I85PREP
⌘ K
NG Bar Prop Law study materials
NG Bar Prop Law study resources

NG Bar Prop Law practice questions

One question at a time. Build your NG Bar Prop Law understanding.

First 50 of 199 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Land tenure system in Nigeria: customary, statutory and non-customary tenure

Under Nigerian law, which instrument is the principal statute governing the tenure, ownership and transfer of interests in land in the southern states?

  1. The Stamp Duties Act
  2. The Wills Act 1837
  3. The Land Use Act 1978 Correct answer.
  4. The Land Registration Act 1925

Explanation

The Land Use Act 1978 is the principal federal statute restructuring land tenure in Nigeria; it vests all land in the territory of each state in the Governor in trust for the people. It applies throughout the federation, though its practical operation is most developed in the southern states where no earlier statutory tenure system applied.

Question 2Land tenure system in Nigeria: customary, statutory and non-customary tenure

Before the Land Use Act 1978, land in the former Northern Region was administered largely under which framework?

  1. The Land and Native Rights Act 1916 and its successor legislation Correct answer.
  2. The Wills Act 1837
  3. The English Settled Land Act 1882
  4. The Conveyancing Act 1881

Explanation

In the Northern Provinces, land was controlled by the Governor under the Land and Native Rights Act 1916, later replaced by the Land Tenure Law of Northern Nigeria 1962, which vested control of land in the Governor. This northern model of public control strongly influenced the drafting of the Land Use Act.

Question 3Land tenure system in Nigeria: customary, statutory and non-customary tenure

Which of the following best describes customary tenure in Nigeria?

  1. A system of rights derived from and regulated by the customs of a community, often held communally or by families Correct answer.
  2. A title held directly from the federal government under a certificate of occupancy
  3. Individual freehold title evidenced by a registered deed
  4. A statutory leasehold granted by the Governor for a fixed term of years

Explanation

Customary tenure is a body of rights and obligations rooted in the customary law of a community, typically characterised by communal or family ownership, with members holding use rights. It is not evidenced by a registered deed and is not granted by the Governor.

Question 4Land tenure system in Nigeria: customary, statutory and non-customary tenure

Under the Land Use Act, in whom is all land comprised in the territory of each state vested?

  1. In the Governor of the state, to be held in trust for the use and common benefit of all Nigerians Correct answer.
  2. In the Federal Government absolutely
  3. In the community occupying the land
  4. In the local government council of the area

Explanation

Section 1 of the Land Use Act vests all land in the territory of each state in the Governor, who holds it in trust for the use and common benefit of all Nigerians. This is the foundational rule of the statutory tenure system.

Question 5Land tenure system in Nigeria: customary, statutory and non-customary tenure

A family in a southern Nigerian community has occupied and farmed land for generations under the customary law of the area. Which type of tenure best describes the family's holding?

  1. A customary right of occupancy Correct answer.
  2. A leasehold granted by the Governor
  3. A freehold estate held in fee simple
  4. A statutory right of occupancy

Explanation

Occupation and use of land in accordance with customary law constitutes a customary right of occupancy, which the Land Use Act expressly preserves. It is not a statutory grant and does not amount to an English freehold estate.

Question 6Land tenure system in Nigeria: customary, statutory and non-customary tenure

Which of the following is a recognised mode of acquiring title to land under customary law in Nigeria?

  1. First settlement or clearing of virgin land Correct answer.
  2. Obtaining a mortgage from a bank
  3. Grant of a certificate of occupancy
  4. Registration of a deed of assignment

Explanation

Customary law recognises several modes of acquiring land, including first settlement on virgin land, inheritance, gift, purchase and, historically, conquest. Registration, certificates of occupancy and mortgages are statutory or transactional concepts, not customary modes of original acquisition.

Question 7Land tenure system in Nigeria: customary, statutory and non-customary tenure

Under customary tenure, the radical or allodial title to community land is generally vested in which body?

  1. The Governor of the state
  2. The individual member who first cultivated the land
  3. The community as a whole, represented by its traditional authorities Correct answer.
  4. The family head personally

Explanation

In communal customary tenure, radical title belongs to the community as a whole, while individuals and families hold lesser use rights. The family head or first cultivator manages or enjoys rights but does not own the radical title personally.

Question 8Land tenure system in Nigeria: customary, statutory and non-customary tenure

What is the maximum term of a statutory right of occupancy granted by a state Governor under the Land Use Act?

