The enactment of the land registration law 2015 by lagos state is a bold attempt to provide a uniform platform for land registration in the state, considering the previous history of a fragmented and far from complementary land registration system. Historical development, current issues and future expectations. Compensation for expropriated community farmland in nigeria. Nigeria landlinks landlinks was created by e3land, a. Power of attorney is generally defined as an authority given by one person, called as the donor or principal, authorizing another person, called.
It is a common believe that tenants in nigeria do not have rights as much as landlords but the fact is tenants in nigeria have rights as much as landlords. The absence of registration does not prejudice the right of land use and benefit acquired through occupancy in terms of subparagraphsa and b of article 12, provided that it has been duly proved in terms of this law. The only control imposed by law on the lineages and other local land. This law may be cited as the acquisition of land by aliens law. Laws of federation of nigeria 2004 29 the antiinflation tack force hereafter the task force was set up to examine the current inflationary. The land use act and the state of nigerian land law. This study is aimed at studying the customary land laws. Two key legislations have been enacted since independence. Pdf on nov 27, 2018, sulaiman abdussamad and others published elements of nigerian land law find, read and cite all the research you.
Ownership and use of land in nigeria chapter one introduction meaning of land at common law generally, there are various definitions by different scholars as regards the meaning of land at common law. The legal profession in nigeria derives its origin from the english legal. 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 native lands to natives of northern nigeria. That in spite of the incursion of the act in the land tenure system of nigeria, customary law still dominates and. In addition, if the division of familyowned land is evident, this usually signifies an end to the communal or family ownership of the land. The land use act of 1978 covers the use and rental of public lands. He was a scholar who modernised and extensively revised the laws of nigeria. These form the basis of what is termed the customary law in nigeria. The state of lagos has an unenforced rent control of residential premises law and recovery of possession law. In nigeria, there is a huge abundance of land or environment, and, with a rural population of over 60%, centralized land system exists. In nigeria and north sudan, customary law is subject to constitutional provisions of nondiscrimination or gender equality, and is enforced only to the extent it does not run contrary to any written law. Pdf women in nigeria face many challenges and discriminatory practices under some extant laws and customs. The lua has done away with the various state land laws governing land tenure system in the country.
The study of the acquisition of title to land by long adverse possession is a study both of case law and of statutory provisions. Colonial law did not as a rule intervene in customary land tenure, except in cases of appropriation for the public good. This is because of the constant harassment and unfair treatment of tenants by landlords. The nigerian legal system makes effort to bring all these aspects into consideration too. The country has been solely dependent on the exploitation of oil and illegal mining. Every state in nigeria now has its own law on recovery of premises. Statement of the problems the present condition of our rural land developments in nigeria has been a cause for concern in this study. It includes the surface soil together with the things on it which are enjoyed as being part and parcel. 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. In fact, the law in nigeria favors the tenant than the landlord. There are various documents and procedures required to purchase land in nigeria. Up till now there are vandals of oil theft that often destroy the habitats. The indigenous land tenure and nationalization of land in nigeria. These rights have been conferred on individuals by the tenancy law of each state.
Conveyancing, as it is known, is the process by which ownership of land is transferred between a seller and a buyer. Federal republic of nigeria personal ownership of land in nigeria is recognized if the relevant law and custom of an area permit it. The world banks land governance assessment framework found that, in nigeria, a large number of acquisitions occurs without prompt. Law of trusts, bankruptcy and administration of estates lagos. In the southern nigeria, land was held by the community, village, or family. Northern nigeria where majority of land cases are instituted and decided on the basis of customary laws. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding. In most cases in nigeria, the owner of the land is not usually the seller.
The position of the wives and children of the deceased are even more critical. In nigeria, the recurring impoverishment and other negative socioeconomic impacts endured by landholders affected by expropriation are welldocumented and call into question the land use acts lua effectiveness in protecting local land rights. Allott skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites. See generally onwuamaegbu, nigerian law of landlord and tenant, 1966. Because land ownership in precolonial nigeria was communal, the colonial aut horities initiated.
There are three types of tenancies in nigeria but the most popular type of tenancy in nigeria is the periodic tenancy which is the topic of discussion in this article. As we explained above, land tenure is a legal phenomenon because they give. Article 15 proof the right of land use and benefit can be proved by. He helps people do proper due diligence, land search and recommendation for land purchase. This land tenure system of southern nigeria created a number of problems for land management in the country. Examining environmental policies and laws in nigeria. An 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. In other words, the slightest deviation from the requirements of the law will frustrate an attempt to recover possession of premises no matter how troublesome and terrible such a tenant may be. 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 history of english land law can be traced into roman times, and through the dark ages under saxon monarchs where, as for most of human history, land was the dominant source of personal wealth. How to conduct a search at the lagos land registry legal panic. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. However, the focus of this article is to assess specifically the requirements for buying land in ogun state, nigeria. Customary land tenure in nigeria placed the oba in charge of land distribution.
