Hi Naijatipslanders, is there anyone here who knows the laws and regulations regarding land ownership in Nigeria?
1 Answers
The Land Use Act was therefore designed to achieve the following objectives
(Salami, 2014);
i. Make land easily accessible to all Nigerians
ii. Prevent speculative purchases of communal land
iii. Streamline and simplify the management and ownership of land
iv. Make land available to government at all levels for development
v. Provide the system of Government administration of rights that will improve tenure security Highlight of the Provision of The Land Use Act
i. The Act vests all urban lands comprised in the territory of each
State (except those vested in the Federal Government or its
Agencies) solely in the Governor to hold in trust for the people
and allocate to individuals and organisations for residential
among other uses.
ii. The Governor’s task is supposed to be carried out with aid of an
advisory Land Use and Allocation Committee (LUAC). The LUAC
is also to advise on matters related to resettlement of persons
affected by title revocation as well as determine dispute arising
from amount of compensation payable for improvement on
land.
iii. The Act also vests in the Chairman of the Local Government all
land that are not within urban areas (i.e. rural) to hold in trust for
the people. The Chairman is to be assisted by a Land Allocation
Advisory Committee (LAAC), which has responsibility for advising
the Local Government on any matter connected with
management of land.
iv. The Land under the control and management of the Governor
shall be administered, where the land tenure law of former
Northern Nigeria applies, in accordance with the provisions of
that Law (Northern Law); but in every other case, in accordance
with the provisions of the State Land Law applicable in respect of
the State Land or land tenure Law, as the case may be, with
modifications as would bring those Laws into conformity with this
Act.
v. It provides that the Governor shall have right to grant Statutory
Right of Occupancy to any person on all Lands (urban and rural)
for all purposes. That grant may include easement,
appurtenance and demand for rentals (at specified intervals) as
well as revision of same, therewith.
vi. The Governor also has right to impose penal rent for breach of
conditions related to subsequent transactions on allocated lands
(i.e. sale in part or whole, mortgage, transfer, sublease or
bequest) without Governor’s prior approval.
vii. He is empowered to waive any of the conditions attached to the
Statutory Right of Occupancy in certain special circumstances or
extend the time required of any holder of a Statutory Right of
Occupancy to perform any of the conditions attached
therewith. It provides for Local Government Chairman to grant Customary
Right of Occupancy to any person or organisation over non-
urban lands for agricultural (maximum 500 hectares), grazing
(maximum 5000 hectares), residential and other purposes. This
right he has exclusively against all persons except the Governor.
ix. That the Governor reserves the right to grant Certificate of
Occupancy at prescribed fees (including for unexhausted
improvement) and rent on both urban and non-urban lands and
application for same.
x. He also has right to grant license to any person to enter
unencumbered land (not above 400 Hectares and under other
specified conditions) and remove or retract therefrom
construction materials such as stones, gravel, clay for building or
manufacture of building materials for a specified period.
xi. That he is also vested with the Right to waive or reduce the rent
on Statutory Right of Occupancy in public interest.
xii. Also granted is a Right to charge penal rent for breach of any
covenant attached to Statutory Right of Occupancy for a year;
or increase such rent daily or revoke the title if unremitted after
the period.
xiii. Alienation by assignment, mortgage, transfer of possession,
sublease of a Customary Right of Occupancy in cases where
property is to be sold by or under the Order of any Court, shall be
with the consent of the Governor but if otherwise, (not through
Court process) by the consent of appropriate Local Government.
xiv. Alienation, in any form, of a Statutory Right of Occupancy is only
valid by the consent of the Governor.
xv. It shall be lawful for the Governor to revoke a Right of Occupancy
(Statutory or Customary) with adequate notices for overriding
public interest.
xvi. The holder or occupier of a property that is subject to revocation
is entitled to compensation to the tune of the value at the date
of revocation of their unexhausted improvement, crops or
economic trees.
xvii. Where a revocation affects a residential building, a discretional
compensation can be in the form of resettlement (i.e. reasonable
alternative accommodation).
xviii. There is transitional provision to ensure that any titleholder is made
to comply with the provisions of the Act as it affects his property,
not cheated in the process nor is government denied its own
right. Provides that the Governor shall designate part of the area of the
territory of the State as Urban area.
xx. That no person is entitled to an allocation of any land for
residential purpose in excess of half a hectare.
xxi. All land already in use before and after the Land Use Decree can
be acquired by the Government for overriding public interest
through revocation of Right of Occupancy.
xxii. Revocation on Right of Occupancy will be carried out whenever
an occupier commits a breach of some of the terms and
conditions specified in the Certificate of Occupancy.
xxiii. Alienation of part or whole of any land title granted to an
Occupier through assignment, mortgage, sub-lease and transfer
of possession, without the consent of the Governor, is considered
an offense, which may result to revocation of Right of
Occupancy.
xxiv. All unused or vacant land, apart from farmlands under fallow
from the date of the Decree, belongs to the State Government
as against any person or community.
