LAND RIGHTS UNDER CUSTOMARY LAW: AN EXAMINATION OF THE DICHOTOMY IN THE APPLICATION OF THE RULE OF QUIC QUID PLANTATUR SOLO SOLO CEDIT

Abstract

Land disputes are a common occurrence in land transactions. It is not unusual to find so many interests existing simultaneously over a piece of land particularly where improvements have been made upon such land. One of the cornerstones of land transaction in Nigeria is that whosoever owns the land, owns everything beneath the soil and up to the sky. This principle is expressed in the Latin maxim quic quid plantatur solo solo cedit. The principle enjoys judicial approval by both Court of Appeal and the Supreme Court in avalanche of cases. This paper addresses the applicability of this maxim to customary land within the southern states. Findings revealed that there are conflicting judgments and scholarly writings among text writers with respect to the applicability of this maxim under customary law. The paper through doctrinal research methodology, examines the applicability of the principle of quic quid plantantur solo solo cedit in customary land law in Nigeria. It intimately scrutinizes the applicability of the principle to customary land transaction in Nigeria and found that, the principle is unknown to customary land transaction. Customary land transaction is unique and determined by the custom and traditions of where such land is situated. It makes recommendations towards the improvement/codification of customary land transactions in Nigeria to avoid confusion. It recommends that the Supreme Court comes out with a clear position on the application of this rule under customary law.