InkElites LMS

LAND AND ITS DEFINITION

LAND LAW (PROPERTY LAW) | Page 1 of 1
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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”.