Waziri Mayai Wa Maradhi
JF-Expert Member
- Jan 28, 2026
- 409
- 98
Spending millions on a building does not automatically make you the owner of the land or give you title to the structure.
Under the principle of Quicquid plantatur solo, solo cedit, whatever is attached to the soil belongs to the soil; a permanent structure is generally regarded as part of the land.
Therefore, where a person trespasses onto another’s land and builds without lawful authority, the builder cannot acquire ownership merely because they financed the construction. See the case of OGUNBIYI v. ISHOLA (1996) 6 NWLR (Pt. 452) 12 SC.
The landowner may pursue remedies including declaration of title, injunction, damages for trespass and, where appropriate, an order affecting the unauthorised structure.
However, the facts matter. Consent, licence, customary arrangements, mistake, and whether the landowner knowingly stood by during construction may affect the legal position.
The safest rule: verify title before you build. A beautiful house on disputed land can become a costly legal battle.
Stay legally informed!
Under the principle of Quicquid plantatur solo, solo cedit, whatever is attached to the soil belongs to the soil; a permanent structure is generally regarded as part of the land.
Therefore, where a person trespasses onto another’s land and builds without lawful authority, the builder cannot acquire ownership merely because they financed the construction. See the case of OGUNBIYI v. ISHOLA (1996) 6 NWLR (Pt. 452) 12 SC.
The landowner may pursue remedies including declaration of title, injunction, damages for trespass and, where appropriate, an order affecting the unauthorised structure.
However, the facts matter. Consent, licence, customary arrangements, mistake, and whether the landowner knowingly stood by during construction may affect the legal position.
The safest rule: verify title before you build. A beautiful house on disputed land can become a costly legal battle.
Stay legally informed!