Land Tenure System in Nigeria: Customary, Statutory and Non-Customary Tenure
What this domain tests
This domain tests how Nigerian land tenure is classified before and after the Land Use Act 1978 (Cap L5 LFN 2004), and how customary, statutory and non-customary interests coexist. Expect questions on the incidents of family and community land, the radical title of the state, and the difference between ownership of land and ownership of developments.
Core rules
- Customary tenure: land held by a community, family or individual under customary law. Family land is vested in the family as a unit, with principal members exercising control. Alienation without the requisite consent is generally void.
- Statutory tenure: interests created by statute or state grant, principally statutory rights of occupancy and certificates of occupancy.
- Non-customary tenure: freehold and leasehold interests under received English/common law and statutes, now subject to the Act.
- The Act vests all land in a state in the governor, to hold in trust for the people. It does not abolish customary tenure, but it subordinates radical title to the state.
Worked example
A family in Ibadan holds land under customary law. One member sells a portion without the consent of the family's principal members. The purchaser claims title. The sale is defective: family land is not the personal property of the seller, and principal members' consent is a condition of a valid alienation. The purchaser may have an equitable claim against the seller personally, but not a good title against the family.
Traps
Do not say the Land Use Act abolished customary tenure. Do not confuse the governor's radical title with beneficial ownership of every plot. Do not treat a certificate of occupancy as conclusive proof of ownership against a better root.