  1. Perpetual, subject to the terms of the grant
  2. 99 years Correct answer.
  3. 50 years
  4. 25 years

Explanation

Section 8 of the Land Use Act provides that a statutory right of occupancy may be granted for a defined term, and the customary practice is a maximum of 99 years. It is not perpetual, since all land is vested in the Governor.

Question 9Land tenure system in Nigeria: customary, statutory and non-customary tenure

Which of the following interests is expressly preserved by the Land Use Act notwithstanding the vesting of land in the Governor?

  1. A title by adverse possession against the Governor
  2. A right of occupancy held under customary law Correct answer.
  3. A freehold estate in fee simple
  4. A fee tail estate

Explanation

The Land Use Act saves customary rights of occupancy and other existing rights lawfully held at the commencement of the Act. Freehold estates and fee tail are English estates inconsistent with the statutory vesting scheme.

Question 10Land tenure system in Nigeria: customary, statutory and non-customary tenure

A holder of a customary right of occupancy wishes to transfer his interest voluntarily to a person outside his community. Which authority's approval does section 21 of the Land Use Act require?

  1. The consent of the local government only Correct answer.
  2. Nothing, because customary rights are freely alienable
  3. The consent of the Governor must first be obtained
  4. Approval of the family head alone

Explanation

Section 21(b) of the Land Use Act requires approval of the appropriate local government for ordinary voluntary alienation of a customary right of occupancy. The transferee's being outside the community does not by itself require Governor's consent. Applicable customary or community requirements may also need to be satisfied.

Question 11Land tenure system in Nigeria: customary, statutory and non-customary tenure

Which of the following distinguishes a non-customary (English-derived) tenure from customary tenure in Nigeria?

  1. Non-customary tenure can only be held by families
  2. Non-customary tenure cannot be devised by will
  3. Non-customary tenure is held at the pleasure of the community
  4. Non-customary tenure is based on formal documentary title and defined estates such as freehold and leasehold Correct answer.

Explanation

Non-customary tenure derives from English common law and statutes of general application, and is characterised by formal documentation and defined estates such as fee simple and leasehold. Customary tenure rests on community custom and is typically communal or family based.

Question 12Land tenure system in Nigeria: customary, statutory and non-customary tenure

The doctrine of 'family property' under customary law in southern Nigeria is best described as which of the following?

  1. Property held under a registered lease for 99 years
  2. Property vested in a family as a corporate group, held for the benefit of all members and devolving by customary succession Correct answer.
  3. Property owned by an individual absolutely and devolving under his will
  4. Property vested in the state government

Explanation

Family property is owned by the family as a corporate entity, managed by the family head for the benefit of members, and devolves by customary rules of succession rather than by the will of a single owner. Individual members have rights of occupation and use, not absolute ownership.

Question 13Land tenure system in Nigeria: customary, statutory and non-customary tenure

A family head purports to sell family land without the consent of the principal members of the family. What is the legal effect of the transaction under customary law?

  1. The sale is voidable at the instance of the purchaser only
  2. The sale is void, and the family may recover the land Correct answer.
  3. The sale is valid because the family head has absolute authority
  4. The sale is valid but only for the lifetime of the family head

Explanation

Under customary law the family head requires the concurrence of the principal members to alienate family land; a sale made without that consent is void, and the family can recover the land. The family head's authority is one of management, not absolute disposition.

Question 14Land tenure system in Nigeria: customary, statutory and non-customary tenure

Which statutory instrument replaced the Land and Native Rights Act in Northern Nigeria shortly before the Land Use Act was enacted?

  1. The Land Tenure Law of Northern Nigeria 1962 Correct answer.
  2. The Conveyancing Act 1881
  3. The Public Lands Act 1912
  4. The Land Registration Act 1925

Explanation

The Land Tenure Law 1962 of Northern Nigeria replaced the Land and Native Rights Act 1916 and continued the system of gubernatorial control over land. Its concepts, including the 'right of occupancy', were carried into the Land Use Act.

Question 15Land tenure system in Nigeria: customary, statutory and non-customary tenure

Under the Land Use Act, a customary right of occupancy in an urban area may be granted by which authority?

