LAND

Land is the generic term, which refers to the terra firma (physical land) and other things, which are under, on, over and above it. In a physical sense, land is the earth’s surface and anything naturally attached such as timber or mineral reserves. In this physical context, the definition of land differs from ‘site’, which includes improvements (external or interior) to prepare the land for a different use, or ‘real estate’, which is defined as land and attached improvements, including buildings. Land is generally considered the surface of the earth and everything under, on or attached to it, including water, minerals, buildings, but legally may be restricted to the solid surface on the earth, as distinguished from water (Dictionary of Real Estate Appraisal, Appraisal Institute and Property Appraisal and Assessment Administration (International Association of Assessing Officers – IAAO, p.101).

• Economists see land as the original; and exhaustible gift of nature.
• Lawyers viewed land as a real property denoting those abstract right, which can subsist on land including, buildings and other improvements on it. This definition is closely related to a maximum, which states ‘quid quid plantatur solo solo cedit’, meaning that ‘whatever is substantially annexed to the soil becomes part of the land’.
• Estate management: Land connotes the subtotal of the natural and man-made resources over which the possession of the earth’s surface gives control.

Estate in land can be described as a legal entity denoting the quality of rights an owner has in a real property.  Land connotes some concepts; these include:

1. Physical concepts of land: In its physical concept, land includes the soil, the trees and plants on it, animals and crawling on the land, island water (including rivers, lakes, fishpond, seas etc). The air space immediately above the land and the minerals below it. It is understood by the ancestors that everything on earth comes from the soil and returns eventually to the soil.  In words, every physical thing on earth is directly or indirectly derived from the earth, or the air space above it from the waters.
2. Social political concepts: The social political concepts of land views land as social political entity; for example, a nation is a social political entity, people form a social political entity, a political division, a town or a community.
3. Abstract concepts: Land can be viewed in terms of its abstract attributes. This concept of land sees land not in its physical, immobile attribute but a proprietary rights and interest subsisting in physical right.
4. Legal concepts: The legal concept is closely related to the abstract concept and it is concerned with the nature, the extent and the duration of the various interests and estate subsisting in the physical land; their distributions among different owners and the rights and duties attaching to those estates and interests, obligations and duties of the tenants, neighbour, and government. The law can also create a new estate and interest in land, abolish or condition existing ones in response to changes in the social political and economic circumstances in the society.
5. Spiritual concept: As mentioned, the ancient Greeks and Minoans prayed to the earth goodness, here and there, over the face of the earth; we find hearten tribes that pay all sorts of reverence to “mother earth”. In a paper published in January 1939 ESC Handy right saw the existence of certain spiritual and emotional values and society integrating factors in man’s relationship to the earth; and he stated categorically that without this value, the rural human or hearten suffers spiritual starvation. This summarises the meaning and the great importance of the spiritual concepts of land.
6. Economic concept: The economic concept of land can be defined as the sum total of the natural and man-made resources over which possession of the earth surface gives control.

The various perceptions of land

The term ‘land’ often means different things depending upon the context in which it is used and circumstances under which is considered.  These views are:

• Land as space: Land is fixed in quality and is indestructible because space cannot be destroyed or increased; Land as room and surface within which and upon which life takes place; Land as space includes not only the surface of the earth with the oceans, mountains, valley, and plains, which provides physical support for man and his works, but also cubic space.  Land involves the space beneath the surface within which minerals are found and from which they might be removed, the space that man occupies in his daily living and the space above it.
• Land as nature: It may be identified rather closely with natural environment. As such, it is conditioned by its access to sunlight, rainfall, wind, changing climatic condition, and different evaporation, soil, and topographic conditions. Because of the past and present workings of nature, some areas are rich in soil, forest, fish, and other resources while other areas appear bleak and barren. Man can change or modify many of the characteristics of land as nature. Many of the basic features of this concept, however, still lay beyond the tampering hand of man.
• Land as a factor of production: Economists frequently refer to land along with labour, capital and management as being one of the basic factors of production. When land is considered as a factor of production, it is usually thought of as the nature – given source of food, fibres, building materials used in modern society.
• Land as a situation: This view involves location with respect to markets, geographic features, other resources and other countries. It is significant not only because the value and use of most land is largely determined by its location and accessibility but also because of the strategic importance of the location factors in modern economic affairs and world politics.
• Land as consumption good: Land is often held and coveted not only because it adds directly to man’s production, but because it has value as a consumer’s good in its own right. Building of parks, recreation and residential properties are frequently treated as consumption goods.
• Land as property: It involves real estate and has legal connotations. It is concerned both with the area over which individuals, groups, or sovereign powers exercise rights of ownership and use and with the nature of the right and responsibilities they hold in land. This view is important because of the strong conditioning effect it has on human attitudes and the activities regarding land use all over the world. Proper institutions change with time, but the institutions that prevail at one time always exerts a powerful influence upon our attitudes and actions regarding land.
• Land as capital: From an economic standpoint, it is often difficult if not impossible to clearly distinguish land from capital. Following the assertions of the early classical economists, one might say that land is a free gift of nature while capital is man-made represents savings and store up production, or that land is durable while capital tends to be expendable. Similarly, one may question how free land actually is and how durable soil, forest, and mineral resources are in comparison with certain types of capital goods. The nature of this problem has led many economists to regard land as a species of capital while other asserts that space and situation are the only singular characteristics of land. Land may be fixed in quantity, durable in nature, and “free good” from the standpoint of society but from the standpoint of the average investor, land must be purchased or treated like other capital goods.
• Land as safety: Some cultural groups view land as a deity that possesses itself and that exercises certain inherent control over the people who use it.
• Land as a store of wealth: As a store of wealth that possesses many advantages over other possible alternative investments.
• Land as a community: Land may be associated with the idea of a community, either a fatherland or an ecological natural community, to which individuals have special responsibilities.

