Also known as: Solo cedit quod solo implantatur · quod solo implantatur cedit solo · accession · fixtures
Written by attorneys · grounded in primary & secondary sources — see below
A maxim providing that things planted or affixed to the soil become part of the real property. The principle determines when goods lose their separate identity and an interest in them arises under real property law rather than personal property rules.
Synergy Systems sold manufacturing equipment to Stonehaven Properties for installation at its warehouse. The equipment remained movable at the time the security interest attached. Stonehaven's lender therefore treated the items as goods under Article 9 rather than fixtures.
Spectrum Financial financed specialized lighting grids that National Content bolted into a leased warehouse. Once the grids became so related to the real property that an interest arose under real property law, they qualified as fixtures.
Select any source to read its text and confirm it supports the definition.
Sofia Stern relied on Red Owl's repeated assurances that it would sell her a parcel of land and build a store. When Red Owl backed out after she sold her bakery and moved, the court applied promissory estoppel to prevent injustice even though no formal contract existed.
A religious organization owned real property used exclusively for worship. The tax commission denied an exemption. The Court upheld the exemption because the property served a religious purpose without advancing or inhibiting religion.
Samuel Soto visited a friend's home and tripped on a loose step that the owner knew was dangerous. The court held that the owner owed a duty of ordinary care to warn of known hazards even though Soto was a social guest rather than an invitee.
Sterling Dynamics sold a pole lamp whose design was copied by a competitor. Sears sold identical copies at lower prices. The Court held that federal patent law preempted state unfair competition claims seeking to protect the unpatented design.
Personal property becomes a fixture when it is so related to particular real property that an interest in it arises under real property law. The maxim supplies the common-law test for determining whether goods lose their separate identity upon affixation.
No. Goods that are still movable when a security interest attaches are classified as goods under Article 9, not fixtures. The maxim governs only after the goods become so related to the real property that real-property law creates an interest in them.
Real property and its fixtures cannot be the subject of larceny. Once the landowner severs the material and obtains possession of it as personal property, a later wrongful taking can constitute larceny.
…"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…