  1. The local government, with respect to land in non-urban areas within its jurisdiction Correct answer.
  2. The community's traditional ruler
  3. The Governor only
  4. The federal Minister of Lands

Explanation

Section 6 of the Land Use Act empowers local governments to grant customary rights of occupancy over land in their areas that is not in an urban area. Urban land falls within the Governor's grant powers.

Question 16Land tenure system in Nigeria: customary, statutory and non-customary tenure

Which of the following statements about the effect of the Land Use Act on existing freehold titles in southern Nigeria is accurate?

  1. Existing freeholds were extinguished without compensation
  2. Existing freeholds were converted into rights of occupancy Correct answer.
  3. Existing freeholds were automatically converted into leases of 999 years
  4. Existing freeholds were left entirely unaffected

Explanation

The Land Use Act extinguished freehold estates and converted them into rights of occupancy, with the holders treated as grantees under the Act. Provision was made for certificates of occupancy to evidence the converted interests.

Question 17Land tenure system in Nigeria: customary, statutory and non-customary tenure

What is the significance of a certificate of occupancy under the Land Use Act?

  1. It creates a new freehold estate
  2. It is evidence of a right of occupancy granted or deemed granted under the Act Correct answer.
  3. It transfers radical title from the Governor to the holder
  4. It extinguishes all customary rights over the land

Explanation

A certificate of occupancy is documentary evidence of a statutory or customary right of occupancy; it does not create a freehold or transfer radical title. Radical title remains vested in the Governor.

Question 18Land tenure system in Nigeria: customary, statutory and non-customary tenure

Under customary law, which of the following best explains the principle of 'communal ownership' of land?

  1. Land is owned by individual families absolutely without community control
  2. Land is owned by the state government on behalf of the community
  3. Land is owned by the community, and members have rights of use and occupation subject to community control Correct answer.
  4. Land is owned by the eldest male member of the community

Explanation

Communal ownership means radical title rests with the community, while members enjoy use and occupation rights regulated by custom and community authorities. No single individual owns the land absolutely.

Question 19Land tenure system in Nigeria: customary, statutory and non-customary tenure

A purchaser buys land from an individual who holds a customary right of occupancy, paying the price and taking possession, but no Governor's consent is obtained. What is the status of the transaction?

  1. Valid, because customary transfers do not require formalities
  2. Voidable at the option of the purchaser
  3. Void, because the statutory consent requirement was not satisfied Correct answer.
  4. Valid, provided the purchaser takes possession for twelve months

Explanation

Section 36 of the Land Use Act renders an alienation of a customary right of occupancy without the Governor's consent void. Payment and possession cannot cure the absence of the required statutory consent.

Question 20Land tenure system in Nigeria: customary, statutory and non-customary tenure

Which of the following is a characteristic of statutory tenure under the Land Use Act?

  1. Title is governed exclusively by customary law
  2. Title is held in perpetuity free of state control
  3. Title derives from a grant by the Governor or local government and is subject to statutory conditions Correct answer.
  4. Title is acquired only by first settlement

Explanation

Statutory tenure arises from a grant by a competent authority under the Act and is subject to conditions such as payment of rent and development obligations. It is not perpetual freehold and does not derive from first settlement.

Question 21Land tenure system in Nigeria: customary, statutory and non-customary tenure

What is the position of Nigerian case law on whether a holder of a customary right of occupancy can maintain an action in trespass against a stranger?

  1. He cannot sue because radical title is in the Governor
  2. He can sue because he has a possessory interest recognised by law Correct answer.
  3. He can sue only with the Governor's written authority
  4. He can sue only after obtaining a certificate of occupancy

Explanation

A customary right of occupancy confers a possessory interest that the courts protect; the holder may sue trespassers without joining the Governor. The vesting of radical title in the Governor does not deprive the occupier of standing.

Question 22Land tenure system in Nigeria: customary, statutory and non-customary tenure

Which of the following statements about the devolution of family property under customary law in southern Nigeria is correct?

  1. It escheats to the state on the death of the family head
  2. It devolves by customary rules of succession, with the family head managing it for members Correct answer.
  3. It devolves automatically to the eldest son absolutely
  4. It devolves according to the deceased's will in all cases

Explanation

Family property is not the personal property of the family head and does not pass absolutely to the eldest son; it devolves by customary succession rules and is managed for the benefit of all members. A will cannot dispose of family property as if it were personal estate.

Question 23Land tenure system in Nigeria: customary, statutory and non-customary tenure

Which of the following best explains why the Land Use Act is described as a 'unifying' tenure statute?

