Land is defined as the source of all material wealth and human existence. The Interpretation Act and Property and Conveyancing Law define land to include buildings, structures attached to land, but exclude minerals. Rights in land include possessory rights, which confer direct physical control, and ownership rights, which confer exclusive rights to use, control, and dispose of the land. State land is land vested in the governor under the Land Use Act, who can allocate statutory rights of occupancy for up to 99 years to individuals and corporations for use and development. The legal maxim "quid quid plantatur solo solo cedit" means anything affixed to land becomes part of the land, but this does not apply under customary Nigerian land
Land is defined as the source of all material wealth and human existence. The Interpretation Act and Property and Conveyancing Law define land to include buildings, structures attached to land, but exclude minerals. Rights in land include possessory rights, which confer direct physical control, and ownership rights, which confer exclusive rights to use, control, and dispose of the land. State land is land vested in the governor under the Land Use Act, who can allocate statutory rights of occupancy for up to 99 years to individuals and corporations for use and development. The legal maxim "quid quid plantatur solo solo cedit" means anything affixed to land becomes part of the land, but this does not apply under customary Nigerian land
Land is defined as the source of all material wealth and human existence. The Interpretation Act and Property and Conveyancing Law define land to include buildings, structures attached to land, but exclude minerals. Rights in land include possessory rights, which confer direct physical control, and ownership rights, which confer exclusive rights to use, control, and dispose of the land. State land is land vested in the governor under the Land Use Act, who can allocate statutory rights of occupancy for up to 99 years to individuals and corporations for use and development. The legal maxim "quid quid plantatur solo solo cedit" means anything affixed to land becomes part of the land, but this does not apply under customary Nigerian land
Land is defined as the source of all material wealth and human existence. The Interpretation Act and Property and Conveyancing Law define land to include buildings, structures attached to land, but exclude minerals. Rights in land include possessory rights, which confer direct physical control, and ownership rights, which confer exclusive rights to use, control, and dispose of the land. State land is land vested in the governor under the Land Use Act, who can allocate statutory rights of occupancy for up to 99 years to individuals and corporations for use and development. The legal maxim "quid quid plantatur solo solo cedit" means anything affixed to land becomes part of the land, but this does not apply under customary Nigerian land
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.