Issues and challenges in alienation of family land holding. Land is essential for every human activity on earth as it is the source of all material wealth. The study of the acquisition of title to land by long adverse possession is a study both of case law and of statutory provisions. Using this medium, i would love to inform all students of the national open university of nigeria noun who are planning to study law, that they can now enhance their knowledge and study the noun law materials using the courseware which is freely uploaded by the management. Adverse possession in common law jurisdictions, like nigeria, is derived from a statutory limitation period upon actions for the recovery of land. In nigeria, the debate has continued to rage as to the domicile of ownership. An act to provide for the basic law in relation to land other than the village land, the management of land, settlement of disputes and related matters i i. Ownership and control of natural resources under the nigerian. Real estate 2021 laws and regulations nigeria iclg. It has been long the rule in nigeria that nonnigerians1 are restricted in their rights to acquire and alienate any interest in right in or over land in the country. Public land acquisition and administration in nigeria. Anything outside the pleadings that is sought to form part of the trial must be ignored as it. In addition, if the division of familyowned land is evident, this usually signifies an end to the communal or family ownership of the land.
Nigerian law school past questions and answers is available here for download. International law, also known as public international law and law of nations is the set of rules, norms, and standards generally accepted in relations between nations. This study therefore examined land acquisition and use in nigeria within the context of food and livelihood security. The act vests in the governor of a state, the ownership of the land in the state. The plaintiffappellant instituted a claim against the 1st and 2nd defendantsrespondents that after selling the land in dispute to him, the defendantsrespondents failed to obtain governors consent under section 22 of the. The land tenure law of northern nigeria of 1962 stipulated that the minister responsible for land matter controls, holds and allocates land unoccupied or occupied. Conveyancing, as it is known, is the process by which ownership of land is transferred between a seller and a buyer. The history of english law in nigeria began in 1863 when ordinance no. Some english laws are still applicable in areas where. Non nigerians and the land use act it has been long the. It was argued that a foreigner who voluntarily moves to a country, which is not, his own.
Pdf land use act chapter l5 laws of the federation of. Buying land in nigeria is one of the common property law transactions, which is administered by various legislations depending on the jurisdiction in nigeria. Land use act chapter l5 laws of the federation of nigeria 2004 arrangement of sections part i general 1. Land use act chapter l5 laws of the federation of nigeria 2004an act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the state, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the state. The law regulating use and management of land in nigeria was changed to the land use act in 1978 1 consequent upon which the right of occupancy became the only. Federal republic of nigeria personal ownership of land in. The land use act which was enacted in 1978 is one of the most far reaching and controversial legislations in nigeria. West africa nigeria jurisdictionclaim to ownership of land not a claim to fix boundariesjurisdiction of supreme courtnot ousted by intertribal boundaries settlement ordinance no.
Foreign laws equally form part of the body of laws that form the sources of the nigerian law in addition to the english law, islamic law, customary law. Family land holding in nigeria is governed by the customary law of each ethnic group in the country. Enacted by the parliament of the united republic of tanzania. Historical evolution of land law sources of nigerian land law terminologies. The public administration, administrative law key features, administrative authority and the entailment to the legal principle, special nature and typology of administrative action, sources of administr. Rules governing conveyance of family land in nigeria is widely dispersed and uncertain. The land registration act no 36 of 1924 as variously amended is the major law regulating land registration in nigeria, and it has been adopted and reenacted in most states under different. Principles of nigerian customary land law j finine worth avenue.
Foreign laws equally form part of the body of laws that form the sources of the nigerian law in addition to the english law, islamic law, customary law and the local legislations. The document which contains the granting of a right by a landlord to a tenant is called a lease. Introduction this paper explores the issue of land ownership in nigeria. In nigeria, maritime matters and services are covered by a considerable number of federal laws. Human rights, law, land, culture, custom, equality, education, women, children, family, poverty and denial. Tenancy has to do with conveyancing and the laws governing it are a lot, containing multifarious rules and regulations. Dec 18, 2020 real estate is, however, largely regulated by the laws in the state in which the land is situated and differs from state to state. Contesting land in nigeria, the land use decree of 1978 empowered local, state and national government administrators to regulate the occupancy, use and transfer of land in the name of greater equality and national economic development. Notwithstanding the existence of laws regulating land, the problems of land tenure and land administration persisted both in the northern and southern nigeria. Pdf this paper sets out to examine the concept of ownership with. Customary right of occupancy is defined under section 501 as the right of a person or community lawfully using or occupying land in accordance with customary. The land use act and the state of nigerian land law journal of. Olusola atilola, nigeria land administration reform in nigerian fig congress 2010 facing the challenges building the capacity sydney, australia, 1116 april 2010 316 land administration reform in nigerian. The right to ownership and control of natural resources under the nigerian law is constitutional.
Pdf land is essential for every human activity on earth as it is the source of all material wealth. The land use act and land ownership debate in nigeria. A lease should be drafted by a conveyance connoisseur due to the technicality involved in this kind of deed. Anything outside the pleadings that is sought to form part of the trial must be ignored as it goes to no issue a. At customary law, ownership of land is generally vested in the village, community or family with the head holding it for the use of the whole village, community or family respectively. It establishes normative guidelines and a common conceptual framework to guide states across a broad range of domains, including trade, diplomacy,war, and human rights. Land law status of a purchaser who takes possession of land pursuant to an unregistered registerable instrument.
