Land Use Act: Allocation, Certificates of Occupancy, Revocation and Compensation
What this domain tests
Questions focus on the governor's allocation powers, statutory and customary rights of occupancy, the certificate of occupancy as evidence, and the limits on revocation and compensation.
Core rules
- Section 1 vests all land in the state in the governor, held in trust. The governor grants statutory rights of occupancy, while local governments may grant customary rights.
- A certificate of occupancy is evidence of a right of occupancy; it is not conclusive against a superior title.
- Alienation of a right of occupancy requires the governor's consent; unauthorised dealings may be void or ineffective.
- Revocation is permitted for overriding public interest, including public purposes, mining, and alienation contrary to the Act.
- Compensation is for the value of unexhausted improvements (buildings, crops and works), not for the bare land, and resettlement may be provided.
Worked example
The governor revokes a statutory right of occupancy to build a public road. The holder has a house, borehole and mature crops. Compensation is assessed on the unexhausted improvements and disturbance, not on the market value of the land itself, because radical title is in the state. If the holder had let the land and the tenant owned the crops, the tenant's interest may be compensated separately.
Traps
Claiming compensation for the land itself. Forgetting that a certificate of occupancy can be revoked for overriding public interest. Assuming every revocation is automatically unlawful because no prior notice was given; the statutory procedure and Constitution s.44 must be checked.