Land to include any building any other thing attached to the earth or permanently fastened to anything so attached, but does not include minerals. New development in land administration nigeria by m. Ownership of land in the country is a serious issue, it is even a fundamental right as provided for in section 43 6 which provides for the right to acquire and own immovable property anywhere in nigeria, and section 44 talks about compulsory acquisition of property. This study, in nineteen chapters, deals with the various issues pertaining to land law in nigeria.
Nigeria is endowed with vast land mass of approximately 924,768 sq. Witlt tile land use decree o1978 now act, tlze military government sottgltt to provide nigeria with a uniform system of land tenure that would. Court grants firm ownership of itedo land the guardian. Everyday thousands of nigerians at home and abroad hope to buy lands in nigeria, more especially in popular cities such as lagos, abuja, port harcourt, abeokuta, ibadan, etc but the common reoccurring theme that filters through their minds is how to safeguard their money so that they wont be duped or lose their lands coupled with the terrifying stories that normally. The importance, effect, causes, relationship, comparison, history, role, solutions are discussed. Land registration system in nigeria involves the establishment of the rightsownership to land. Few days ago, i was listening to an argument between two friends in lekki, lagos nigeria who are not legal minds on the issue of legal ownership and title of land in nigeria, whether or not the highest and safest form of legal ownership and title over landed properties in nigeria is the one conferred on by the certificate of occupancy. Not surprisingly, the country that is home to the largest population of the region also has by far the largest area under cultivation.
Few days ago, i was listening to an argument between two friends in lekki, lagos nigeria who are not legal minds on the issue of legal ownership and title of land in nigeria, whether or not the highest and safest form of legal ownership and title over landed properties in nigeria is the one conferred on by the certificate of occupancy issued. Documents to ask for when buying a land in nigeria. Ownership structure and performance of entrepreneurial firms. Nigeria is the most populous nation in subsaharan africa. Land ownership in nigeria historical development, current. Pdf land is essential for every human activity on earth as it is the source of all material wealth. Land ownership in nigeria during colonial rule the land ownership structure in nigeria under colonial rule was designed to suit the motives of the british imperialists. Land titling and registration processes in nigeria the. In the states in the former southern nigeria, the new structure as it concerns the maximal ownership title, represent a major departure from the pre existing situation described in chapter two above. There are a great number of things to look out for and keep in mind when buying a new home or land property especially in a place like lagos nigeria. This is the place where there is need for legalizing over and over again to be sure of ownership. Conveyancing, as it is known, is the process by which ownership of land is transferred between a seller and a buyer.
This act vests all land comprised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the state, as trustee of the people. The impact of ownership structure on the financial. Anybody trying to transfer land or property to you must show you the documents he executed with the. This does not mean that the law does not recognise traditional land title ownership like customary titles or ownership of land whose titles are not yet formalised, which fall under what is called deemed right of occupancy, in which case the holder can apply for a grant of certificate of occupancy. The following 6 steps are crucial and will serve as guideline while you make that investment in property in nigeria 1. Communal land acquisition and valuation for compensation in nigeria sule, abass iyanda department of estate management, federal university of technology minna, nigeria abstract it is debatable that the nigerian land use act of 1978 has not absolutely transferred ownership of. Nov 23, 2016 youll need to have the information of the buyers and sellers.
Nigeria land cover time series 1975, 2000, and 20 download land cover and graphs data. Since independence in 1960, nigeria has become a powerhouse in the global petroleum market, among the 10 largest exporters of oil in the world, sharing the top position in africa with angola. Aug 07, 2016 what to know about ownership of land in nigeria. Jul 17, 2016 land ownership in nigeria 1 published july 17, 2016 july 16, 2016. Family receipt most lands in the country aside from government acquisition are owned by specific family who first settle on the land. Types of traditional land tenure systems and agricultural productivity there is quite a handful of taxonomical analysis of land tenure system within nigeria alone. After payment, a family receipt from the authorized family head which must be witnessed by the family secretary and a keyed family member.
Abstract it is debatable that the nigerian land use act of 1978 has not absolutely transferred ownership of land to the governor of states in nigeria. It is against the above background that the paper examines land rights characteristics and access to land, their implicationson food security in nigeria. Abstract this paper examines the impact of ownership structure on the financial performance of listed insurance firms in nigeria. What to know about ownership of land in nigeria ibeju lekki.
