To the layman, land is the earth surface. To a lawyer, land includes the subsoil and everything under
the land. Land extends to the atmosphere (above the land, up to the sky). This common law definition
of the land has found statutory backing in some statutes such as Interpretation laws and the Property
and Conveyancing Law 1959, (this applies to the old Western States i.e. Ogun, Ondo and Oyo State
respectively, while other States have their own laws).
Land has been defined in the Interpretation Act as “including, any building and 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 1959 (Western Nigeria) defines land to
include, “the earth surface and….everything attached to the earth otherwise known as fixtures and all
chattels real. It also includes incorporeal rights like a right of way and other easements as well as
profits enjoyed by one person over the ground and buildings belonging to another”.