  1. It introduced a single national framework of rights of occupancy while preserving customary holdings Correct answer.
  2. It transferred all land to private freeholders
  3. It applied only to the federal capital territory
  4. It abolished all customary tenure in Nigeria

Explanation

The Act created a uniform national framework under which land is vested in state Governors and held through statutory or customary rights of occupancy, while preserving customary holdings. It did not abolish customary tenure or create private freeholds.

Question 24Land tenure system in Nigeria: customary, statutory and non-customary tenure

A community claims land under customary tenure, but the land lies within an area declared urban by the Governor. Which authority has power to grant a statutory right of occupancy over that land?

  1. The community's traditional council
  2. The federal Ministry of Lands
  3. The local government council
  4. The Governor of the state Correct answer.

Explanation

Under the Land Use Act, the Governor grants statutory rights of occupancy over land in urban areas, while local governments deal with non-urban land. Urban designation shifts grant competence to the Governor.

Question 25Land Use Act: allocation, certificates of occupancy, revocation and compensation

Under the Land Use Act, in whom is all land in a State vested in trust, to be administered for the use and common benefit of all citizens of Nigeria?

  1. The President of the Federal Republic
  2. The Minister of Lands
  3. The local government chairman
  4. The Governor of the State Correct answer.

Explanation

Section 1 of the Land Use Act vests all land in each State in the Governor, who holds it in trust and administers it for the use and common benefit of all Nigerians. The President has no general trusteeship over State land, and local governments only administer land delegated to them.

Question 26Land Use Act: allocation, certificates of occupancy, revocation and compensation

Which body is empowered by the Land Use Act to grant statutory rights of occupancy over land in urban areas of a State?

  1. The Area Planning Authority
  2. The Customary Court
  3. The Land Registry
  4. The State Governor Correct answer.

Explanation

Section 5 of the Act empowers the Governor to grant statutory rights of occupancy over land in urban areas, whether to individuals or organisations. The Land Registry merely records instruments, and customary courts have no power to allocate statutory occupancy.

Question 27Land Use Act: allocation, certificates of occupancy, revocation and compensation

A person who occupies land under customary law in a non-urban area is deemed to hold what interest under the Land Use Act?

  1. A statutory right of occupancy
  2. A licence revocable at will
  3. A freehold estate in fee simple
  4. A customary right of occupancy Correct answer.

Explanation

Section 36(2) deems lawful customary occupants of land outside urban areas to hold a customary right of occupancy. The Act abolished freehold interests, and a customary right of occupancy is a recognised interest, not a mere licence.

Question 28Land Use Act: allocation, certificates of occupancy, revocation and compensation

A statutory right of occupancy may be granted subject to which of the following obligations on the holder?

  1. Payment of rent and compliance with development conditions Correct answer.
  2. Transfer of the land to the local government after five years
  3. Surrender of title upon marriage
  4. Automatic conversion to freehold on completion of a building

Explanation

Sections 5 and 10 allow grants subject to conditions such as payment of rent, development within a stated period, and observance of building regulations. The Act does not impose automatic reversion, freehold conversion, or personal-status conditions.

Question 29Land Use Act: allocation, certificates of occupancy, revocation and compensation

Which of the following is a ground on which a Governor may revoke a statutory right of occupancy under the Land Use Act?

  1. Breach of a condition relating to the purpose for which the land was granted Correct answer.
  2. The holder's decision to travel abroad
  3. The holder's failure to build a house within one month
  4. A change in the holder's occupation

Explanation

Section 28 empowers the Governor to revoke a right of occupancy for breach of conditions, for public purposes, or for alienation without consent. Personal circumstances such as travel or change of occupation are not statutory grounds.

Question 30Land Use Act: allocation, certificates of occupancy, revocation and compensation

When land is revoked for overriding public interest, what is the primary remedy available to the holder of the revoked right of occupancy?

  1. Restoration of the land with interest
  2. Automatic allocation of an equivalent plot elsewhere
  3. Reinstatement of the original freehold title
  4. Payment of compensation for the value of improvements and unexhausted improvements Correct answer.

Explanation

Section 28 and section 29 provide that revocation for overriding public interest entitles the holder to compensation, principally for the value of improvements and unexhausted improvements on the land. Reinstatement of freehold or automatic resettlement is not guaranteed by the Act.

