THE RELEVANCY AND APPLICABILITY OF THE DOCTRINES QUICQUID PLANTATUR SOLO SOLO CEDIT AND CIUS EST SOLUM IN LAND LAW REGIME IN TANZANIA

Abstract

Tanzania appliescommon law principles on land matters. Among the common law land principles which are applicable includes the doctrines Quicquid plantatur solo solo cedit and cius est solum eius est usque ad coelum et ad inferas. Quicquid Plantatur solo solo cedit means whatever is attached to the ground becomes part of the land. The land includes the soil, things naturally growing over the land, buildings, and all other things permanently attached to the building. However, in Tanzania the principle is tied up with some exceptions of the things which do not form part of the land. The things that are excluded to form part of the land are minerals, oil, gas, flora and fauna as well as water. Thus, the application of the doctrine is limited by the laws. Cius est solum doctrine means that whoever owns land own it from the heaven and down to hell. In Tanzania you cannot own land from the heaven down to the hell. In this paper the two doctrines are clearly elaborated and articulated. The observations are made specifically on the application of the two doctrines in line with Tanzanian land laws. The purpose is to analyze whether one who occupies land in Tanzania occupies all things attached to land. Not only that, but also this paper gives an analysis as to whether the person occupying land in Tanzania can claim to be his or hers to the heaven and down to hell. The paper beheld at the relevancy and applicability of the two doctrines in Tanzania. Lastly, the paper examines the challenges on the applicability of the two doctrines that is Quicquid Plantatur solo solo cedit and cius est solum eius est asque ad coelum et ad inferas.