InkElites LMS

QUIC QUID RULE

LAND LAW (PROPERTY LAW) | Page 1 of 20
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In land law, our primary concern is the “quic quid plantatur solo solo cedit” rule. This Latin maxim means that whoever owns the land owns the improvement on it. By this rule, whatever is affixed to the soil becomes a part of it and is subjected to the same right or property as the soil itself. The improvement may be natural such as crops; it may also be artificial such as houses. Thus, if a man builds on another‟s land, the landowner becomes the owner of the building by the operation of this quicquid rule. In effect, if Chinedu builds or plants on land belonging to Comrade Wisdom, the latter can claim the land and the improvement on the land. In Adesogbe v. Rojaiye (1994-98) II OYSHC 157, the plaintiff claimed the sum of ₦100,000 from the defendant as damages when the defendants unlawfully took over his church building. He admitted in his pleading that the land upon which the church was built belonged to the 2nd defendant but claimed that he was gifted the land to erect the church building. The defendant denied plaintiff's contribution to the building. The court simply applied the quic quid rule and awarded the land and building to the defendants. Ariwoola J wrote: “Even though the plaintiff did not adduce sufficient evidence to support his claim that he built the church in dispute all alone, assuming but without holding that he did, with his express admission that the second defendant is the owner of the land upon which the church is built, applying the above principle, the church building automatically belongs to the owner of the land.” Court Cannot Award Damages against a Landowner after Declaring Him the Original Title Holder It is improper for a court after declaring title in favour of a landowner to award damages against