Land law in nigeria pdf merge

Land rights and land conflicts in africa carried out for the danish. Unit 7 nuisance and other common law solutions to environmental issues i. The land use act of 1978 covers the use and rental of public lands. The nigerian constriction, for one, makes provision for environmental protection and management in sections 12, 20, 33 and 34. Nigeria is a colonial creation whose final stage was the merge of southern and northern protectorate in 1914. Doing business doing business r law firm in lagos, nigeria.

For example, he has the absolute right to have the land. The land act 1999 arrangement of sections section title part i preliminary i. 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. Access to land in nigeria access to land refers to the means and ways by which individuals or groups obtain rights to use, control and transfer land property. Titled, a law to consolidate all laws relating to registration of land in lagos state, the law seeks, according to the attorney general and commissioner for justice, mr. Buying land in nigeria is one of the common property law transactions, which is administered by various legislations depending on the jurisdiction in nigeria. It states that it is in the public interest that the rights of all nigerians to the functionality of the town planning authorities in effecting urban and regional planning laws. The paper further contends that the present land ownership system in nigeria as enshrined in the land use act of 1978 has socialist inclinations with excessive. Overself into which citizens should merge their customary and local identities. This has reduced the scope for public participation in decisionmaking and hampered efforts to promote access to land.

Despite the existence of these laws and policies, urban land use management. Currently, there are more than one thousand law firms in nigeria. We live on it and finally rest on it the rules governing it are forever complex, because of tile conflicting claims to its ownership. Merger control 2020 laws and regulations nigeria iclg. Article 15 proof the right of land use and benefit can be proved by. Boston college third world law journal volume 10issue 1 article 3 111990 the indigenous land tenure and nationalization of land in nigeria p ehi oshio. Therefore, ownership of the land is typically merged. Law of contract 14 definition and puiposes 14 principles and nature of law of contract 14 scope of law of contract 15 classification of contracts. Nigeria came to share international land border with benin, niger, chad and cameroon. The global interest now in that system of registration of title should aim at combining the. Nor is a dealing in land automatically a pledge because of the transfer of possession and use of the land in question to one of the parties the question of accountability in the customary law pledge 1978 j. The rivers state likewise has an unimplemented recovery of possession edict. 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. Section 33 and 34 guarantee right to land and human dignity and it is said to associate with the necessity for safe and healthy environment.

This can include both residential and commercial land transactions. Pdf an assessment of the prospects of property tax. Its coast in the south is located on the gulf of guinea in the atlantic ocean. 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. Sec performs an allpervasive role in merger control in nigeria. In our previous article, we explained the procedure for buying property in lagos state. Land registration act, 1924 defined registrable instrument as a. Judicial precedent as a source of nigerian land law. African customary law is upheld by the south african constitution section 2.

Improving urban land use planning and management in. Pdf this paper sets out to examine the concept of ownership with. Statement of the problems the present condition of our rural land developments in nigeria has been a cause for concern in this study. Nature and sources of nigerian legal system nigeria became a federation in 1954 with the introduction of a federal constitution by the nigerian constitution. This paper sets out to examine the concept of ownership with respect to land within the confines of the provisions of the land use act and in the light of the diverse positions taken by scholars. Enhancing land titling and registration in nigeria fig. Land use control and natural resource management in nigeria. Whilst section 1 of the lua vests all land within the urban territory of each state with the exception of. In rural areas, declining soil fertility and soil erosion threaten the ability to produce sufficient food. As we explained above, land tenure is a legal phenomenon because they give. An appraisal of the evolution of environmental legislation in nigeria adebola ogunba this article discusses the evolution of environmental legislation in nigeria.

In addition, if the division of familyowned land is evident, this usually signifies an end to the. The state of lagos has an unenforced rent control of residential premises law and recovery of possession law. The land use act chapter 202 of the laws of nigeria 1978 and physical planning the preamble of the act leads to the background of the act. This study, in nineteen chapters, deals with the various issues pertaining to land law in nigeria. However, the focus of this article is to assess specifically the requirements for buying land in ogun state, nigeria. Nigeria landlinks landlinks was created by e3land, a. 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. A states there is no statutory provision governing the mode of creation of a legal mortgage in these states, therefore, the applicable law is still the common law subject to modifications introduced by the land use act, 1978. Negative changes in landscape quality, lowering both the productivity and aesthetic quality of the natural environment, may have serious effects on the nations economy.

