Land Law 1

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1b.

With the aid of relevant judicial and statutory


authorities, define 'land'.
Land is regarded has the source of all material wealth. From it we get everything
that we use of value whether it be food, clothing, fuel, shelter, metal or precious
stones. We live on the land and from the land and to the land our bodies or ashes
are committed when we die. The availability of land is the key to human existence
and its distribution and use are of vital importance.
The interpretation Act of 1959 and 1999 respectively, Cap 192, the Act is currently
contained in cap 123 Laws of the Federation defines land to include any building
any other thing attached to the earth or permanently fastened to anything so
attached, but does not include minerals. Section 2 of the Property and
Conveyancing Law of Western Nigeria 1959, defines land to mean: “Land includes
land of any tenure, buildings or parts of buildings (whether the division is
horizontal, vertical or made in any other way), and other corporeal hereditaments;
also a rent and incorporeal hereditaments, and an easement, right, privilege or
benefit in over or derived from land.” 

2a. Discuss the legal categorization of 'rights' in land.


Categorization of rights over land can be regarded as the extent of control
exercisable over land. It includes the exclusive right to use or enjoy a piece or
parcel of land. These rights include; possessory right and ownership right. 
1. POSSESSORY RIGHT: Possession is regarded has a bundle of right which a
person has over a piece of land. It implies the direct physical authority a person
possesses over the land and the ability to deal with the land in the way he / she
pleases example; cultivation, erection of a building or a fence, demarcation with
pegs. It is possible to be in possession through a third party such as servant, agent
or tenant.
2. OWNERSHIP RIGHT: Black’s law dictionary defined ownership as the
collection of rights to use and enjoy property, including right to transmit it to
others. it is further regarded as the exclusive right, dominion or claim over a land.
It involves, the right to control, handle or dispose a land. 

2b. Discuss the concept of State land.


THE CONCEPT OF STATE LAND
The Land Use Act vests control and administration of land in the State Governor of
the state in which the land is located. So this gives the states the authority and
control over the ownership, use, development, and administration of land in
Nigeria. Section 1of the Land Use Act  provides that “ all lands comprised in  the
territory of each state in the Federation are vested in the Governor of that state and
such land shall be held in trust and administered for the use and common benefit of
all Nigerian in accordance with the provisions of the Act”. 
Furthermore,  Section 2 of the Land Use Act provides that all land in urban areas
are under the control and management of the Governor of each State, and all other
lands are under the control and management of the Local Government within
which jurisdiction the land is located. From the aforementioned provisions the
State Governor, and the Local Government are the administrators of land and are
given power by virtue of the aforementioned provisions to allocate land to any
individuals or corporations. 
Lastly, Section 5(1) of the Land Use Act allows the state Governor to grant
statutory right of occupancy to any person for all purposes in respect of land.
Section 9 of the same Act gives the state Governor the right to issue Certificate of
Occupancy as evidence of a right of occupancy.  The right of occupancy allows the
holder to use the land and occupy the land to the exclusion of all other persons.
The right of occupancy is granted to both individuals and companies and is granted
for a period not exceeding 99 years. 

2c. Explain the relevance of the legal Maxim, 'quid


quid plantatur solo solo cedit' under the Nigerian land
law.
QUID QUID PLANTATUR SOLO SOLO CEDIT 
Means whatever is affixed or attached to the soil belongs to the soil. The legal
principle means that something that is or becomes affixed to the land becomes part
of the land. The purpose of the principle is to ensure that a purchaser of land does
not acquire title or ownership of something which is not intended to pass with the
land. Research has shown that the aforementioned maxim does not apply to
Yoruba speaking areas of Nigeria or any other customary system of law in Nigeria
except in the case of things growing naturally on the land which in any case is
hardly within the maxim. In the case of Okoh v. Olotu the courts held that the
Latin Maxim does not apply to customary law.

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