PROOF OF LAND OWNERSHIP IN NIGERIA
Proof of land
ownership is how one claims the right to land. It is the protection and degree
of control a person has over a parcel of land. This is just a way to pinpoint
each person’s land and a testament by the State that the said person has a
property right in the land.
A claim to ownership
of land in Nigeria may be established in any of the five main ways laid down by
the Supreme Court in the celebrated case of IDUNDUN & ORS V.
OKUMAGBA & ORS as follows:
- By traditional evidence in the form of
traditional history.
- By production of documents of title
- By proving the act of ownership and
possession over a sufficient length of time and are numerous and positive
enough as to warrant the inference that the person is the true owner.
- By proving acts of long possession and
enjoyment of land; and
- By proof of possession of connected and
adjacent land, in circumstances which make it probable that the owner of
such adjacent or connected land is probably the owner of the land in
dispute.
It should therefore
be noted that the five ways of proving title are not mutually connected. The
application of this principle can be seen in the case of BARTHOLOMEW
V. ISAAC IGBOASOIYI where the court held that one can establish
ownership by any of the five means and need not prove all. However, one can
also decide to prove one’s title using more than one of the ways stipulated but
each way of proof has its own set of rules.
Land can be
categorized as either free or encumbered or acquired. For land to be deemed
free, it implies that the government has not indicated or shown any interest
whatsoever in such a land. Such lands are safe to buy because the titles of the
land can be perfected with less stress. These types of lands would either have
a gazette or C of O or a governor’s consent. Land can be said to be encumbered
if such land has been used to secure a loan transaction or if there is an adverse
claim on such a land that is yet to be appropriately resolved. Land may also
fall under the acquisition of state government for an overriding public
purpose, such land is said to have been acquired by the government. However,
land acquisition by the government can either be committed acquisition or
non-committed. Where the acquisition of land by the government is committed, it
implies such land may never be released by the government to individuals at any
time in the future, it implies government intends to use such land for a public
purpose such as building roads, and schools or market. A non-committed land
acquired by the government may be subject to ratification and be released to
individuals for personal use through a process known as excision.
TYPES OF LAND DOCUMENTS IN NIGERIA
When it comes to
buying or selling land, there are several land documents involved. The nature
of ownership of the property will determine the applicable document for such a
property transaction. These documents will make the claim of land ownership
legitimate. The various types of land documents shall be enumerated below:
- CERTIFICATE
OF OCCUPANCY
It is an officially
recognized land document needed to exercise a degree of control over land
without interruptions to enjoyment and use. It is a document given by the state
or federal government, which leases lands to the owners for 99years. It is one
of the most popular property documents or titles in Nigeria
- DEED
OF ASSIGNMENTS
A deed of assignment
is a legal document that transfers the ownership of a property from one party
(assignor) to another (assignee). It is a very essential document that should
be demanded by a purchaser after buying any property. The deed will usually contain
a specific description of the property and the amount that it is sold.
- GOVERNOR’S
CONSENT
In a simple way,
where a person with the C of O decides to sell land to another person, the
consent of the government must be obtained before that transaction can be
valid. This process continues every time the property changes hand to a new
buyer.
- SURVEY
PLAN
This document shows
the boundary measurement of land for accurate measurement and description of
the land. This document is handled by Surveyors and is regulated by Surveyor
General.
- EXCISION
DOCUMENT
Where land is under
acquisition, the process whereby the government releases a portion and is
considered free is called excision. Excision properly spelt in a gazette will
form a good document for one to be certain that land is not under acquisition.
- GRANT
OF PROBATE & LETTER OF ADMINISTRATION
Where the original
owner of a property has died, a fresh title must be gotten from the probate
section of the High Court, which can either be a grant of probate or a letter of
administration. Such a document is one of the important land documents in
Nigeria as it gives the executors or administrators of the deceased the power
to legally transfer his or her property to another person
Because the only way
one can have a property right is to have a valid title, it is therefore
imperative for whosoever intends to buy a land or house in Nigeria to properly
have an understanding of what each document stands for and should duly involve
a property lawyer for full legal advice.
References:
Resolution Law Firm, Lexology Thenigerianlawyer, Mondaq, Vanguard
For more information about a land title in Nigeria
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