Types Of Legal Ownership Of Land In Nigeria~ What you need to know

Based on practical years of experience with a lot of clients and investors, and recognizing the fact that most people are not aware of the legal tones with ownership of Land in Nigeria.  I dim it fit to enlighten  people on this matter.  

I will therefore highlight these five types of legal ownership for the purpose of informing Nigerians and non Nigerians on this position of the law because I believe that information is power.

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.

2. By acts of Ownership extending over a sufficient length of time which acts are numerous and positive enough to warrant the inference that they are owners

3. By acts of long possession and enjoyment of the land in dispute

4. By the production of the documents of title which must be authenticated

5 By proof of possession of connected or adjacent land in circumstances rendering it probable that the owners of such connected or adjacent land would in addition be the owners of the land in dispute.

I will try and explain each of these types of ownership:

1 BY TRADITIONAL EVIDENCE. The Nigerian law first and foremost gives recognition to traditional or customary land ownership notwithstanding the Land Use Act. This means in effect that people who have “founded” and “settled” on land over the years in the olden days are deemed to be the owners of such land. Consequently the title of traditional land owners is legal, proper and genuine. They need not have certificate of occupancy to prove their land ownership.

2 BY ACTS OF OWNERSHIP EXTENDING OVER A SUFFICIENT LENGTH OF TIME WHICH ACTS ARE NUMEROUS AND POSITIVE ENOUGH TO WARRANT THE INFERENCE THAT THEY ARE OWNERS. The Nigerian law also gives legal ownership over land to people who cannot by positive traditional evidence show how they “founded” or “settled” on the said land if they can show that they and their ancestors have lived on the land for years without being challenged.

3, BY ACTS OF LONG POSSESSION AND ENJOYMENT OF THE LAND IN DISPUTE. Where the land owner cannot prove their land ownership by positive traditional evidence or show that their enjoyment of the land is not challenged or controverted , but if they can show that their adversaries in respect of the land have failed to take positive legal steps to “wrestle” the ownership land in dispute from them over a long period of time, they will then be deemed to have legal ownership of the said land.

4. BY THE PRODUCTION OF THE DOCUMENTS OF TITLE WHICH MUST BE AUTHENTICATED: This cover all instances of formal land documents which will include the certificate of occupancy and other documents issued by the government

It is very important that such documents of title must be premised and authenticated upon the earlier mentioned roots of title. Consequently, a mere certificate of occupancy will not confer legal ownership if it can be shown that the root of title is defective. A certificate of occupancy procured through fraud and misrepresentation will be set aside and considered to be of no legal effect whatsoever.

It is therefore very important that all prospective purchasers, investors or dealers in respect of real estate or landed properties must conduct investigation and ensure that the root of title of such documents of title is good, proper and founded on other evidences of title ownership before any reliance can be placed on them.

5.BY PROOF OF POSSESSION OF CONNECTED OR ADJACENT LAND IN CIRCUMSTANCES RENDERING IT PROBABLE THAT THE OWNERS OF SUCH CONNECTED OR ADJACENT LAND WOULD IN ADDITION BE THE OWNERS OF THE LAND IN DISPUTE.: This would probably occur where there is no dispute that a particular vast expanse belongs to a particular persons or persons. Such persons would also be deemed to be owners of smaller surrounding parcels of land if there is no other evidence to the contrary

It is therefore very important that all investors and dealers of real estate in Nigeria should arm themselves with this piece of information in order to protect their investment.

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