The Act vested all land compromised in the territory of each state (except . land is the most precious property which an individual, government, or ruler can have. 'Thompson's Modern Land Law' is a core textbook providing students with a clear understanding of the principles of the subject. It analyzes the social context of modern land law and the policy tensions to which it gives rise. Nigeria: Maritime Claims-Practices, Procedures And Enforcements. Sample 3. Make land easily accessible to all Nigerians ii. View Land Law 1st Semester.pdf from LAW 463 at University of Nigeria. This paper examines land ownership in Nigeria. 20. In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. As it is often the poor who suffer most from the compulsory acquisition of Land acquisition means the process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses to the ownership and possession of that agency, for public purpose, in return for a compensation; Sample 1. This Agreement supersedes and replaces all obligations made in any prior Contract To Purchase or agreement for sale entered into by the parties. Thus, the transfer of possession is merely the delivery of the goods, and not the transfer of ownership. 0000000980 00000 n Possession endobj CUSTOMARY LAND TENURE SYSTEM. It enhances the principle of leasehold by which land in each state is vested in the governor of a state, to be held in trust for the benefit of Nigerians within the state. NATURE OF CUSTOMARY LAND TENURE SYSTEM. In fact, there are many instances where the court has nullified a . The effect of S. 14 of the Act is that in relation to the land itself, the holder should have exclusive rights against all persons other than the Governor. The paper argues that land ownership structure in Nigeria has evolved over the years until 1978 when a single land policy document, otherwise known as the Land Use Act of 1978 was established to harmonise and regulate land ownership in the country. Parties. Land Law in Nigeria. In such cases, the possession is illegal from the beginning and the basic inquiry centers on who has the prior possession de facto.In filing forcible entry cases, the law tells us that two allegations are . In the same way, the passage of time can bring to an end the owner's right to recover exclusive possession of a property without losing the ownership of it, as when an adverse easement for use is granted by . --Impact of the Land Use Act on petroleum operations /Momodu Kassim-Momodu(9 p.). --Land Use Act and the banking industry /Kola Oluwajana(7 p.). --Land as security after the Land Use Act : the bankers' view /M.A Adesanya(14 p.). In Nigeria, women constitute a substantial proportion of the country's farming population and provide about 60-80 % of the rural labor input, performing multiple roles for . An affidavit of ownership is a document that states the fact that an individual owns a certain property. In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used treaties to acquire territory. It may be a piece of land or real estate. Public land tenure is known to the community but does not have much impact on the way the land is being used or utilised. Customary land tenure systems in Nigeria are related to family and inheritance systems, and are based on the concept of group ownership of absolute rights in land, with individuals acquiring usufructuary rights. What Is Important to Note about Land Registration in Nigeria? The Attorney_General of Southern Nigeria (2 N.L.R. The land use act of 1978, the major land statute in Nigeria, requires that this transaction be done by the consent of the state governor in the state where the land situates. By virtue of the natural ownership of the land, the vendor, (NAME) in accordance with the overriding position of the Land Use Act 1978, now Cap 202 of the Laws of the Federation of Nigeria, 1990, is deemed the holder of the Statutory Right of Occupancy in and over all that property. 146) 578 at 595 45 sasegbon's land law pg 633 46 Oni V Arimono (1973) 3 SC 163 8 9 Possession was an important condition in the acquisition of ownership in various ways.47 For instance, the sale of land does not confer ownership on the vendor until he takes possession of such land48and customarily, the sale is . He can command his tenant to some Advocates must seek to ensure that land reforms are structured with the interests of poor majorities in mind. Trespass is a wrong against possession rather than ownership. 1 0 obj Communal Land Acquisition and Valuation for Compensation in Nigeria Sule, Abass Iyanda Department of Estate Management, Federal University of Technology Minna, Nigeria Abstract- It is debatable that the Nigerian Land Use Act of 1978 has not absolutely transferred ownership of land to the Governor of states in Nigeria. endobj Therefore, an affidavit of ownership is a document containing . 