Property Law: Land Use Act, Rights of Occupancy and Alienation
Property Law tests Nigerian land law: the Land Use Act 1978, rights of occupancy, alienation, registration and customary family land. Questions often turn on whether a transaction is valid, not merely whether the parties intended it to be.
Land Use Act basics
All land in a state is vested in the Governor, who holds it in trust for the people. The Act creates statutory rights of occupancy, granted by the Governor, and customary rights of occupancy, granted by the Local Government. A certificate of occupancy is evidence of title; it is not the title itself.
Alienation and consent
A holder of a statutory right of occupancy cannot alienate by assignment, mortgage, sublease or transfer of possession without the Governor's consent first had and obtained (s. 22). A transaction in breach is void (s. 26). A customary right of occupancy requires the consent of the Local Government before alienation. Registration of an instrument does not cure the absence of consent.
Conveyancing and family land
A sale of land should move from contract to deed of assignment, with Governor's consent, stamp duty and registration. For family land, the principal members must consent; a sale by a stranger or by a single member without authority is void. A deed of gift requires no consideration but must be properly executed.
Worked example
O sells a plot to P under a deed of assignment. O holds a statutory right of occupancy, but neither party obtains the Governor's consent. P pays the price, takes possession and registers the deed. Registration does not validate the transaction. Because s. 22 consent was not first had, the assignment is void under s. 26, and P's remedy lies in restitution for the price paid, not in specific performance or a declaration of title. P cannot rely on possession to defeat the statutory requirement.
Traps
Do not treat the certificate of occupancy as conclusive proof; do not confuse registration with consent; do not apply the Land Use Act to family land without checking customary law; and remember that a deed of assignment is not a contract of sale.