Property Law and Land Tenure in Nigeria
Expect questions on the Land Use Act 1978, the incidents of the two rights of occupancy, and the practical steps in a land transaction.
Tenure under the Land Use Act
Since 1978 all land in a state is vested in the Governor, held in trust and administered through the Land Use and Allocation Committee. Absolute freehold is gone. What exists is a statutory right of occupancy (evidenced by a Certificate of Occupancy, commonly 99 years for residential) and a customary right of occupancy. Section 22 requires the Governor's consent for alienation by assignment, mortgage, sublease or transfer of possession. Section 28 allows revocation for overriding public interest; section 29 provides compensation.
Other concepts
Family land requires the consent of the head and principal members for a valid sale; a sale by one member alone is voidable. Distinguish joint tenancy from tenancy in common, leases from licences, and know easements, covenants, mortgages and cautions. Residential tenancies are governed by state laws (for example the Lagos Tenancy Law 2011); the old Recovery of Premises regime still applies in some states, with notices to quit and owner's intention to recover possession.
Worked example
A client wants to buy family land. Steps: search the state Lands Registry and any probate records; identify the head and principal members; obtain their written consent and have all parties execute the deed; pay the purchase price by traceable transfer; obtain the Governor's consent to the assignment; pay stamp duty and registration fees; register the deed and perfect title. Skipping consent leaves the title defective and hard to mortgage.
Traps
Treating a Certificate of Occupancy as absolute ownership; forgetting section 22 consent; relying on a receipt instead of a registered deed; applying Lagos tenancy rules in another state; ignoring ground rent arrears and covenants.