The importance of land

The usage of land for different purposes dated back to time immemorial. Land provides the early man with shelter, food, protection and clothing. Similarly the importance of land resources in the modern world cannot be overemphasised. Like in the early age, land still provides man with living space, raw materials necessary to meet his needs and opportunities for life’s satisfactions. In addition man looks to land for physical support, for food to eat, for fibres to clothe the body, for raw materials to provide housing and manufactured goods, for recreation, scenery and open space. In the light of the above, land resources still play a role of elemental significance without which man’s civilization and very existence would speedily end. The important of land resources can therefore be highlighted under the following headings:

• Politics: Politically, ownership of land is regarded as a mark of greatness and dominance. America and Nigeria are good examples. From time immemorial, most wars were fought for the possession of land. For instance, the inter-tribal wars were fought mostly with a view to dispossessing the opponents of their rights to land. Rights in land are often the key factors that determine an individual’s economic, social and political status. In recent times in Nigeria, people’s quest for ownership and control of land resources have caused a number of communal clashes among ethnic tribes. Few notable ones are the Ife-Modakeke riots, Isekiri-Urhobo feuds, Ijaw-llaje feud, Nigeria and Cameroon struggle for the oil rich Bakasi Peninsula, etc.
• Social: The social importance of land manifests from the fact that an average man lives in close association with the soil, fields, forests or fishing ground that provides him with sustenance and pride. Many people acquired land resources mainly for social prestige, especially real estate, with no instinct for economic returns.
• Economic: The basic and underlying significance of land resources to mankind can never be gauged simply in terms of their relative economic contributions to a nation’s economy. Contributions of land resources to the socio-economic, political and technological development of Nigeria and America cannot be over – estimated. Available records show that investment in land and land improvements account for two – third of the wealth of the United States. In addition, proprietor and rental incomes account for approximately a sixth of the personal income realised. Revenue for Federal, States and Local Governments in Nigeria. Land provides space for farming fishing, transportation and other economic actions. It provides raw material for manufactured goods and technological development in the society.
• Recreation: Man is benefiting immensely from land resources for Gaming, Recreating and leisure. Places like Yankari Games Reserve, Sokoto State, Erin-Ijesha Water Fall in Osun State and Ikogosi Warm Spring in Ekiti State, all in Nigeria are good recreation and tourist centres. Land is therefore important to man for recreation purposes.
• Religion: Barlowe (1978) reported that history speaks eloquently of the high regard with which man has viewed land in times past. The ancient Minoans and d Greeks prayed to an earth goddess, a reverence that has come down to us in the respect we show for mother earth. Man regards land as a deity where everybody comes from and will finally go for eternal rest. Many places, mountains and hills, forests and the waters are being used for worshipping gods. Such places are regarded as sacred areas, which must not be used for any other human activities apart from religion.

Major attributes of land

Land has some major attributes, which distinguish it from other natural and economic factors of production. These attributes are as enumerated below:

1. Fixed location: Fixed location is one of the major attributes of land. In essence, land is not mobile nor can it be physically transferred from one place to another. This is unlike other factors of production such as Labour and capital. Land is also geographically fixed as in the case of locations, mountains, rivers, sea, forest region, desert area and so on. In the same vein, land resources, which are naturally endowed, are geographically fixed. For instance, petroleum, gold, lime stone, tin ore and others are fixed in locations and are not evenly distributed nor can they be found everywhere. Vehicles, books, electronic gadgets and furniture for instance can be moved from place to place but houses, farm land etc are not movable.
2. Limitation of physical supply: Land is physically limited in supply. For example Nigerian’s land area is limited in supply. It cannot be extended without trespassing into another nation’s land area. This is the same in respect of fertile land, marshy area and air space of a country. However, technology has made it possible to some extent to reduce physical limitation in the supply of land. This is in the form of land reclamation exercise brought about by technological advancement. With the aid of technology, land for the construction of the Marina Express road in Lagos was reclaimed from the Lagoon. Reclamation exercise by the Lagos Executive Development Board (LEDB) in 1928 for housing construction in Surulere and Oko-Awo in Lagos are other notable examples made possible by technology. Application of fertilizer to improve the fertility of soil for agricultural purposes and the proposed inland water port at Abuja by the Federal Government of Nigeria are some other ways of increasing the physical supply and extensive use of land against its natural limitations.
3. Heterogeneous nature: Naturally land is heterogeneous as it has different parts and compositions. In Nigeria for example, land is of different composition. There are forest regions, grass land areas, mountainous areas, seas and riverine areas. Different interests are also possible on a piece of land or landed property such as freehold, leasehold and sub-leasehold as well as other minor interests.
4. Durability: Land and landed property are durable. Land has been in existence before the creation of man. While man has limited life span, land remains forever. Unlike commodities such as food items, crops and manufactured goods, land is indestructible.