This form of tax is reported to be one of the most stable sources of revenue to governments however. 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. May 20, 2011 land law status of a purchaser who takes possession of land pursuant to an unregistered registerable instrument. 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. Dealings in land which do not incorporate this characteristic can not rightfully be described as pledges. The use of international law in the domestic courts of ghana and nigeria 373 western states. In nigeria, increasing evidence indicates a deteriorating man land relationship. South africa, mozambique and nigeria, with a focus on the impact on customary land rightsholders.

After independence in 1960, the government of northern nigeria enacted a new law titled land tenure law 1962. Rather, the woman is often regarded as part of the property to be shared especially during the loss of her spouse. Nigeria witnessed an unprecedented wave of mergers and acquisitions in its banking sector in the post1995 and 2009 periods as a result of regulatory mandates issued by the central bank of nigeria, aimed at strengthening the capital base of nigerian banks. The borderlessborder and internal security challenges in.

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. Like many developing countries, nigeria has struggled to maintain a balance between its economic development and the sustainability of its environmental resources. Land tenure, land use and land acquisition in nigeria. There are various documents and procedures required to purchase land in nigeria. Fashola signs law to merge all land registration laws p. Beijing declaration and womens property rights in nigeria. Under nigerian law, access and ownership of land excludes the ownership of. The indigenous land tenure and nationalization of land in nigeria. The use of international law in the domestic courts of ghana and nigeria 375 agreement that provided the terms on which the two nations would interact peacefully and assist each other in matters of defense. The only control imposed by law on the lineages and other local land. Download this land law text book from national open university. The major problem facing our rural land development is the negative effects which have come with introduction of land use act, 1978 in nigeria.

Cameroon landlinks landlinks was created by e3land, a. It addresses four important issues arising from the former land tenure systems in nigeria. The land title registration was introduced in ghana by the promulgation of the land title registration law 1986 pndcl. African land matters are governed by a blend of customary and. Practice and procedure statement of claim effect of relief in writ of summons not claimed in statement of claim. The borderlessborder and internal security challenges in nigeria. Accordingly, as a general rule in nigeria, whoever owns the land, owns the building thereon. It includes the surface soil together with the things on it which are enjoyed as being part and parcel of the land. 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. Trust, administration, law, real property introduction under the common law, land means more than the physical soil. It is pertinent to note that one of the major declarations of the 1962 land tenure law, like its predecessor, was that all lands in north ern nigeria were under the control and subject to the disposition of the governor and were to be held and administered for the use and common. It is to provide a machinery for the registration of title to land and interests in land. Equitable rights are rights against certain persons only. Land use plans the principles for the development and approval of land use plans shall be defined by law.

Famoriyo institute for agricultural research ahmadu bello university zaria nigeria abstract 75 % of nigeria s total population of 70 million inhabitants live in rural areas, which explains how extremely important any measures concerning land change are in this country. 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. What to do with the land use act nigerian law guru. Conveyancing, as it is known, is the process by which ownership of land is transferred between a seller and a buyer. Fundamental principles of national land policy part iii classification and tenure of land 4. Outstanding issues from compulsory acquisition of large tracts of land. Theories of land reform and their impact on land reform. Nigeria, land reform activities presidential committee. Land policies and agricultural productivity in nigeria.

It will also explain how land and marriage impact upon the bundle of rights that individuals. The legal profession in nigeria derives its origin from the english legal. Lessons of experience and emerging issues international institute for environment and development, london. What to do with the land use act by layi babatunde on march 29, 1978, a rather monstrous and bizarre law of general application over land in nigeria, entitled the land use act 1978, came into effect. Jan 08, 2017 land law is rightly categorised under civil law since it involves a relationship between private citizens. Prior to 1978, nigerias system of customary land tenure provided families and individuals with use rights to rural land for agriculture and urbantown plots for housing that were heritable within families and lineages. L5, laws of the federation of nigeria 2004 the lua governs the ownership and use of, as well as the general administration of land, in nigeria.

