Customary and Statutory Land Tenure
What the exam tests
Customary and statutory tenure questions test the nature of customary land holding, family property, the role of the family head, and the statutory conversion of tenure. Expect questions on consent, alienation and rights of occupancy.
Core rules
- Customary tenure may be communal, family or individual. Family land is held by the family, managed by the head, and alienated only with the requisite consent of principal members.
- The family head cannot sell family land without consent; a sale without consent may be void or voidable, and the purchaser may be protected only in limited circumstances.
- Statutory tenure under the Land Use Act vests land in the governor, who holds it in trust and grants rights of occupancy. A certificate of occupancy evidences the right.
- Alienation of a right of occupancy usually requires the governor’s consent. Without consent, the transaction may be invalid or unregistrable.
- Customary law is not frozen; it develops with the community, but statutory reforms may override inconsistent customs.
Worked example
The head of a family sells family land to X without consulting the principal members. X pays and builds. The sale is invalid because the head lacked authority; the family may recover the land. X may have a claim against the head for fraud or breach, but cannot rely on the sale as against the family. If X had obtained the required consents and registered, the position could differ.
Traps
Treating the family head as absolute owner; assuming customary tenure has no legal effect; ignoring the governor’s consent; forgetting that registration does not cure a void customary alienation.