In 1917, the public lands acquisition act was enacted to empower the colonial governor to acquire lands when required for public purposes. Pdf land titling and registration processes in nigeria. A tenancy agreement is drafted when a tenant requires a lease below three years which is a short term lease. National open university of new english file advanced pdf free download nigeria. The laws governing real estate in lagos state the commercial capital of nigeria include the following. Land policy land policy lies at the heart of economic and social life and environmental issues in all countries.
Issues and challenges in alienation of family land holding in. Power of governor to grant rights of occupancy free of rent or at reduced rent. Subsequent developments on land management in nigeria led to the modification of the northern nigeria land tenure law of 1962, into the land use act of 1978. The registration of instruments affecting land in lagos dates back to 1863. Land law nigeria by national open university, nigeria file type. Property of \u2018any kind\u2019 may be transferred. Land law latest nigerian supreme court cases page 2. Prior to the enactment of the land use act, it had frequently been stated that private individuals and the government increasingly faced difficulties in acquiring land for development. This will give you a better chance of scoring higher on the screening test. Benefits of an efficient land registration system in nigeria the improvement in land registry service delivery has a number of consequences for the population of nigerians and for the real estate business in the country. The chapter used secondary data obtained from the world bank website, national bureau of statistics nbs and other sources. Introduction land acquisition literally means acquiring of land for some public purpose by government agency, as authorised by the law, from the individual land owner after paying government fixed compensation in lieu of losses incurred by land owner due to surrendering of histheir land to the concerned.
Oct 16, 2020 nigerian law school past questions and answers free pdf download. The land tenure law declared that certain lands in northern nigeria were native lands, and vested management and control of these properties in the minister later commissioner for lands and survey, to be administered for the use and common benefit of the natives. Introductionhistorical evolution of land law in nigeria. Before this date nigeria had broadly been divided into two totally different systems of land law. Nigerian law school past questions and answers free pdf.
Despite early documentation of land ownership in nigeria and cameroons meek 1957, it. Examining the land use act of 1978 and its effects on. Land use act chapter l5 laws of the federation of nigeria. Using this medium, i would love to inform all students of the national open university of nigeria noun who are planning to study law, that they can now enhance their knowledge and study the noun law materials using the courseware which is freely uploaded by the management like i previously stated, the noun school of law study materials and courseware is free for all students studying law. In this course, we shall examine the customary land tenure system in nigeria. The most secure digital platform to get legally binding, electronically signed documents in just a few seconds.
It was enacted primarily to contribute to the stabilization of. Yakubu, 1985, macmillan publishers edition, in english. Land law status of persons who hold interest in land by virtue of a statute. The constitution of the federal republic of nigeria 1999 as amended section 44 3 and item 39 schedule ii of the exclusive legislative list vests the control and management of the natural resources and hydrocarbon operations on the. This can include both residential and commercial land transactions. Jan 31, 2014 areas of law land law certificate of occupancy, trespass, appeal, law of evidenceburden of proof summary of fact. Land tenure, land use and land acquisition in nigeria horizon ird. The 1916 ordinance was subsequently modified and substantially re4. This study, in nineteen chapters, deals with the various issues pertaining to land law in nigeria.
This is the system of landholding indigenous to nigeria. A long term lease is above three years and a lease must be drafted in that respect to be executed as a deed. One of the unresolved controversies of the promulgation of the land use act as it came into being in 1978 is whether land in nigeria has virtue of the law now nationalized. Legislation an official statement by a government of its intentions and plans regarding the conservation, use, and allocation of land, but does not have. On the one hand, there was the system in the northern states, the successors of the former northern region, where the land tenure law, 1962, was in force. The paper will seek to explore the legal framework for equality in nigeria from the human right. Trespass to land latest nigerian supreme court cases. Land agreement fill out and sign printable pdf template. Personal ownership of land in nigeria is recognized if the relevant law and custom of an area. The law provides the succinct path to conduct search and register an interest in property within lagos state in line with the provisions of the land use act, which is the principal legislation governing the alienation of land in nigeria. These laws were applied in each region to regulate land in the region. The land registry in lagos is currently the most developed land registry in nigeria.
It is therefore a subject of heated debates amongst legal authors, textbooks, writers, journals, articles and case laws. Landlord and tenant agreement in nigeria infoguide nigeria. Land use act arrangement of sections part i general. The registration of titles law of lagos state also compulsorily requires all instruments relating to land to be registered. As noted earlier, land instruments registration is the predominant land registration system in nigeria. After nigerian became an independent state, the body vested with the power to make law made laws for the good governance of the country.
Sep 29, 2016 this accounted for the multiplicity of land laws in nigeria prior to the promulgation of the land use act of 1978. Land in the state, and the provisions of the land tenure law or the state land. Federal republic of nigeria personal ownership of land in nigeria is recognized if the relevant law and custom of an area permit it. Ownership and control of natural resources under the. Amokaye impact of the land use act upon land rights in nigeria 6667. The indigenous land tenure and nationalization of land in nigeria. The paper argues that land ownership structure in nigeria has evolved over the years until 1978 when a single land policy document, otherwise known as the land use act of 1978 was established to. Fill out, securely sign, print or email your how to write land agreement in nigeria form instantly with signnow. In order to do this, the paper will look at the issues within a legal framework that is based on equality.
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