Also known as: quicquid plantatur solo solo cedit · fixtures · accession to land
Written by attorneys · grounded in primary & secondary sources — see below
A maxim of real property law holding that anything affixed to land becomes part of the realty. The rule determines when goods lose their separate character as personal property and pass with title to the land under real property principles.
Quentin Quinn buys specialized shelving units for his warehouse. He bolts the units into the concrete floor and walls to create permanent storage. When Quentin later grants a security interest in his inventory, the lender must determine whether the shelving now counts as part of the real property rather than separate goods.
Queenie Quinones installs custom lighting grids and ceiling rails in her leased retail space. The items are wired into the building structure. When Queenie defaults on her mortgage, the lender claims the grids and rails as part of the real property subject to the mortgage lien.
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Quentin Quach promises to sell a parcel to Quest Quail after Quest installs irrigation systems and fencing. Quest completes the work and attaches the systems to the soil. When Quentin later refuses to convey, the court must decide whether the attached improvements now belong to the land and pass with any conveyance.
Queen Quintero owns land on which a tenant attaches a permanent deck and railing to the house foundation. A guest is injured on the deck. The court treats the deck as part of the real property when allocating duties between owner and tenant.
Quinton Quinones borrows from a bank and grants a security interest in equipment later bolted to his factory floor. The bank records no fixture filing. When Quinton sells the factory, the purchaser takes title to the land including the attached equipment under the maxim.
Quorum Partners adds permanent solar arrays bolted to the roof of its commercial building. The arrays become part of the real property. State tax authorities assess the arrays as part of the land rather than as separate personal property.
Goods become fixtures when they are so related to particular real property that an interest in them arises under real property law. The maxim supplies the common-law test that attachment to the soil causes the item to lose its separate identity as personalty.
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Real property and its fixtures cannot be the subject of larceny. Once severed and reduced to personal property in the landowner's possession, a later wrongful taking may constitute larceny, but the maxim prevents larceny charges while the item remains attached.
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A devise of land together with fixtures passes the attached items as part of the realty. If the land is later condemned, the devisee receives only traceable proceeds remaining in the estate, not substitute property purchased with the award.
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…"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…