Power of attorney in land matters ibeju lekki lawyer. We live on it and finally rest on it the rules governing it are forever complex, because of tile conflicting claims to its ownership. The interpretation of the land tenure law of northern nigeria. Adverse possession in common law jurisdictions, like nigeria, is derived from a statutory limitation period upon. He is a lagos based lawyer, land consultant, and the ceofounder of. Jul 25, 2017 a sample of a land search report pdf written by. This page contains listing of free law books online textbooks and tutorials they are downnloadable or for viewing online in the html pdf zip chm or rar file formats.
Sample of a contract of sale of land law repository. He was attorneygeneral and chief justice of nigeria and a judge and president of the international court of justice. The land use act and land ownership debate in nigeria. Download land law text book pdf law repository nigeria.
It is multisegment free access center for intelligence and instruments relating to nigeria s legal and policy circuit. National open university nigeria noun lecture books. It looks to facilitate how an owner of land may use it or moderate how others do so. This can include both residential and commercial land transactions. Agbosu introduction the land use act, 1978, is a product of the inherent contradictions of the colonial and neocolonial dependent, pseudocapitalist economic structures established in nigeria since colonial times. An act to vest all land compromised in the territory of each state except land vested in the federal government or its. It is for this reason it has been said that the study of land law is a. Fundamental principles of national land policy part iii classification and tenure of land 4. Benefits of an efficient land registration system in nigeria. This guide to law online nigeria contains a selection of nigerian legal, juridical, and governmental sources accessible through the internet. The major problem facing our rural land development is the negative effects which have come with introduction of land use act, 1978 in nigeria. Land tenure law of northern nigeria of 1962 and land use act of 1978. This category contains lecture notetext books of all 400 level courses we can deliver to your door step. In our previous article, we explained the procedure for buying property in lagos state.
Where a court of trial unquestionably evaluates the evidence and justifiably appraises the facts, what the court of appeal ought to do is to find out whether there is evidence on record on which the trial court could have acted. It includes the surface soil together with the things on it which are enjoyed as being part and parcel of the land. The real owner of the land usually appoints his right to sell. Trust, administration, law, real property introduction under the common law, land means more than the physical soil. English land law transformed from the industrial revolution and over the 19th century, as the political power of the landed aristocracy diminished, and modern legislation increasingly made land a.
The constitution of the federal republic of nigeria 1999 with annotations lagos. The registration of titles law of lagos state also compulsorily requires all instruments relating to land to be registered. Generally, the english common law forms part of the foundation on which the nigerian legal system is built. The lua was established purposely to unify land policy throughout nigeria and to. The rivers state likewise has an unimplemented recovery of possession edict. Under customary law, which prevails in nigeria despite enactment of the land use act, land is generally regarded as owned by a universal deity, held by a community, and administered for the benefit of the community by the village head, chief, or oba head chief.
The indigenous land tenure and nationalization of land in. In addition, if the division of familyowned land is evident, this usually signifies an end to the. Introduction to land law land law focuses upon the uses and supply of land. The legal profession in nigeria derives its origin from the english legal system and legal profession. Buying land in nigeria is one of the common property law transactions, which is administered by various legislations depending on the jurisdiction in nigeria. To increase its internally generated revenue and continue to expand its tax base, the lagos state government lsg recently repealed its 2001 land use charge law, and replaced this 2001 law with a new land use charge law, 2018. Taslim olawale elias 11 november 1914 14 august 1991 was a nigerian jurist. Rights of landlords and tenants in nigeria part 1 ibeju.
Noun school of law study materials and courseware 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. Lawnigeria nigerian legal resources, intelligence and. Pdf protection and promotion of womens rights in nigeria. Download this land law text book from national open university. Cbpr database nigeria center for international environmental law 1 federal republic of nigeria personal ownership of land in nigeria is recognized if the relevant law and custom of an area permit it. The land act 1999 arrangement of sections section title part i preliminary i. Two of these operated nationwide while the others followed the usual north. As a result of the above provisions, native law relating to land law is applicable in all of nigeria and is an important source of nigerian land law. This study, in nineteen chapters, deals with the various issues pertaining to land law in nigeria.