The Principle of Cuius est Solum and the Limitations of Landownership in Zambia under the Lands Act

The principle Cuius est solum, eius est usque ad coelum et ad inferos, a Latin maxim translating to "whoever owns the soil, it is theirs all the way to Heaven and all the way to Hell," suggests an absolute right of ownership over land, extending indefinitely above and below the surface. This ancient principle implies that a landowner holds complete control not just of the physical surface but also of the airspace above and the ground beneath. However, in modern legal systems, including Zambia’s, this theoretical concept has been significantly restricted by legislation, particularly the Lands Act, which outlines a more regulated and limited scope of landownership.

In Zambia, the Lands Act vests all land in the President, held in trust for the people of Zambia. This foundational principle immediately restricts the idea of absolute ownership as individuals can only hold land under leasehold tenure rather than outright ownership. Most land is granted under a 99-year lease, which allows individuals to occupy and use the land for the duration of the lease, subject to state regulations and the terms set out in the lease agreement. The President, as the custodian of all land, retains ultimate authority, and the leaseholder’s rights are conditional upon compliance with national laws and policies, challenging the notion that land rights are unlimited.

A significant portion of Zambia’s land falls under customary tenure, governed by traditional authorities such as chiefs and village headmen. While the Lands Act recognizes customary landholding, it places limitations on individual rights within such areas. Customary landowners are often restricted in their ability to sell, transfer, or mortgage land without the consent of traditional leaders. This framework ensures that land remains within communities and prevents unrestricted commercialization, demonstrating another layer of limitation on landownership. Customary tenure emphasizes communal stewardship over individual control, further diverging from the principle of Cuius est solum.

The Lands Act also permits the state to exercise the power of compulsory acquisition in cases where land is required for public purposes such as infrastructure development, public utilities, or national defense. While the law mandates that landowners receive compensation for expropriated land, the very existence of this power underscores the fact that landownership in Zambia is subject to state intervention. Landowners can be required to surrender their property if it serves the broader public interest, which directly contradicts the idea of unlimited ownership implied by Cuius est solum.

The principle’s suggestion that landowners control everything beneath the land is also limited in Zambia by laws governing natural resources. While a leaseholder may have rights to the surface land for agricultural or residential purposes, the state retains ownership of mineral resources, oil, and gas beneath the surface. The Mines and Minerals Development Act regulates the exploration and extraction of such resources, emphasizing that landownership does not grant automatic rights over valuable subterranean assets. Therefore, a landowner cannot extract minerals or other underground resources without obtaining a separate license from the state, further demonstrating the restricted nature of landownership.

Airspace rights, another implication of Cuius est solum, are also limited by Zambian law. National aviation laws regulate the use of airspace, restricting private control over areas above a certain height. Landowners cannot obstruct air traffic or construct structures that interfere with regulated airspace. This legal restriction ensures public safety and the proper functioning of air travel, again emphasizing that landownership does not extend indefinitely above the surface of the land.

Beyond these limitations, the Lands Act imposes further conditions on landownership through development obligations. Lease agreements often require landowners to develop the land within a specified period, failing which the lease may be revoked or penalties imposed. This regulation discourages land speculation, where individuals hold large tracts of land without productive use, and promotes active contribution to national development. The requirement for development ensures that land serves a public good rather than being held passively for private gain.

The principle of Cuius est solum may suggest a sweeping and absolute notion of landownership, but the Zambian Lands Act provides a structured legal framework that clearly limits these rights. Land in Zambia is held under the authority of the state, with leasehold arrangements, customary governance, compulsory acquisition powers, and restrictions on natural resources and airspace rights all acting as checks on private ownership. This legal structure reflects a modern balance between individual property rights and the collective needs of society, ensuring that land is managed as a shared national resource rather than a tool for unregulated private control. Landownership in Zambia, therefore, is not absolute but a regulated privilege, accompanied by responsibilities and limitations in the interest of national development and the greater public good.

Luyando Sianjani