The basic rule at common law is thať all things attached to the land and entitled to the same rights of property as the soil itself. Htowever in FRANCIS V IBITOYE, the plaintiff built on the defendants land without the consent of the defendant and in absence of latches and acquiescence on his part. The court held thať a building erected in such circumstance became the property of the landowner without any obligation upon him to recompense the builder.Thus, the supreme court suggested the applicability of the rule under Nigerian law in the case of N.E.P.A V AMUSA.
A preliminary point to bear in mind is thať there is no general rule of customary law in support of the doctrine of the rule , Quic quid plantantur solo solo cedit under customary land tenure system. Thus, the only case in which the doctrine was expressly applied was the case of OKOIKO v. ESEDALUE. However, in other areas of customary land tenure, it’s applicability or otherwise can only be drawn by inference. For example, non – applicability of the doctrine was demonstrated by West African Court of Appeal( WACA ) in the old Gold Coast case of SATENG V. DARKWA. However, the decision remains isolated as court have declined to follow the rule in Quic quid plantantur solo solo cedit. Thus, in OWOO V OWOO For example, WACA held thať the building which was erected with the testator’s own money could, upon the testator’s death, become family property; while in the case of ALAO V. AJANI, the Supreme court considered the in Sateng v. Darkwa to be of doubtful validity and held, following its earlier decision in Shelley v. Asajon, thať any improvement made in family land belonged to the family.
However, under Islamic law, a person has no title to buildings erected on his land by a trespasser, but may require thať the land be restored back to its original state, or claim compensation for the restoration. Therefore, the maxim : Quic quid plantantur solo solo cedit does not apply because ownership of building attached to land are separate from the land itself.
In conclusion, upon the enactment of the Land Use Act 2014 where in Nigeria ownership lies in the statutory rights of occupancy. Thus, the rule, Quic quid plantantur solo solo cedit does not apply to holders of statutory right of occupancy in Nigeria since 29th March 1978.
