. The fixtures had been permanently installed on the land. Because the fixtures acceded to the real property, the attempted transfer failed to create an enforceable right in the purchaser R.
An item loses its character as personal property once it becomes so related to particular real property that an interest in it arises under real-property law. The maxim treats the affixed item as acceding to the soil. After accession the item is governed by rules applicable to real property rather than chattels.
Supporting sources
The maxim applies when goods have become fixtures under real-property law even if they could later be removed. Readily removable equipment may retain its character as personal property for some purposes, but once the goods are united with the land the accession principle governs priority disputes between secured parties and mortgagees.
Supporting sources
Real property and its fixtures cannot be the subject of larceny. If a person severs property from the land and removes it before the landowner obtains possession of the severed material as personal property, no larceny occurs. Once the landowner acquires possession of the severed material as personalty, a later wrongful taking can constitute larceny.
Supporting sources
…"the State may proscribe a trespass action by landlords generally against a cable TV company which places a cable and other fixtures on the roof of any landlord's building, in order to protect the right of the tenants of rental property, who will ultimately have to pay any charge a landlord is permitted to collect from…