• Latest
  • Trending
  • All
THE APPLICABILITY AND LIMITATIONS OF “QUIC QUID PLANTATUR SOLO SOLO CEDIT” UNDER THE NIGERIAN LAND LAW _ AZEEZ AZEEZAT AYOMIDE

THE APPLICABILITY AND LIMITATIONS OF “QUIC QUID PLANTATUR SOLO SOLO CEDIT” UNDER THE NIGERIAN LAND LAW _ AZEEZ AZEEZAT AYOMIDE

Ondo Deputy Speaker and Majority Leader resign

Ondo Deputy Speaker and Majority Leader resign

Chief of Army Staff Oluyede relocates to Markurdi over Herdsmen Attacks

Chief of Army Staff Oluyede relocates to Markurdi over Herdsmen Attacks

‘How driver lost control’ – Survivor Narrates Accident that killed 22 Kano Athletes

‘How driver lost control’ – Survivor Narrates Accident that killed 22 Kano Athletes

Nigerian Government Announces Public Holidays for Sallah Celebrations

Nigerian Government Announces Public Holidays for Sallah Celebrations

The progress of Kano state is non – negotiable – Engr. Yusuf

Kano Declares 12-day Sallah Holiday for Schools

Kwara mobile court convicts 135 sanitation violators |

Kwara Law Students Appeal for Immediate Release of Law School Scholarship Funds

‘We have recovered reasonable amount’ – EFCC gives update on N1.3trn CBEX crypto fraud

‘We have recovered reasonable amount’ – EFCC gives update on N1.3trn CBEX crypto fraud

Daura v U.B.N PLC: Landmark Supreme Court Decision on ‘Estate and Debt’ Responsibilities after Death

Daura v U.B.N PLC: Landmark Supreme Court Decision on ‘Estate and Debt’ Responsibilities after Death

PROHIBITION OF RIBĀ (INTEREST-BASED TRANSACTIONS) IN ISLAMIC FINANCE: CONCEPT AND SIGNIFICANCE

PROHIBITION OF RIBĀ (INTEREST-BASED TRANSACTIONS) IN ISLAMIC FINANCE: CONCEPT AND SIGNIFICANCE

Hajj 2025: Saudi Arabia deports Sheikh Gumi back to Nigeria

Hajj 2025: Saudi Arabia deports Sheikh Gumi back to Nigeria

JUST IN: Wike seals PDP National Secretariat in Abuja

JUST IN: Wike seals PDP National Secretariat in Abuja

JAMB Announces Date to release UTME Result for resit Candidates

99% Scores Below 200 in Resit UTME – JAMB

  • About Us
  • Advertise with Us
  • Editorial Policy
Wednesday, June 4, 2025
  • Login
iDeemlawful
  • Home
  • News
  • Featured
  • Politics
  • Life Style
  • Advertise with Us
  • Opinion
  • Campus
No Result
View All Result
iDeemlawful
No Result
View All Result
No Result
View All Result
iDeemlawful
  • Home
  • News
  • Featured
  • Politics
  • Commentary
  • Editorial
  • Campus
Home Featured

THE APPLICABILITY AND LIMITATIONS OF “QUIC QUID PLANTATUR SOLO SOLO CEDIT” UNDER THE NIGERIAN LAND LAW _ AZEEZ AZEEZAT AYOMIDE

by iDeemlawful
November 22, 2021
A A
THE APPLICABILITY AND LIMITATIONS OF “QUIC QUID PLANTATUR SOLO SOLO CEDIT” UNDER THE NIGERIAN LAND LAW _ AZEEZ AZEEZAT AYOMIDE
FacebookTwitterWhatsapp

INTRODUCTION

Land in land law does not means the ground only, it includes all other things attached to the earth surface which includes trees, rocks, buildings and structures naturally affixed to the land.

To a layman, land means the solid part of the hard surface of the ground. However, land may have both natural and artificial content or structure, the natural content is the ground and its subsoil and the things below and above the earth.

RelatedPosts

Trump 2.0: everything, everywhere, all at once

THE DOCTRINE OF SEPARABILITY IN ARBITRATION

Sexually transmitted Diseases and the Law: Can victims in Nigeria seek Justice? by Lanase Usman

MEDIATOR ACTING AS ARBITRATOR: UNDERSTANDING SECTION 79 OF THE ARBITRATION AND MEDIATION ACT, 2023

An artificial content or structure includes buildings and other structures such as trees, rocks etc.