 Major land uses

The principal types of use to which land is put are: residential, commercial, industrial, recreational, institutional, agricultural, transportation, mining and services.

• Residential use: This use involves the development of land into different houses for man’s accommodation Notable types of building under residential land use; are flat, bungalow, tenement (generally called face-to-face), duplex semi-detached detached condominiums, terrace houses and mansion. From the practical point of view, it is not advisable to have, or design; nor is it even possible to have a completely residential area or estate without incorporating other complementary uses such as open space, access roads, education, commercial, health and security etc. However, the proportion of those uses must conform to Town Planning regulations.
• Commercial use: Some sizeable portion of land is usually set aside for commercial uses. This is where buying and selling activities take place. Commercial uses are in different categories, ranging from local market, shopping complexes, stores, shops, offices and warehouses. The type and quantity of these in a particular neighbourhood depends on the social-economic and political status of the supporting settlement. Abuja, Lagos, Ibadan, other towns and villages across Nigeria are good examples in this regard.
• Industrial use: Land for this type of use provides spaces where manufacturing activities take place. Raw materials both natural and man-made are used to produce essential commodities. The level of industrial activities in a particular area is a reflection of technological advancement in that locality or the availability of raw material e.g. Ashaka (cements), Ajaokuta (steel or iron), Ewekoro (Limestone, etc) all in Nigeria.
• Recreational use: This is in terms of land set aside for games, sports and open spaces. It can be natural or man-made. Studio, cinema houses, zoological gardens, waterfall areas and other recreational centres are examples of this type of use.
• Institutional use: Land put into public development falls under this category of use. Land area set aside for health, education or other government establishments is said to be of institutional use.
• Agricultural use: This is in respect of land on which agrarian or farming activities take place. Land for this purpose is usually in the rural area where land value is relatively low. Planting of crops, rearing of animals and fishing constitute major agricultural activities on such lands.
• Transportation use: Land for this use provides links between all other uses and enables movement from place to place through various means. These are in the form of footpaths, roads, rail lines, airports, motor parks and seaports. Movement of goods and services take place on such portions of land.
• Mining use: This is another vital use to which land is put. Parts of land which are found to contain natural resources like petroleum, tin ore, gold, diamond, lime stone and the rest of them are technically worked upon. This is with a view to extracting the much useful mineral resources to meet some of the man’s numerous needs.
• Services: In any settlement, certain areas of land must be assigned to serve as support for the provision and supply of services. Land is needed for electricity generation, distribution and supply to consumers. It is the same for water, which conserved in dams, distributed through laying of pipes; land is also needed for the erection of water taps to serve as outlets to consumers. Land is required for telephone and waste disposal services.

Excess Land

With regard to an improved site, this is the land not needed to serve or support the existing improvement. In regard to a vacant site or a site considered as though vacant, excess land is the land not needed to accommodate the site’s primary highest and best use. Such land may have its own highest and best use or may allow for future expansion of the existing or anticipated improvement.

Trespass to Land

Any intention or negligent act of a person that directly interferes with land in the possession of another constitutes tort of trespass to land.

Trespass to land constitutes three parts:

• Entry upon such land in the possession of another
• Remaining upon such land after original permission has been withdrawn
• Placing, projecting or depositing any material upon it without lawful justification

Land includes not only the surface but also the subsoil and that part of the airspace above the land that is reasonably necessary for its enjoyment. It is trespass to bore a hole or tunnel beneath another’s land or to place an advertising signs and projects into his airspace as was the case in Kellsen V Imperial Tobacco Company order to fix electric or telephone wires and projects into his airspace without his permission.

Trespass to land is a tort and not a crime therefore one can only sue for an injunction restraining another from interfering and his land or specific performance damages.

For one to succeed in trespass, the action of defendant must be direct and intentional. In the care of Reynolds V Clarke – the defendant an erected some devise to drain away waste, unfortunately, the water drifted into the land of the adjoining owner, this is not direct and intentional and hence not trespass. In Lemmon V Webb, branches of a neighbouring tree extended into the plaintiff’s compound, it was held not to be liable. In Gregory V Piper where the defendant left some rubbish near the plaintiff’s land; and the wind blew it to the plaintiff’s land, this was held liable

Remedy for trespass

There are:

• Damages
• The person disposed by the trespass may re-enter
• An injunction can be brought against the trespasser restraining him from trespassing
• The trespasser can be outrightly ejected
• Anything found on the land arising from the trespass can be seized until compensation is paid.

Defences

• By showing clearance or letter of permission to enter.
• Necessity.