2 0 obj This guide is designed to assist technical officers in governments and civil society in understanding why and how land tenure issues should be considered in rural development projects. Private property and its ownership is a characteristic feature of a capitalist society. ownership of the goods, whereas the term 'possession of goods' Simply means the custody or physical control over the goods. Start a Free Trial Now to Save Yourself Time and Money! This is clearly stated in section 22 of the act (FRN, 1978; Okoronkwo, 2009). land administration in nigeria. 0000000633 00000 n This volume synthesizes insights from the vast literature on land policy. In effect land needed for developmental land and statutory conditions for a valid alienation of land are not new in Nigeria and can be found in the Land Tenure Law (northern Nigeria),3 the Native Lands Acquisition Act,4 and the various state land laws,5 all of which require the consent of an appropriate authority for a valid transfer of an inter-est in land. §47-10-04) Quiet possession is the "stick in the bundle" of rights that entitles the person to possess the property. RESOURCES Make land available to government at all levels for development v. Fill Out, Securely Sign, Print or Email Your How to Write Land Agreement in Nigeria Form Instantly with SignNow. Thus, a person who has possession of a land can sue in trespass even against the owner of the land if the land was leased to him. 0000001289 00000 n 19. Found inside – Page 267The white cap chiefs as heads of the land owning families held and before 1978 still continued to hold the land on ... Nigerian property laws especially customary law generally drew a distinction between rights of ownership and user ... The relation of an owner to the thing possessed; possession with the right to transfer possession to others22 Co-ownership This is whereby the right of ownership on land occurs concurrently.23 In Kenya, co-ownership exists in duos and this was derived from the English Common Law. 3. tenure. the Escrow Agent except for the Deposit remaining in its possession, claims for the Escrow Agent's own willful default hereunder. <> Ownership is proved beyond doubt by title to a property. The law actually recognizes five types of legal land ownership in Nigeria and the certificate of occupancy is just one of them. The Land Use Act 1978 Cap L5, LFN 2004, which primarily regulates land ownership in Nigeria. Buying land in Nigeria is one of the common property law transactions, which is administered by various legislations depending on the jurisdiction in Nigeria. Central to discussions on pro-poor land reform in recent years is the issue of enhancing women's rights to land and other assets as a strategy for economic empowerment and the attainment of gender equality. Available for PC, iOS and Android. Yinka Omorogbe is a lecturer in law at the Universities of Benin and Lagos, Nigeria. A study of the evolution of land tenure institutions in western Ghana shows that the gender implications of land ownership are complex and subject to change over time . Gender inequality in land access and ownership across the developing world has been widely documented. Land, it is said, is power. land in 2011. l rely on the said Litigation Survey Plan No.SEA/ED/D130/2011. 21. 0000015730 00000 n objectives of land policy. You can download the paper by clicking the button above. exchange is attained. By definition, an affidavit is "a written general statement of facts, sworn to and signed by a deponent before a notary public or some other authority having the power to witness an oath.". Enter the email address you signed up with and we'll email you a reset link. Bundle of rights—An ownership concept describing all those legal rights that attach to the ownership of real property, including the right to control, use, possess, encumber, exclude, and dispose (sell, lease, or will),and enjoy the property. land policies. Dr Holcombe explores the story of the reform campaign in the context of its time, giving particular attention to the many important men and women who worked for reform and to the debates on the subject which contributed greatly to the ... land use act 2004 nigeria pdf. It is because of the importance of land that we have land disputes in many parts of this country, and many parts of the world. The assumptions are: 10 % of land area are in forest reserves: Thèse are true of rhe whole country and are taken as generalized basis for calculating states readily availablearable land which comprises 34.8 % under arable crops and permanent crops and 40.5 as area that could . Title to land refers to ownership of a land and documentary evidence of same. Determining integral, look at: a) Perspective of people The Lack of exclusive possession is also an impediment in ownership of land in Nigeria. ancestral possession and inheritance. To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser. effect of statutory law on customary land tenure system in nigeria. If there is a dispute over a property with two people claiming ownership while one of them has the physical possession of the land, the court decides in favor of the person who has the title deed in his favor. Both Roman and common law also give some recognition to the notion of "possession.". Five different methods are recognised for discharging this responsibility and they are:-Proof of ownership to land by traditional evidence, i.e. 4 0 obj history of land law in nigeria. 