In this article, land will be defined according to statutes, jurists and relevant reference books, the extent of the application of Quic quid plantatur solo solo cedit to the definitions of land as well as its limitations under the Nigerian Land law.

DEFINITIONS 0F LAND

Black’s law dictionary defines land as “an immovable and indestructible three dimensional areas consisting of a portion of the surface and everything growing on or permanently affixed to the land”.

The Interpretation Act defined land as “including any building and any other things attached to the earth or permanently fastened to anything co attached but does not include minerals”.

Otuama defined land as “hard surface, subsoil, the air space above it as well as the things permanently attached to it.”

E.H Born defined land to include “the surface of the earth together with all the subjacent and superjacent things of a physical nature such as buildings, trees and minerals.” Umezulike also defined land to include “the ground, hard surface, the top soil and everything attached to the land including economic trees attached to the land”.

APPLICATION OF “QUIC QUID PLANTATUR SOLO SOLO CEDIT” TO THE DEFINITIONS OF LAND

Going by the aforementioned definitions, it is seen that the principle of Quic quid plantatur solo solo cedit reflected in the definitions and it shows the extent of its applicability under the Nigerian land law.

Coker agrees that the maxim applies in Yoruba native law and custom where he said “land is by far the simplest object of property in any system of jurisprudence, in this connection also, land in any application of the term includes buildings thereon. The maxim Quic quid plantatur solo solo cedit which is a maxim of most legal systems, is also a part of Yoruba native law and custom”.

Olawoye clearly agrees with the authorities that, for the sake of commence of law, does not distinguish between the ownership of the fixtures thereon. The principle, Quic quid plantatur solo solo cedit applies”.

Nwabueze explained the application of the principle thus; “It must not be supposed, however that the maxim Quic quid plantatur solo solo cedit applies inflexible in all situations. Its application in any particular case depends first upon the circumstances of that case, such as the nature of the subject which it is claimed has become part of the soil by attachment thereto, and secondly, upon any statutory enactments in modifying the operation of the maxim”.

In a nutshell, things affixed to the land is also land and not only the solid part of the hard surface, the application of the maxim however depends on the circumstances of the particular case.

This brings us to the limitations of Quic quid plantatur solo solo cedit under the Nigerian Land law which are the exceptions to the maxim.

EXCEPTIONS TO THE APPLICABILITY OF “QUIC QUID PLANTATUR SOLO SOLO CEDIT”

1.The exception under the Interpretation Act; The Interpretation Act defines land to include only buildings or any other things attached to the earth or permanently fastened to anything co attached but does not include minerals.

2. The transaction of land under native custom; Under the native law and custom, an agreement relating to the soil or surface of the land may be different from an agreement relating to the economic trees on that same land. It means that, the owner of the soil or surface may not be the owner of the trees on the same land.

In MOORE V. JONES, the plaintiff was given a declaration of a title to a house standing on another person’s land. With the decision of the court, it shows that, if a tenant affixes a permanent structure on another person’s land, he has a title to that structure under the native law and customs i.e declaration of title.

In ERIMWINGBOVO V. AMAYO , it was held that, under Benin law and custom, on a land tenure, title to all land in Benin Kingdom was vested in the OBA of Benin as a trustee for the people. Others held mere possessory rights based on the approval granted by the Oba.

The Yoruba customary law makes a distinction between the physical land and improvements thereon. Obi agrees that land under African customary law does not include developments thereon.

Niki Tobi summarized the position of the two divergent positions thus; “Although, judicial opinion on the issues is not uniform, there is more support of the opinion that, the maxim applies in Nigerian customary law. It will be inequitable to contend otherwise. It would appear however that the maxim will not apply under customary law if improvements made thereon”.

The rule applies under customary law but it depends on the circumstances of the case. Where a person builds a house on another person’s land without the consent of the owner and after the owner has protested severally, will ultimately loose the property to the owner of the land as the maxim applies. See OSHO V. OLAYIOYE , EZONI V. EJODIKE .

However, under customary law, where the structure or building was erected with the permission of the owner of the land, the improvement remains the property of the person that constructed the building or structure.

