The Concept Of Property

Question 1

Section 18(1) of the Interpretation Act

Answer 1

Definition of Land
Land includes any building and any other thing attached to the earth or permanently fastened to anything so attached but does not include minerals.

Question 2

S. 2 of the Property and Comveyancing Law.

Answer 2

The statute defines land to include:
The earth surface and everything attached to the earth otherwise known as fixtures and all chattels real. It also includes incorporeal rights like a right of way and other easements as well as profits enjoyed by one person over the ground and buildings belonging to another.

Question 3

Francis v. Ibitoye

Answer 3

Quic quid plantatur solo solo cedi; all things attached to land fork part of the land and entitled to the same rights of property as the soil itself.

Question 4

S 1 of the Land Use Act

Answer 4

The concept of the right of occupancy evolved and, the radical title on land having been vested in the State Governor, the holder of a statutory right of occupancy on such land has the sole and absolute possession of improvements on the land, and he is entitled to dispose of same with the requisite consent of the governor.

Question 5

S. 29 of the Land Use Act of 1978

Answer 5

The holder of a statutory right of occupancy is entitled to compensation in the event of revocation of the statutory right of occupancy. Thus, the maxim quic quiz plantatur solo solo cedi does not apply to holders of statutory right of occupancy since 29th march 1978