Owning land in Nigeria is a significant milestone, but it often comes with legal challenges. Whether you’re purchasing property, inheriting land, or dealing with a dispute, understanding how the law recognizes and protects land ownership is crucial. In this post, we’ll break down the key aspects of declaring title to land in Nigeria, with insights from recent court cases.
The Basics of Land Ownership in Nigeria
First, let’s talk about the law that governs land ownership in Nigeria: the Land Use Act of 1978. This law places all land in each state (except land vested in the Federal Government or its agencies) under the control of the state Governor, who holds it in trust for the people. When you own land in Nigeria, you’re typically holding a right of occupancy, which is subject to government regulations.
There are two main types of land tenure under this law:
- Statutory Rights of Occupancy: Granted by the government and formalized with a Certificate of Occupancy (C of O), giving you the right to use the land for a set period, usually 99 years.
- Customary Rights of Occupancy: Based on traditional practices, this type of ownership is more common in rural areas.
How Do You Prove You Own the Land?
If you’re trying to prove that you own a piece of land, Nigerian law recognizes five main ways to do this. These methods were first outlined in the case of Idundun v. Okumagba (1976) LPELR-1431(SC), but they’re still very relevant today. Let’s break them down with some recent examples:
- Traditional History: This involves tracing ownership of the land from its original owners down to you. It’s often used for land that has been in the same family or community for generations. In the case of Aduwak v. Akap (2024) LPELR-62031(CA), the Court of Appeal held that it is settled law that, to prove title to land through traditional history, the claimant must establish the following: (a) who founded the land, (b) how the land was founded, and (c) the names and particulars of the successive owners through whom the claimant derives their claim..
- Title Documents: Valid documents like a deed of assignment or a Certificate of Occupancy can serve as strong evidence of ownership. The courts are meticulous in examining these documents. In Osamwonyi v. Ogunsuyi & Anor (2021) LPELR-56032(CA), the court reiterated the questions that must be considered when documents of title are presented as proof of ownership. These questions include: : (a) Whether the document is genuine and valid; (b) Whether it has been duly executed, stamped and registered; (c) Whether the grantor had the authority and capacity to make the grant; (d) Whether the grantor had in fact what he purported to grant; and (e) Whether it has the effect claimed by the holder of the instrument.
- Acts of Ownership Over Time: If you’ve been using the land for farming, building, or renting over many years, these actions can help prove your ownership. The court in the case of Mohammed v. Federal Ministry of Lands, Housing & Urban Development & Ors (2023) LPELR-60758(CA)highlighted what a party relying on acts of possession and ownership must prove in a claim for the declaration of title to land when it held as follows: “The acts of ownership and possession that will support a claim for title to land must extend over a sufficient length of time and must be numerous and positive enough to warrant the inference that the plaintiff is the true owner.”
- Long Possession: If you’ve had uninterrupted control of the land for a long time (typically 12 years or more), you may be able to claim ownership under adverse possession. This principle was reinforced in Ekanem v. Odung & Ors (2023) LPELR-60600(CA), where the court reiterated the principle of law regarding whether long and adverse possession can ripen into absolute ownership: “An adverse and exclusive possession of land for several years could ripen into ownership, particularly when there is no evidence that the plaintiff, who asserts ownership of the land, was aware of the defendants’ adverse possession but never took steps to eject them from the land or demand payment of any rent.”
- Ownership of Adjacent Land: If you own neighboring land, this might help strengthen your claim. In Agbatimingin & Ors v. Efejedia & Ors (2023) LPELR-60744(CA), the court accepted evidence of ownership of adjacent plots as corroborative evidence.
How Courts Handle Land Disputes
When it comes to land disputes, Nigerian courts have emphasized that you must prove your ownership based on the strength of your evidence, not just by highlighting flaws in the other party’s case. This was reinforced in Ani & Ors v. Effiok & Ors (2023) LPELR-59783(SC).
Common Issues in Land Disputes
Land disputes in Nigeria are often complicated by issues like double allocation (when the same piece of land is allocated to more than one person), fraudulent documents, and conflicting claims. These challenges can lead to lengthy court cases. Due to these complexities, it’s wise to consult a property lawyer who can help you navigate these challenges.
Final Thoughts
Proving land ownership in Nigeria isn’t always straightforward, but understanding the legal principles and staying updated on recent court decisions can help you navigate the process. Whether you’re buying land, resolving a dispute, or defending your title, having the right information—and legal support—can make a world of difference.
Disclaimer: This blog post is for informational purposes only and should not be taken as legal advice. If you’re dealing with a land issue, it’s best to consult a lawyer who can provide guidance specific to your situation. We are not responsible for any actions taken based on the content of this article.
With the right knowledge and support, you can approach land ownership in Nigeria with confidence, knowing that you’re well-prepared to handle any legal challenges that come your way.
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