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. Prevent speculative purchases of communal land iii. 1. Ownership of land in the country is a serious issue, it is even a fundamental right as provided for in Section 43 6 which provides for the right to acquire and own immovable property anywhere in Nigeria, and section 44 talks about compulsory acquisition of property. All the known customary systems of land tenure in Nigeria make a clear distinction between the ownership of land and the ownership of things either attached to or built on it or otherwise growing on . 0k�ڭ3N�E���-�����`���R܁H�7��L�o�!���� r�E�����Ȣ ��Ru���M�^e|�d��k�Ϝ,b�FQ�! trailer<<3b24525dc0c7d7a9c00c5ae28881d2a5>] >> startxref 0 %%EOF 88 0 obj <> endobj 98 0 obj<. The legal responsibility of establishing ownership to land in Nigeria is placed on the party who alleges that such a piece of property belongs to him or her. 2008). stream affected to a large degree by rules governing possession of land. The Land Use Act was therefore designed to achieve the following objectives (Salami, 2014); i. Despite early documentation of land ownership in Nigeria and Cameroons (Meek 1957), it has been difficult to uncover detailed data on the impact of recent legislation on actual rules and practices in the use, management and ownership of land in the moist forest and forest-savannah zones of Nigeria and Cameroon. Chapter 5 describes the appeals mechanisms which people can use to challenge the purpose of the project, the procedures used, and the amount of compensation offered. Customary land . compensation, and the taking of possession of the land by the government. This study, in nineteen chapters, deals with the various issues pertaining to land law in Nigeria. QUICQUID CASES Francis v. . 3 0 obj Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity. The main difference between ownership and possession is that possession is having physical custody or control of an object whereas ownership is a right by which something belongs to someone. This book includes some of the latest theoretical work on the dynamics of access, property and authority. 55 Okunniga, A.A: The Land Use Act and Private Ownership of Land In Nigeria in the proceedings of the 17 th Annual Conference of The Nigerian Association of Law Teachers p 228. x��Y[O\7~_i���R����Q�[(�l�*�D �HѾ��g|`���3�iYUHK���3�|��v�_/������bqy�����b6��e6����������rq�p�����SO')k���렼�9(�I��z:9�I�O'�R�5�v����U�i����tb����������tb�M�8�N.������������cI{��٬1k��;߰1�ڧqc�R���b�����ב�禍9Љͧ��=�s��g{9j�����܊����+�$�gʼO������ ��L �̝_l�oښ��a�7`-hd*���M[�����m_i-% �_V3�g�h�Ƃf�u�Ƽ1:��0u�aO͘����X e�;C��ƕN�?I�q�������1+OI�h� w��R�xK�2o 2�4����@rO�?�����+��X����+eČ������酐���!� �h�I�t9"���)4D�J�����Kl��ʝ��XШ�)��]�\G���>�(�#�`���K%oB� h��(Q[UDe�%JRC �'(Q�J@�5 -tIN��.b%l��v70?�6�Q���������Nߔ�~�:�W}��W����Ĝ;�w��� �d)�ֲ��l��� �K�� �g 0000015639 00000 n Customary law partly acknowledges this concept, yet the owner of the fixture may . Communal Land Acquisition and Valuation for Compensation in Nigeria Sule, Abass Iyanda Department of Estate Management, Federal University of Technology Minna, Nigeria Abstract- It is debatable that the Nigerian Land Use Act of 1978 has not absolutely transferred ownership of land to the Governor of states in Nigeria. Make land available to government at all levels for development v. No. The Land Use Act has not been destroyed but redefined the concept of land ownership. This is the first time that a global, baseline status report on land and water resources has been made. ("hereinafter called the "Lessor" which expression shall where the context That is to say, a landlord has a lot power over his land. They include: Quoted with . This book will be of interest to teachers, researchers, government planners, climate change scientists, capacity builders, and policymakers. IS THERE ANY DIFFERENCE BETWEEN THE COMMON LAW CONCEPT OF LAND AND ITS OWNEERSHIP AND THOSE OF CUSTOMARY LAW IN NIGERIA, FAMILY HEAD VERSUS FAMILY MEMBERS: LEGAL ISSUES IN MANAGEMENT OF FAMILY LAND UNDER YORUBA CUSTOMARY LAW, BAZE UNIVERSITY, ABUJA FACULTY OF LAW COURSE CODE: LAW 401 COURSE TITLE: LAND LAW I, CUSTOMARY LAND LAW UNDER A GOVERNMENT CONTROLLED LAND TENURE SYSTEM AMONG THE YORUBA OF SOUTH WESTERN NIGERIA CUSTOMARY LAND LAW UNDER A GOVERNMENT CONTROLLED LAND TENURE SYSTEM AMONG THE YORUBA OF SOUTH WESTERN NIGERIA, CUSTOMARY LAND AND REAL ESTATE OWNERSHIP IN NIGERIA: AN APPRAISAL. Ongoing landscape transformation worldwide has raised global concerns and there is a need to rethink landscaping to protect the environment. This is especially true for previously developed sites, currently abandoned or underused. The theory of "ownership-in-place" was first adopted in the U.S. state of Texas in respect of ownership of oil and gas, "that