Question 31Land Use Act: allocation, certificates of occupancy, revocation and compensation

Which of the following is an overriding public interest that can justify revocation of a right of occupancy under the Land Use Act?

  1. Sale of the land to a foreign investor
  2. Construction of a private residence by the holder's neighbour
  3. Use of the land for a private commercial venture
  4. Use of the land for public purposes by any level of government Correct answer.

Explanation

Section 28(2) treats the requirement of the land for public purposes by the Federal, State or local government as an overriding public interest. Private residential, commercial and foreign-investor uses are not overriding public interest in that sense.

Question 32Land Use Act: allocation, certificates of occupancy, revocation and compensation

A statutory right of occupancy is granted over land in a State capital. Which document is issued to the holder as evidence of the grant?

  1. A planning permit issued by the Area Planning Authority
  2. A certificate of occupancy signed by the Governor Correct answer.
  3. A customary court order
  4. A deed of assignment registered at the Land Registry

Explanation

Section 9 requires the Governor to issue a certificate of occupancy as evidence of a statutory right of occupancy. A deed of assignment transfers an existing interest, and planning permits are development-control instruments rather than titles.

Question 33Land Use Act: allocation, certificates of occupancy, revocation and compensation

A holder of a statutory right of occupancy wishes to alienate the land by assignment. What is required under the Land Use Act?

  1. Notification to the local government council only
  2. A resolution of the State House of Assembly
  3. Approval of the customary court
  4. The Governor's consent to the alienation Correct answer.

Explanation

Section 22 requires the consent of the Governor before a holder of a statutory right of occupancy may alienate the land by assignment, mortgage, transfer of possession or sublease. Alienation without consent is unlawful and may lead to revocation.

Question 34Land Use Act: allocation, certificates of occupancy, revocation and compensation

A Governor revokes a right of occupancy without stating any reason and without following the statutory procedure. What is the legal position?

  1. The revocation is valid because the Governor's power is absolute and unreviewable
  2. The revocation is automatically converted into a suspension
  3. The revocation is valid but the holder may only appeal to the local government
  4. The revocation is invalid because the statutory conditions and procedural requirements were not satisfied Correct answer.

Explanation

The Governor's power to revoke under section 28 is exercisable only on the grounds and in the manner prescribed by the Act. A revocation that fails to comply with those requirements is liable to be set aside by the courts.

Question 35Land Use Act: allocation, certificates of occupancy, revocation and compensation

A holder's right of occupancy is revoked for a public purpose. Which item is compensable under the Act?

  1. The speculative profit the holder hoped to make on resale
  2. The holder's personal debts
  3. The value of buildings and other improvements on the land Correct answer.
  4. The cost of the holder's litigation against the government

Explanation

Section 29 provides compensation for the value of improvements and unexhausted improvements, including buildings, on the land at the date of revocation. Speculative profits, litigation costs and personal debts are not heads of compensation under the Act.

Question 36Land Use Act: allocation, certificates of occupancy, revocation and compensation

Land is required by the Federal Government for a road project, and the State Governor revokes the holder's right of occupancy. Who is liable to pay compensation to the holder?

  1. The holder's immediate neighbour
  2. The Land Registry
  3. The government that revoked the right and acquired the land Correct answer.
  4. The local government in whose area the land lies, in every case

Explanation

Under section 29, compensation is payable by the appropriate government that revoked the right of occupancy and acquired the land. The Act does not impose the burden on neighbours, the registry, or an unrelated tier of government.

Question 37Land Use Act: allocation, certificates of occupancy, revocation and compensation

A customary right of occupancy is revoked for overriding public interest. What does the Act provide regarding compensation in this case?

  1. Only the holder's personal belongings are compensable
  2. No compensation is payable because customary rights are unprotected
  3. Compensation is payable for the value of the land and improvements as provided in the Act Correct answer.
  4. Compensation is limited to a token payment fixed by the local government

Explanation

Section 29 extends compensation to holders of customary rights of occupancy whose land is revoked for overriding public interest, covering the value of the land and improvements. Customary holders are not excluded from the compensation regime.

Question 38Land Use Act: allocation, certificates of occupancy, revocation and compensation

Which of the following best describes the role of a certificate of occupancy in proving title?

