One of the elements of land you buy in Akwa Ibom or anywhere in Nigeria is that land consists of everything growing on or permanently affixed to it. This brings us to the principle of quic quid plantatur solo solo cedit. The maxim means that whatsoever is affixed or planted on a piece of land is part of the land.
Generally speaking, it means that whoever owns a piece of land owns that which is planted or fixed on it. In the contemplation of law, land has not only length and breadth but also has volume. It extends upwards to infinity and downwards to the center of the earth. It includes things attached to it and also the rights that come with it. The land may have both natural and artificial content. The natural content includes the ground and its subsoil and things growing naturally on it such as trees etc. The artificial content includes buildings, structures, chattels etc.
However, there are some exceptions to the application of this principle which we shall examine below;
- Express contract: Parties may by express contract exclude the application of quic quid plantatur solo solo cedit. In a sale or lease of land, economic tress like iroko, palm trees, may be excluded from the land in a written agreement by both parties, thereby giving the vendor rights of ownership over the economic trees. So whenever from the express contract of the parties, an intention can be inferred of the non-applicability of the maxim, it will be applied.
- Application of the principles of equity: The application of equittable principles can oust the application of the maxim. For instance, where A erroneously builds on land belonging to B and B allows A to persist in his error and failed to promptly challenge A, A may be guilty of laches and acquiescence. Laches and acquiescence is a legal principle which may disentitle the true owner form claiming ownership of land and what is attached to the land.
- Express exclusion of the maxim: The principle will not apply where it is expressly exlcuded by the operation of a law or statute. For instance, in some areas where customary law applies, economic tress are not subject to the same principle applicable to the partition of land. Thus, a different consideration applies in the sharing of economic trees quite different from the consideration or rules applicable to partition of land. A person therefore may be the owner of land without actually being the owner of the economic trees thereon.
In concluding, while it is true that whatsoever is attached to the land you buy in Akwa Ibom or anywhere in Nigeria belongs to you, there are certain exceptions to that principle as highlighted above.
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