a landowner owns a corporeal possessory interest (similar to a fee simple) in the substances beneath his land, but his ownership is a determinable fee subject to the That it is not true that the Defendant has been in possession of the land in dispute since 1977. "ITC dissertation number 184"--verso of T.p. VOLUME LEASE/ BRANDING AGREEME NI This Lease Agreement is made this 24th day of November 2020 BETWEEN A.A. MBAMBA PETROLEUM NIGERIA LTD, a company incorporated under the Laws of the Federal Republic of Nigeria and having its registered office at Plot 2A Bajabure Industries Layout, Jimeta- Yola, Adamawa State. Streamline and simplify the management and ownership of land iv. He took possession of the land immediately. Tenure means landholding. The general principle governing land-tenure is that land is common property of the tribe Similarly, one who has legal title to something is an owner. M. G. Yakubu. Since ownership is a matter of rights, the question of who "owns" something is necessarily a question about legal rules. Apart from the Land Use Act and the Capital Gains Tax Act that are federal enactment regulating real estate practice in Nigeria, almost other laws governing real estate practice in Nigeria are state laws— which differ from one state to the other. Sample 2. Act law and custom lease London marriage matter means ment mortgage Moslem native law natural Northern Nigeria obtained officer owner ownership parties person political position possession practice premises principle problem provision reasons reform regard registration regulations relating . 2.2 Co-ownership 2.3 Statutory land use 2.4 Limitations on ownership 2.5 Original acquisition of ownership 2.6 Derivative acquisition of ownership 2.7 Protection of ownership 2.8 Termination of ownership 3 Possession and Holdership 3.1 Introduction to possession and holdership 3.2 Acquisition of possession and holdership Prevent speculative purchases of communal land iii. 0000004215 00000 n Verification of Land Ownership and Availability Always insist on seeing the original copies of the aforementioned documents before buying land in Nigeria. 0000008503 00000 n The Land Use Act was therefore designed to achieve the following objectives (Salami, 2014); i. Sorry, preview is currently unavailable. Also, during that period, the owner cannot sue in trespass concerning that land. Nigeria, the various legislations enacted affecting land in Nigeria and attempts at reforming the customary law in Nigeria. What Is an Affidavit of Ownership? This can include both residential and commercial land transactions. Only those indicating possession will be transferred into title (Marshall / Bernard) 4. 77), decided by the Supreme Court of the Colony in 1912, Chief Justice Osborne laid down as regards the effect of the Cession of 1861, that he was of opinion that" the ownership rights of private landowners, including the families of the Idejos, were left entirely unimpaired, and as freely . But what exactly is it, and why does it still matter? This book, first published in 2006, is about the meaning, significance and practical effect of the concept of possession in contemporary land law. Therefore, the holder does not have exclusive possession of the land he occupies. There is forcible entry or desahucio when one is deprived of physical possession of land or building by means of force, intimidation, threat, strategy or stealth. Possession of a thing for long enough can become ownership by termination of the previous owner's right of possession and ownership rights. The paper argues that land ownership structure in Nigeria has evolved over the years until 1978 when a single land policy document, otherwise known as the Land Use Act of 1978 was established to . Quiet Possession (no one has a better right to possess the land) and a promise to defend the buyer's right to possess the land (N.D.C.C. The concept of 'he who owns the land owns everything permanently attached to it' takes ownership of fixture away from the possessor and confers it on the owner of the land. %PDF-1.5 endobj This tenure confers the greatest interest in land called absolute right of ownership or possession of land for an indefinite period of time, or in perpetuity. TS09H - Innovative Technology in Land Administration, 5548 Olewala Ojikutu, Rohan Bennett, and Liza Groenendijk An assessment of land acquisition in Nigeria FIG Working Week 2012 Knowing to manage the territory, protect the environment, evaluate the cultural heritage Rome, Italy, 6-10 May 2012 1/10 An assessment of land acquisition in Nigeria In pre-colonial societies of Nigeria the social and economic organisation of society centred around communal ownership of land by kinship groups. Under Nigerian land law, the person claiming ownership through adverse possession must show that his possession is continuous, hostile, open, actual, exclusive and uninterrupted for the statutory period.4 5.0 THE LIMITATION PERIOD: It is crucial to know how long a squatter may be in adverse possession before the owner is Don't make yourself an easy target for a scam. This book is an in-depth empirical study of four Asian and African attempts to create democratic, decentralised local governments in the late 1980s and 1990s. There are several methods by which land can be transferred in Nigeria. Such a society thrives on private ownership of the means of production. Conveyancing, as it is known, is the process by which ownership of land is transferred between a seller and a buyer. 