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:

1. By traditional evidence in the form of traditional history.
2. By production of documents of title
3. 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.
4. By proving acts of long possession and enjoyment of land; and
5. 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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