  1. It is merely a tax receipt with no evidentiary value
  2. It conclusively extinguishes all prior interests in the land
  3. It operates as a conveyance of freehold title
  4. It is prima facie evidence of the right of occupancy in favour of the holder Correct answer.

Explanation

Section 9 provides that the certificate of occupancy is evidence of the right of occupancy and is prima facie evidence of title in favour of the holder. It does not extinguish prior interests or convey freehold, and it has more than fiscal significance.

Question 39Land Use Act: allocation, certificates of occupancy, revocation and compensation

A holder of a statutory right of occupancy fails to develop the land within the period stated in the certificate. What consequence may follow under the Act?

  1. Conversion of the right into a customary right of occupancy
  2. Revocation of the right of occupancy for breach of a condition Correct answer.
  3. Extension of the term to 999 years
  4. Automatic transfer of the land to the holder's heir

Explanation

Development within a stated period is a condition of the grant, and failure to comply is a ground for revocation under section 28. The Act prescribes no automatic inheritance, conversion, or extraordinary term extension.

Question 40Land Use Act: allocation, certificates of occupancy, revocation and compensation

A State Governor grants a statutory right of occupancy over land that is within a rural area customarily occupied by a community. What is the most accurate statement of the Act's position?

  1. The Governor may never grant statutory rights over any rural land
  2. The grant is void because only the President may grant rights over rural land
  3. The Governor may grant the right, but existing customary rights and the community's interests must be respected Correct answer.
  4. The community automatically loses all rights without any remedy

Explanation

The Governor's power to grant statutory rights of occupancy extends to land outside urban areas, but grants must respect subsisting customary rights. Holders of customary rights affected by a grant may be entitled to compensation or resettlement.

Question 41Land Use Act: allocation, certificates of occupancy, revocation and compensation

What is the effect of the Land Use Act on existing freehold interests in land at the time it came into force?

  1. They were converted into rights of occupancy held under the Act Correct answer.
  2. They were automatically vested in the local government free of any interest
  3. They were preserved unchanged in perpetuity
  4. They were converted into customary tenancies

Explanation

The Act abolished freehold tenure and converted existing freehold interests into rights of occupancy subject to its provisions. Holders retained possessory interests but no longer held freehold estates.

Question 42Land Use Act: allocation, certificates of occupancy, revocation and compensation

A holder of a statutory right of occupancy dies intestate. What happens to the right of occupancy under the Act?

  1. It automatically reverts to the Governor free of any interest
  2. It devolves on the holder's personal representatives or according to the applicable succession rules Correct answer.
  3. It passes only to the local government chairman
  4. It is extinguished and the land becomes unallocated

Explanation

A right of occupancy is property that devolves on the holder's personal representatives or in accordance with the applicable succession law. The Act does not provide for automatic reversion or extinguishment on intestacy.

Question 43Land Use Act: allocation, certificates of occupancy, revocation and compensation

Which of the following statements about the Governor's power to grant a statutory right of occupancy is correct?

  1. The power may only be exercised with the consent of the National Assembly
  2. The power is limited to land within the Governor's personal residence
  3. The power may be exercised arbitrarily without any conditions
  4. The power is exercisable subject to the provisions of the Act and any applicable regulations Correct answer.

Explanation

The Governor's grant power under sections 5 and 8 is a statutory power exercisable in accordance with the Act and any regulations made under it. It is not arbitrary, personal, or subject to National Assembly consent.

Question 44Land Use Act: allocation, certificates of occupancy, revocation and compensation

A holder of a statutory right of occupancy mortgages the land to a bank without the Governor's consent. What is the legal effect of the mortgage?

  1. The mortgage is valid because banks are exempt from consent requirements
  2. The mortgage is valid but the bank acquires freehold title
  3. The mortgage automatically becomes a customary pledge
  4. The mortgage is unlawful and exposes the holder to revocation of the right Correct answer.

Explanation

Section 22 requires the Governor's consent for alienation, including mortgages, of a statutory right of occupancy. Alienation without consent is unlawful and is a ground for revocation under section 28.

Question 45Land Use Act: allocation, certificates of occupancy, revocation and compensation

A Governor revokes a right of occupancy on the ground that the land is required for a public purpose, but the true motive is to allocate the land to a political associate for private development. How would a court most likely treat the revocation?

