NG Bar Prop Law key terms

A system of land holding governed by the customary law of a community, under which rights to use and occupy land are held by families, communities or individuals according to local tradition rather than by statutory grant.

Land holding under English-derived law, created by grant, conveyance, lease or statutory allocation, and evidenced by documents rather than by community custom; it includes statutory rights of occupancy and freehold titles granted before the Land Use Act.

Land owned corporately by the members of a family under customary law, held in trust for all members by the family head and principal members, and which cannot be alienated without the consent of the family.

The person recognised under customary law as the manager and trustee of family land, who receives rents, defends the family title and joins with the principal members in any valid alienation of family property.

The senior adult members of a family whose concurrence with the family head is required for a valid sale, lease or mortgage of family land under customary law.

The transfer of legal ownership of all land in a state to the Governor under the Land Use Act, who then holds it in trust and administers it for the benefit of all Nigerians.

Federal legislation that nationalised land ownership in Nigeria, vesting all land in state Governors, creating rights of occupancy, and setting out rules on allocation, revocation, compensation and development control.

A right of occupancy granted by the Governor over land in urban areas or otherwise under the Act, evidenced by a certificate of occupancy and capable of being revoked only on specified statutory grounds.

A right of occupancy granted by a Local Government over land in a non-urban area, conferring lawful use and occupation of land in accordance with customary law and subject to the Act's conditions.

The official document issued by the Governor or Local Government as evidence that the holder has a right of occupancy over the land described in it, stating the term, conditions and any encumbrances.

The compulsory withdrawal of a right of occupancy by the Governor, which is lawful only where the land is required for public purposes, for mining, or where the holder breaches the conditions of the grant.

The payment made to a holder whose right of occupancy is revoked, covering the value of unexhausted improvements and, where applicable, the value of the land and resettlement costs.

A written instrument that is signed, sealed and delivered by the parties, by which an interest in land is created, transferred or declared, and which is the principal document used in conveyancing.

The act of transferring an interest in land from one person to another, and also the document by which that transfer is effected, such as a deed of assignment or a deed of lease.

The formal completion of a deed by the parties signing it in the presence of witnesses, which gives the instrument legal effect as their act and deed.

The witnessing of the signature of a party to a deed by one or more competent witnesses, who sign to confirm that the party executed the document in their presence.

The affixing of stamp duty to an instrument, assessed by reference to its consideration or value, which is a condition precedent to the admissibility of the document in evidence.

The recording of a deed in the appropriate land registry, which under Nigerian law is generally required for the document to be admissible in evidence and which affects priority between competing interests.

The document or event from which a vendor's title is traced, such as a certificate of occupancy or a conveyance, and which must itself be valid and show a good title in the vendor's predecessor.

A title that is free from defects, is marketable and can be forced on a buyer, being one that a prudent purchaser advised by a competent solicitor would accept without objection.

The examination of documents and enquiries made by a purchaser's solicitor to establish that the vendor has a good title and that no adverse interests, encumbrances or claims affect the land.

A chronological summary of the documents and events affecting the title to land, prepared by the vendor and delivered to the purchaser as the basis for investigating the title.

Co-ownership in which each co-owner holds an undivided share of the whole, with the right of survivorship operating so that on the death of one owner the interest passes to the survivors.

Co-ownership in which each owner holds a distinct, undivided share of the property, which may be unequal, and which passes to that owner's estate on death rather than to the other co-owners.

The conversion of a joint tenancy into a tenancy in common, which may occur by act of a party, by mutual agreement, by alienation of a share or by operation of law.

The division of co-owned or family land into separate portions allotted to the individual owners, ending the co-ownership and giving each owner a distinct parcel.

A grant of exclusive possession of land for a fixed or determinable term, usually in consideration of rent, which creates an estate that binds third parties and may be registered.

A lesser leasehold interest, often periodic or of short duration, under which a tenant occupies land on terms as to rent and notice, including tenancies at will and periodic tenancies.

A personal permission to enter or use land that does not create an interest in the land, is generally revocable, and does not bind a purchaser from the licensor.

A security interest created by a deed over land, under which the land may be sold on default to satisfy a debt, the mortgagor retaining an equity of redemption until the property is sold.

A security interest over land that gives the chargee a right to enforce against the property on default, without necessarily transferring any estate to the chargee as a mortgage does.

The right of a mortgagor to repay the secured debt and recover unencumbered title to the land, which cannot be clogged or fettered by terms in the mortgage deed.

A right enjoyed by one landowner over land of another, such as a right of way or of drainage, which must accommodate the dominant land and cannot exist independently of it.

A promise in a deed restricting the use of land, which may run with the land in equity and be enforced by and against successors in title who have notice of it.

The rules determining which of two or more competing interests in the same land prevails, generally turning on registration, notice and the order in which interests were created.

Registrable encumbrances and interests affecting land, such as mortgages, restrictive covenants and charges, which are recorded in the land registry so as to bind purchasers.

The statutory power of the state to take land from its owner for a public purpose, subject to compliance with statutory procedure and the payment of compensation to those affected.

The provision of alternative land, housing or facilities to persons displaced by compulsory acquisition, forming part of the state's obligation to those whose land has been taken.