11 Jan

LAND LAW 1.1. GENERAL INTRODUCTION AND CONCEPTS

LAND LAW I[1] For this course, you MUST read Professor I.O Smith’s Practical Approach to Law of Real Property in Nigeria. 2013. A CURSORY INTRODUCTION THROUGH THE CONCEPT OF PROPERTY. At common-law, property was classified into “real” and “personal”. :: Property is real where a dispossessed owner shall be restored with the property itself. It […]

11 Jan

LAND LAW 1.2 HISTORY AND NATURE OF SOME LAND RIGHTS

BRIEF HISTORY OF THE NIGERIAN LAND TENURE SYSTEM. In the beginning, man existed in the state of grace. Where power was might. Land was acquired by first settlement, conquests and territorial incursions. The pre-colonial land tenure system comprised of sovereign independent kingdoms and emirates with their unique system of administration (largely communal in nature)-AG Federation […]

11 Jan

LAND LAW 1.3 CUSTOMARY LAND TENURE SYSTEM IN NIGERIA

CUSTOMARY LAND TENURE SYSTEM. This is the system of landholding indigenous to Nigeria. NATURE OF CUSTOMARY LAND TENURE SYSTEM. At customary Law, ownership of land is generally vested in the village, community or family with the head holding it for the use of the whole village, community or family respectively. Individual right is limited to […]

11 Jan

LAND LAW 1.4 CUSTOMARY LAND TRANSACTIONS

CUSTOMARY LAND TRANSACTIONS. Initially, land was preserved for cultivation, hunting and grazing. Upon contact with the West… colonialism… cession of Lagos in 1861… Commerce and trade boomed. This was facilitated by communication, transportation and industrialization. As the population grew, so did the demand for land. Various transactions arose therefrom like lease, pledge, loan and so […]

11 Jan

LAND LAW 1.5 SOME EFFECTS OF THE LAND USE ACT

THE EFFECT OF THE LAND USE ACT ON CUSTOMARY LAND TENURE. Section 1 of the LUA introduced a sweeping transformation by converting hitherto existing unlimited interests over land to right of occupancy. Does customary land tenure system still exist? Various land transactions like customary pledge, tenancy, and family property are preserved by Section 34(4), 35 […]

11 Jan

LAND LAW 1.6 THE LAND USE ACT (SOME PROVISIONS)

The cession of Lagos in 1861, trade and development coupled with population boom led to the increase in demand for land. Land became scarce and unavailable for industrial, agricultural and public purposes. Land became expensive and was held for commercial purposes rather than for development. The Land Tenure Law was enacted in the North to […]

11 Jan

LAND LAW 1.7 THE CERTIFICATE OF OCCUPANCY

THE CERTIFICATE OF OCCUPANCY. You should note that the certificate of occupancy is different from the Right of Occupancy. The Certificate merely evidences the right of occupancy. The Certificate of Occupancy does not confer title- Adetokunbo Ademola V Amao. It is only evidence which raises the presumption of title. It cannot cure a defective title-Ogunleye […]

11 Jan

LAND LAW 1.8 THE RIGHT OF OCCUPANCY

ALIENATION OF RIGHT OF OCCUPANCY. Section 21 and 22 LUA prohibit alienation of customary or statutory right of occupancy (respectively) without the requisite consent of the governor. :: Note however that such consent shall not be required where: A prior equitable mortgage of the land had been created with the consent of the governor. In […]