  1. As valid, provided compensation is paid
  2. As valid, because the Governor's motive cannot be examined
  3. As invalid, because the stated public purpose is a pretext and the power was exercised for an improper purpose Correct answer.
  4. As valid only if the associate pays the holder directly

Explanation

The revocation power may be exercised only for genuine statutory purposes; a purported public purpose that is merely a pretext for private benefit is an improper exercise of power. Courts can review the exercise of the power and set aside a revocation made in bad faith.

Question 46Land Use Act: allocation, certificates of occupancy, revocation and compensation

A holder of a statutory right of occupancy has erected buildings and made other improvements. The land is revoked for overriding public interest. Which measure best reflects the Act's compensation scheme?

  1. No compensation because improvements accrue to the government without payment
  2. Compensation for the value of the buildings and unexhausted improvements at the date of revocation Correct answer.
  3. Compensation for the full market value of the land as freehold
  4. Compensation for the holder's expected future rental income for fifty years

Explanation

Section 29 compensates the holder for the value of improvements and unexhausted improvements as at the date of revocation. The Act does not award speculative future income, freehold market value, or withhold compensation for improvements.

Question 47Land Use Act: allocation, certificates of occupancy, revocation and compensation

A State Government seeks to acquire land occupied under a customary right of occupancy for a public project. Which procedure best accords with the Land Use Act?

  1. Simply occupy the land without any revocation or compensation
  2. Transfer the land to a private developer without any public purpose
  3. Revoke the customary right for overriding public interest and pay compensation for the land and improvements Correct answer.
  4. Require the community to litigate before any occupation

Explanation

The Act permits revocation of a customary right of occupancy for overriding public interest, with compensation for the land and improvements under section 29. Unilateral occupation without revocation or compensation is unlawful.

Question 48Land Use Act: allocation, certificates of occupancy, revocation and compensation

Which statement correctly distinguishes the consent requirement applicable to a statutory right of occupancy from that applicable to a customary right of occupancy?

  1. Both require only the consent of the Land Registry
  2. Neither requires any consent at all
  3. Alienation of a statutory right requires the Governor's consent, while alienation of a customary right requires the consent of the appropriate local government Correct answer.
  4. Both require the consent of the National Assembly

Explanation

Section 22 requires the Governor's consent for alienation of a statutory right of occupancy, while section 21 requires the consent of the appropriate local government for alienation of a customary right of occupancy. The Act thus distinguishes the consenting authority by tenure type.

Question 49Land Use Act: allocation, certificates of occupancy, revocation and compensation

A State Governor grants a statutory right of occupancy to a developer over land in a township. Before the certificate of occupancy is issued, the developer asks what the certificate itself will do for her. Which statement best describes the legal effect of the certificate of occupancy under the Land Use Act?

  1. It extinguishes all customary rights over the land without any need for the Governor to follow the Act's procedure.
  2. It transfers ownership of the land from the State to the holder in fee simple absolute.
  3. It is conclusive evidence that the holder is entitled to the right of occupancy for the term and subject to the conditions stated in it. Correct answer.
  4. It is merely administrative and creates no presumption in favour of the holder in any proceedings.

Explanation

Section 9 of the Land Use Act provides that a certificate of occupancy is conclusive evidence of the holder's entitlement to the right of occupancy described in it, subject to the terms and conditions stated. It is the formal documentary proof of a statutory right granted by the Governor, not a transfer of radical title, which remains vested in the State.

Question 50Land Use Act: allocation, certificates of occupancy, revocation and compensation

A holder of a statutory right of occupancy over farmland is served with a notice that the Governor has revoked the right because the land is required for a government housing scheme. The holder claims he is entitled to compensation not only for his buildings and crops but also for the value of the land itself. Which position reflects the compensation scheme under the Land Use Act?

  1. The holder is entitled only to compensation for crops, since buildings on State land automatically vest in the Governor.
  2. The holder is entitled to compensation for the value of the unexhausted improvements on the land, and for the land itself only if the revocation was for a purpose other than overriding public interest. Correct answer.
  3. The holder is entitled to the full market value of the land, buildings and crops in every case of revocation.
  4. The holder is entitled to nothing because the land belongs to the State and all rights are held at the Governor's pleasure.

Explanation

Under the Act, where a right of occupancy is revoked for overriding public interest, compensation is payable for the value of unexhausted improvements and not for the land itself, since radical title is vested in the State. Compensation for the value of the land can arise only where revocation is for a purpose other than overriding public interest.