(Salami, 2014);
i. Make land easily accessible to all Nigerians
ii. Prevent speculative purchases of communal land
iii. Streamline and simplify the management and ownership of land
iv. Make land available to government at all levels for development
v. Provide the system of Government administration of rights that will improve tenure security Highlight of the Provision of The Land Use Act
i. The Act vests all urban lands comprised in the territory of each
State (except those vested in the Federal Government or its
Agencies) solely in the Governor to hold in trust for the people
and allocate to individuals and organisations for residential
among other uses.
ii. The Governor’s task is supposed to be carried out with aid of an
advisory Land Use and Allocation Committee (LUAC). The LUAC
is also to advise on matters related to resettlement of persons
affected by title revocation as well as determine dispute arising
from amount of compensation payable for improvement on
land.
iii. The Act also vests in the Chairman of the Local Government all
land that are not within urban areas (i.e. rural) to hold in trust for
the people. The Chairman is to be assisted by a Land Allocation
Advisory Committee (LAAC), which has responsibility for advising
the Local Government on any matter connected with
management of land.
iv. The Land under the control and management of the Governor
shall be administered, where the land tenure law of former
Northern Nigeria applies, in accordance with the provisions of
that Law (Northern Law); but in every other case, in accordance
with the provisions of the State Land Law applicable in respect of
the State Land or land tenure Law, as the case may be, with
modifications as would bring those Laws into conformity with this
Act.
v. It provides that the Governor shall have right to grant Statutory
Right of Occupancy to any person on all Lands (urban and rural)
for all purposes. That grant may include easement,
appurtenance and demand for rentals (at specified intervals) as
well as revision of same, therewith.
vi. The Governor also has right to impose penal rent for breach of
conditions related to subsequent transactions on allocated lands
(i.e. sale in part or whole, mortgage, transfer, sublease or
bequest) without Governor’s prior approval.
vii. He is empowered to waive any of the conditions attached to the
Statutory Right of Occupancy in certain special circumstances or
extend the time required of any holder of a Statutory Right of
Occupancy to perform any of the conditions attached
therewith. It provides for Local Government Chairman to grant Customary
Right of Occupancy to any person or organisation over non-
urban lands for agricultural (maximum 500 hectares), grazing
(maximum 5000 hectares), residential and other purposes. This
right he has exclusively against all persons except the Governor.
ix. That the Governor reserves the right to grant Certificate of
Occupancy at prescribed fees (including for unexhausted
improvement) and rent on both urban and non-urban lands and
application for same.
x. He also has right to grant license to any person to enter
unencumbered land (not above 400 Hectares and under other
specified conditions) and remove or retract therefrom
construction materials such as stones, gravel, clay for building or
manufacture of building materials for a specified period.
xi. That he is also vested with the Right to waive or reduce the rent
on Statutory Right of Occupancy in public interest.
xii. Also granted is a Right to charge penal rent for breach of any
covenant attached to Statutory Right of Occupancy for a year;
or increase such rent daily or revoke the title if unremitted after
the period.
xiii. Alienation by assignment, mortgage, transfer of possession,
sublease of a Customary Right of Occupancy in cases where
property is to be sold by or under the Order of any Court, shall be
with the consent of the Governor but if otherwise, (not through
Court process) by the consent of appropriate Local Government.
xiv. Alienation, in any form, of a Statutory Right of Occupancy is only
valid by the consent of the Governor.
xv. It shall be lawful for the Governor to revoke a Right of Occupancy
(Statutory or Customary) with adequate notices for overriding
public interest.
xvi. The holder or occupier of a property that is subject to revocation
is entitled to compensation to the tune of the value at the date
of revocation of their unexhausted improvement, crops or
economic trees.
xvii. Where a revocation affects a residential building, a discretional
compensation can be in the form of resettlement (i.e. reasonable
alternative accommodation).
xviii. There is transitional provision to ensure that any titleholder is made
to comply with the provisions of the Act as it affects his property,
not cheated in the process nor is government denied its own
right. Provides that the Governor shall designate part of the area of the
territory of the State as Urban area.
xx. That no person is entitled to an allocation of any land for
residential purpose in excess of half a hectare.
xxi. All land already in use before and after the Land Use Decree can
be acquired by the Government for overriding public interest
through revocation of Right of Occupancy.
xxii. Revocation on Right of Occupancy will be carried out whenever
an occupier commits a breach of some of the terms and
conditions specified in the Certificate of Occupancy.
xxiii. Alienation of part or whole of any land title granted to an
Occupier through assignment, mortgage, sub-lease and transfer
of possession, without the consent of the Governor, is considered
an offense, which may result to revocation of Right of
Occupancy.
xxiv. All unused or vacant land, apart from farmlands under fallow
from the date of the Decree, belongs to the State Government
as against any person or community.
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