A nigerian newspaper and online version of the vanguard, a daily publication in nigeria covering nigeria news, niger delta, general national news. Buying land in nigeria is one of the common property law transactions, which is administered by various legislations depending on the jurisdiction in nigeria. In this paper, i address the question of land nationalization in nigeria. Focus on land in africa brief october 2012 nigeria. Corporate real estate development in nigeria olaseni adetokunboh, iyiade aibinu, sam agbato page 3 even though the landowners will provide as much information as possible, it is up to the real estate developers to satisfy themselves before entering into a commitment to acquire a site. The 10 commandments of buying land in nigeria bluehedge. Submission of a sworn affidavit to the commissioner for oaths. Land reform generally involves the changing of laws, regulations or customs regarding land ownership. Situations where a licencee denies or challenges the title of the landlord concurrent findings of facts. The supreme court in the case of elegushi v oseni 2005 14 nwlr pt 945 at 348 aptly stated the five types of legal land ownership in nigeria and they are as follows 1, by traditional evidence.
Olusola atilola, nigeria land administration reform in nigerian fig congress 2010 facing the challenges building the capacity sydney, australia, 1116 april 2010 616 to freehold, began to acquire land parcels in lagos colony, they did so with the concept that the transactions conferred on them absolute ownership and the right of alienation. Youll need to have the information of the buyers and sellers. The federal government retains and holds the absolute and beneficial ownership of all lands, whenever located, vested in it at the commencement of the land use act, this is, as on 29 th march, 1978. Introduction land is a fundamental resource of the nation state. This act vests all land comprised in the territory of each state except land vested in the federal government or its agencies solely. Thisis a document of title as to the ownership of a piece or large parcel of land issued by a governments land registry for registered freehold or leasehold lands in nigeria prior to the promulgation of the land use act of 1978.
The findings confirm that there is a significant relationship between ownership structure and performance of entrepreneurial small and medium sized firms in nigeria. Since 2003, oil has generated an average of about a third of nigerias gdp. A case study of oyo state article pdf available february 2016 with 15,053 reads how we measure reads. 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. Dubai property ownership cuts across all of nigerias elite political. The study uses panel data for seventeen 17 firms for the period 2001 2010 10 years. They safely gave this conclusion on the fact that the land use act of 1978 the main legislation on real estate in nigeria has transferred the ownership of all lands to the government and it is the government that can pass such ownership title in respect of land to individuals and corporate entities via the certificate of occupancy. 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. Recent changes in legislation have entailed the revocation of all customary rights of. Understanding land ownership in nigeria tycoon acres. This series of briefs was produced by the land and natural resource tenure in africa program, in which the world resources institute is a partner with landesa. Despite early documentation of land ownership in nigeria and cameroons meek 1957, it has been difficult to uncover detailed data on the impact of recent legislation on actual rules and practices in the use, management and ownership of land in the moist forest and. This short paper looks at the evolution and practice, sources of the theories of ownership and its impacts.
Ownership structure and performance of entrepreneurial. Aug 31, 2016 in nigeria, the land use act of 1978 guides and regulate all land matters and possession to land in the country which vest all the land in a state to the governor of the state and any transaction and instrument under which an alien purports to acquire any interest or right over any land which has not been duly approved in accordance with. The promulgation of the land use act lua1 in nigeria on march 29th, 1978 brought about a fundamental change in land tenure systems through the abolition of private ownership of land. Each state of the federation has its own land instruments registration law imhanobe, 2007. These are the 4 vital documents to prove land ownership in. What is the definition of legal ownership in nigeria.
There are several aspects and dimensions of corporate governance, which may influence a firms. Beijing declaration and womens property rights in nigeria. It may consist of government initiated or government backed approach to property redistribution of land as in the case of nigeria, an outright transfer of ownership of land from the citizens to the state. The vesting of ownership of nigerian land in state public sector management is a feature of. Nigeria and the need to register all titles to land in nigeria. Land certificate was usually issued to owners of land and landed properties when the property conveyancing law of. Land ownership and foreigners a comparative analysis of regulatory approaches page 1 fao legal papers online december 1999 1. Types of legal ownership of landreal estate in nigeria. Issues, problems and solutions project topics and materials in nigeria. Nigeria is the most populous country in africa, and one of the fastest growing countries in the world. One major example of such land are lands comprised in the federal capital territory abuja, the ownership of which, had been vested in the federal. Public regulation of the oil and gas industry in nigeria ggu law.