1.1] Litigation in our Courts in Nigeria today is known to be long-winding and it is not uncommon for cases to remain in Courts of first instance for 5years while the pursuit of a case up to the Supreme Court may take a period of about 10years. Nigeria Second National Development Plan 1970-74, Lagos, 1970, p. 62. This is the system of landholding indigenous to Nigeria. The next question here is, what constitutes legal ownership of land in Nigeria for the purpose of acquiring land for business and residency. 0000015542 00000 n land management in nigeria. 142676 "x x x. Nigeria is the country with the highest population in Africa, 151 million representing 250 ethnic groups as of 2008. upon any land in Nigeria, its contiguous continental shelf ood all rivers, streams and.water' courses.through out Nigeria, any area covered: by its,.territQri~l.waters or constituency and the Exclusive Economic Zone isand shall be vested inthe Government of the Federation for and on behalf of,~hep~ople o~Nig~ria. Introduction Real estate practice in Nigeria is governed by a number of laws both at the Federal and State Levels. Section 5 (1)(a) of the Land Use Act empowers the Governor of a state in respect of land whether or not in an urban Area to grant of occupancy to any person for all purposes. In the case of Chiade V. Aggo 7, the Court held that by section 44 (1) of the . Individual right is limited to […] Adverse possession Swedish law recognizes ownership by 'adverse possession' of land under Chapter 16 of the Real Property Code once a person other than the rightful owner has been registered as an owner in the land register or 'lagfart'. The Supreme Court of Nigeria in the case of Idudun v Okumgba (1976) 9-10 5C 227 held that there are four ways to prove ownership of land in Nigeria. This study, in nineteen chapters, deals with the various issues pertaining to land law in Nigeria. Therefore, for a better understanding of the nature of customary water law rights, it is necessary to provide a brief description of the basic customary land tenure rules in Nigeria. In the case of Chiade V. Aggo 7, the Court held that by section 44 (1) of the . 20 of 2007, Exclusive Economic Zone Act, 1978 Cap E17 Laws of the Federation of Nigeria, 2004 and Land Use Act, Cap L5 Laws of the Federation of Nigeria, 2004. ownership and possession of land in nigeria. Some of these methods include the followings: 1. In the case of Oguche vs Iliasu, it was held that possession in this . 0000001021 00000 n Freehold land is governed by the Registered Land Act (RLA) Cap 300 of the Laws of Kenya. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 594.96 842.04] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> (1) was on the date of the death in possession of the land or, in the case of a rent- charge created by will or taking effect on the death, in possession of the land charged; and (2) was the last person entitled to the land to be in possession of it; the right of action will be deemed to have accrued on the date of the death. Nigeria's agricultural sector is one of the major sectors contributing to the economy as it creates jobs for more than 50% of the rural population. Ownership of land in Nigeria has risen in recent times to be a subject of scholarship. The ownership of the goods may pass with or without the transfer of possession. Nigeria Land Reform. Ownership of land in the country is a serious issue, it is even a fundamental right as provided for in Section 43 6 which provides for the right to acquire and own immovable property anywhere in Nigeria, and section 44 talks about compulsory acquisition of property. 0000015820 00000 n (4) By acts of long possession, and (5) By probable that the owner of such land, would, in addition, be the owner of the land in . %���� Namely: Concept of ownership; ownership and communal land holding under customary land tenure; individual land ownership; family land ownership; alienation under customary law; nature of customary tenancy; pledge; the law of property; an overview of the effect of the Land Use Act on customary . This is the foremost and most widely recognized statutory law guiding, regulating and governing all matters relating to land/property ownership and transactions in Nigeria. It is important for every land purchaser to understand that having a good title to land (what in layman terms is "ownership of land") goes beyond merely paying money to buy a piece of land from a vendor and signing an "Agreement" expressed as an "Irrevocable Power of .
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