Property Law and Land Tenure
The statutory base
Property Law and Land Tenure tests the Land Use Act 1978 (Cap L5, LFN 2004) and the conveyancing that flows from it. Section 1 vests all land in a state in the Governor, to be held in trust. Rights of occupancy are statutory (granted by the Governor, evidenced by a Certificate of Occupancy, commonly 99 years) or customary (community-based, indefinite). Section 22 requires the Governor's consent before an assignment, mortgage or transfer of possession; without it the transaction cannot be properly registered and is exposed to challenge. Section 28 allows revocation for overriding public interest; section 29 limits compensation to unexhausted improvements, not the bare land. Section 34 deemed grants protect pre-1978 developed holdings.
Conveyancing sequence
Investigate title (root of title, survey plan, searches, physical inspection), negotiate, draft the deed of assignment, obtain Governor's consent, pay consent fee and stamp duty, assess capital gains tax, register at the Lands Registry, then apply for a new Certificate of Occupancy. Tenancies run under the Recovery of Premises Act and state laws such as the Lagos State Tenancy Law 2011, which prescribe written notices to quit and termination notices.
Worked example
A 1990 Certificate of Occupancy is assigned in 2024 for ₦150m. The purchaser must apply for consent with the deed, C of O, survey plan and tax clearance; pay the consent fee and ad valorem stamp duty; account for CGT on the vendor's chargeable gain; register the deed; and perfect the title. Skipping consent leaves the assignment unregistered and the purchaser's title incomplete - the reasoning is that the Act makes consent a condition of valid alienation.
Traps
Treating a C of O as unchallengeable; forgetting consent for a mortgage; confusing customary occupancy with statutory title; claiming compensation for land value rather than improvements; serving an invalid notice to quit.