Yet many women do not have legal ownership rights to the land on which they live and work. Land tenure may be defined as the terms and conditions on which land is held, used and transacted. The paper argues that land ownership structure in nigeria has evolved over the years until 1978 when a single land policy document, otherwise known. The indigenous land tenure and nationalization of land in nigeria. Land tenure, land use and land acquisition in nigeria. Youll need to have size of the land, location, the local government lga, and state within nigeria. It also identifies some factors such as customary and statutory laws as. This is the place where it is most important that everything has proof and evidence. The basic legal framework for the acquisition of land in nigeria is the land use act, laws of the federation of nigeria 1990.
Methods of establishing land title in nigeria the legal responsibility of establishing ownership to land in nigeria is placed on the party who alleges that such a piece of property belongs to him or her. Nigeria is a major threat to food security in the country. There are two systems of land ownership in nigeria. This can increase womens dependence on husbands and male, landowning relatives and limit their access to credit and productive inputs. Relationship between land use act and other state land law. Communal land acquisition and valuation for compensation in nigeria sule, abass iyanda department of estate management, federal university of technology minna, nigeria abstract it is debatable that the nigerian land use act of 1978 has not absolutely transferred ownership of land to the governor of states in nigeria. The nature of land rights in the country is seen as grossly responsible for the inaccessibility to land. Youll also need to know the particulars of the property of interest. Reception and application of english law in nigeria. The governor of anambra state, 1 supreme court of nigeria law. Get free research paper on land reforms in nigeria. Communal land acquisition and valuation for compensation. While nigeria embraced government ownership, the united states have evolved to private ownership leaving individuals in control of natural resources.
It is important that you are dealing with right family or authorized representative. In addition, if the division of familyowned land is evident, this usually signifies an end to the communal or family ownership of the land. Land tenure reform refers to a planned change in the terms and conditions e. I am sure if a survey were taken, land matters would form the bulk of.
Land ownership in nigeria 1 published july 17, 2016 july 16, 2016. This is approved for students in accountancy, business, computer science, economics, engineering, arts. This paper examines womens property rights in nigeria. Nigeria is the thirteenth largest producer of crude oil with 2. In this type of system, the register describes the current property ownership and the outstanding charges and liens. Land use, land cover, and trends in nigeria west africa. Land grab, property rights and gender equality in pluralistic legal. In addition, if the division of familyowned land is evident, this usually signifies an end to the communal or family ownership of the. You know what will happen to you when you are caught driving without proof of ownership from the previous seller. Challenges in nigerian insititutional frameowrks for state and. Banks or other money transfer agents in both nigeria and the uae do not. The land use act being a federal stature established a uniform land ownership structure throughout nigeria. In doing so, it looks critically into nigerias compliance with the 1995 beijing platform of action.
Special focus land use in nigeria prior to the land use decree of 1978, the nigerian land tenure system had become the object of intense attack and defence by vested interests promoting their views on changes in the tenure system which would best increase food and fibre production. 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. Order of injunction circumstances where the court will grant an injunction damages where the court can award damages on trespass to land. Ownership of natural resources beneath the surface. Against this background, this study analyses the conceptual issues affecting land ownership and inheritance among the people of ogbe community in ahiazu mbaise local government area of imo state, southeastern nigeria, as it were during the historical traditional era down to the contemporary times. This can include both residential and commercial land transactions. Having all the documents required for a land purchase will help make your ownership legitimate after proper verification from the appropriate government agencies in charge of all land and land related issues in nigeria. Land titling and registration processes in nigeria the estate.
This study recommends that relevant government agencies. Despite early documentation of land ownership in nigeria and cameroons meek 1957, it. Land rights and land conflicts in africa carried out for the danish ministry of foreign affairs and coordinated by. In doing so, it looks critically into nigeria s compliance with the 1995 beijing platform of action. A lagos high court presided over by justice oyekan abdullahi, has granted bela vista property development company limited ownership of itedo land which had been a. 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. Federal republic of nigeria personal ownership of land in nigeria is recognized if the relevant law and custom of an area permit it. Prior to the colonial era, lands were solely owned by families and communities. Subject matter land law trespass to land proof of evidence.
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