282. Vesting of materials: fixed materials in the absence of an express term.

282.     Vesting of materials: fixed materials in the absence of an express term.

Once materials are fixed as part of the permanent works, the maxim quicquid plantatur solo, solo cedit applies and the property in fixed materials passes to the owner of the land1. A contractor has no lien on fixed materials and can only sue the employer for sums due under the contract2. A contractor has no right to materials which although once fixed are subsequently severed3.

Once materials are so fixed that their separate identity has been subsumed into that of