LEGAL PRINCIPLE: LAND LAW – State Lands – Rights of Lessee on Expiry of Lease Under Section 10 of the State Lands Law
PRINCIPLE STATEMENT
The proviso to Section 10 of the State Lands Law creates an exception to the maxim quicquid plantatur solo, solo cedit for leases not exceeding thirty years; upon lease determination, the lessee has statutory right to remain in possession for three months to remove buildings, unless the Minister elects to purchase them. After this period, the lessee becomes a tenant at sufferance by operation of law.
RATIO DECIDENDI (SOURCE)
"The proviso to Section 10 of the State Lands Law creates an exception to the maxim quicquid plantatur solo, solo cedit for leases not exceeding thirty years. Upon determination of such a lease, the lessee has a statutory right to remain in possession for three months to remove buildings, unless the Minister elects to purchase them. After this period, the lessee becomes a tenant at sufferance by operation of law."
EXPLANATION / SCOPE
The common law maxim “quicquid plantatur solo, solo cedit” (whatever is attached to the soil becomes part of it) normally means buildings erected on leased land become the landlord’s property. Section 10’s proviso modifies this for short leases (≤30 years), giving lessees three months post-expiration to remove their buildings. This protects lessees’ investment in improvements. The Minister may elect to purchase the buildings instead. If the lessee remains beyond three months, they become “tenant at sufferance”—one who wrongfully holds over after lease expiration, entitled to no estate but tolerated until removed. This status has legal consequences for possession and liability. The provision balances protecting lessees’ property rights against the state’s eventual possession.