Customary law also allows the maker to continue using the building or structure as long as they remain on the land. See the decision of the court in ADEBIYI V. OGUNBIYI .

3. Another statutory limitation is the CONSTITUTION OF FEDERAL REPUBLIC IF NIGERIA which provides that “the entire property and control of all minerals, mineral oils and natural gas in, under or upon the territorial waters and the exclusive economic zones of Nigeria shall vest in the Government of the Federation…”

CONCLUSION

The maxim “Quic quid plantatur solo solo cedit” is applicable to land under the Nigerian Land law to some extent which however ,depends on the circumstances of the case.

The exceptions to the application under customary law and the statutes has also been discussed.

Land conclusively, does not just mean the ground and its subsoil, it also includes all other objects attached to the earth surface. Land in law extends to further abstract, rights and interest like incorporeal hereditaments, rights of way, easements and profits enjoyed by persons over the property or ground belonging to other persons.

REFERENCES

A.A Otuama, Nigerian Law Of Real Property, Shaneson concise university series,1989, P.4

Black’s Law Dictionary,7th Edition

B.O Nwabueze, Nigerian Land Law, Nwamife Publishers Limited Enugu,1972

C.O Olawoye, Title to Land, Evans Brother Limited, 1974E.

H Born, Cheshire’s Modern Law Of Real Property 12th Edition, Lexis

Nexis,1976, P.136G.B.A. Coker, Family Property among the Yorubas, African University Press,1966, P.45I.

A Umezulike, ABC of Contemporary Land Law in Nigeria,2013, ISBN9789102275, 9789789102273

Interpretation Act(CAP 123) LFN 2004, Section 18

Section 44(3) of the Constitution of Federal Republic of Nigeria, 1999 as amended

S.N.C Obi, The Ibo Law of Property, Butterworths,1963

Tags: GPS GadgetLand lawLawPrinciple of law
Previous Post

UNIBEN Extends 2021/2022 Post UTME & Direct Entry Registration

Next Post

Naira Hits Stronger At Parallel Market Against Dollar

iDeemlawful

iDeemlawful

Related Posts

Ondo Deputy Speaker and Majority Leader resign
Featured

Ondo Deputy Speaker and Majority Leader resign

Chief of Army Staff Oluyede relocates to Markurdi over Herdsmen Attacks
Breaking News

Chief of Army Staff Oluyede relocates to Markurdi over Herdsmen Attacks

Hajj 2025: Saudi Arabia deports Sheikh Gumi back to Nigeria
Featured

Hajj 2025: Saudi Arabia deports Sheikh Gumi back to Nigeria

Court stops Senate disciplinary action against Natasha Akpoti
Featured

Akpabio, Yahaya Bello to testify as Nigerian Govt files Criminal Charges Against Natasha

Peter Obi attends Pope’s inauguration in Rome to beg Tinubu over Fidelity Bank’s N225bn Debt Crisis – Report
Featured

Peter Obi attends Pope’s inauguration in Rome to beg Tinubu over Fidelity Bank’s N225bn Debt Crisis – Report

Nigerian Senate denies viral kiss video says not one of Them
Featured

How National Assembly Illegally inserts projects worth N6.93trn into 2025 budget – Report

JUST-IN: Social Activist VeryDarkMan Arrested by EFCC
Breaking News

EFCC releases VeryDarkMan on Bail

Catholic Bishops Reply Trump Over AI-Generated Pope Image
Featured

Catholic Bishops Reply Trump Over AI-Generated Pope Image

Nigerian Government Announces Public Holidays For Easter
Breaking News

Nigerian Government Announces Public Holidays For Easter

Biafra War: Ndigbo demands ₦10,000,000,000,000 in Damages from Tinubu after IBB’s Revelations
Breaking News

Presidency Reacts to US Court order on Release of Tinubu’s Past Records

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

iDeemlawful

Copyright © 2019–2025 Deemlawful Media

  • About Us
  • Advertise with Us
  • Editorial Policy

Connect With Us

No Result
View All Result
  • Home
  • News
  • Featured
  • Politics
  • Life Style
  • Advertise with Us
  • Opinion
  • Campus

Copyright © 2019–2025 Deemlawful Media

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In