The legal profession in nigeria derives its origin from the english legal system and legal profession. Right of landowners to lateral and subjacent support the owner of real property not only has the right to possess his land but he also has certain other specific rights. Merger control laws and regulations nigeria covers common issues in merger control laws and regulations including relevant authorities and legislation, notification and its impact on the transaction timetable, remedies, appeals and enforcement and substantive assessment in 55 jurisdictions. Real estate 2020 laws and regulations nigeria iclg. Land tenure for most people in cameroon is therefore insecure. But you will agree with me that not all of the law firms in nigeria are good enough to be called a good law firm because, some of them lack competent administrative heads. Pdf the land use act and land ownership debate in nigeria. The apex regulatory institution in relation to merger control is the securities and exchange commission sec. Cameroon is classified as national land, including farmland and communal land held under customary law. The land use act of 1978 is made up of eight parts of fiftyone sections.

The government can convert national land into state land and allocate use rights to it e. Evidence statement on oath duty of the trial court to decide between two versions. Land law latest nigerian supreme court cases page 2. Despite early documentation of land ownership in nigeria and cameroons. Land law is rightly categorised under civil law since it involves a relationship between private citizens. Download land law text book pdf law repository nigeria. Since joining the university in 2002 he has managed a research project for. The land use act 1978 should be amended to capture the prevailing realities around customary laws and informal markets. Sec was established by section 1 of the investment and securities act 2007 isa cap i24 lfn 2004. After the british government assumed direct control of the royal niger companys territories, the northern areas were renamed the protectorate of northern nigeria, and the land in the niger delta and along the lower reaches of the river was added to the niger coast protectorate, which was renamed the protectorate of southern nigeria.

It includes the surface soil together with the things on it which are enjoyed as being part and parcel. History thus, perhaps for the sake of convenience and to separate. Women and land rights reforms in nigeria bioye tajudeen aluko and abdulrasheed amidu, nigeria key words. Land lawstatus of persons who hold interest in land by virtue of a statute. Land law nigeria by national open university, nigeria file type. This land tenure system of southern nigeria created a number of problems for land management in the country. Since no freehold interest in land can be acquired in nigeria, the relevant law is that applicable to the creation of a legal mortgage of. The indigenous land tenure and nationalization of land in. This goes to show the effect of population growth on land tenure system in nigeria. Historical development, current issues and future expectations. Right of entry or bringing action to recover land or rent, limited 4.

Ade ipaye, to enable lagosians have easy access to register their proprietary interest in land seamlessly, among others. Most disturbing is that, though statutory law and international laws have affirmed womens rights to land and other. Legal barriers impede womens access to resources1 a womans ability to own, inherit and control land and. The land use act and land ownership debate in nigeria. Anything outside the pleadings that is sought to form part of the trial must be ignored as it goes to no issue a.

When forfeihme is not taken by remainderman, he shall have a new right when estate comes into possession. The rights of land use and benefit, whether acquired through occupancy or approval of an application, shall now be subject to the present law, subject to any acquired rights. Two key legislations have been enacted since independence. This paper gives an historical account of land laws decrees, and others in relation to land development and planning in nigeria with more emphasis on the current law. It is for this reason it has been said that the study of land law is a. That in spite of the incursion of the act in the land tenure system of nigeria, customary law still dominates and. Pdf on aug 1, 2010, nwamaka iguh and others published conflicts of laws in nigeria find, read and cite all the research you need on researchgate. It is easy to see from the figure that the space of land held by a single individual has reduced drastically between 1968 and 2008. 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. Mortgage, pledge and charge transactions in nigeria. Land tenure law of northern nigeria of 1962 and land use act of 1978. Issues of public participation and access to land in nigeria bola fajemirokun land administration under the uniform system of land tenure, which nigeria has practised since 1978 is centralized. Property tax is generally a tax imposed by municipalities upon owners of real property within their jurisdiction based on the value of such property.