Land is of basic importance in
traditional Nigerian society, and is communally owned, although family or company
ownership exists side by side with communal ownership. It is a source of wealth
and is greatly valued as a crucial factor of production moreover people acquire
land for many different reasons.
Land
constitutes a sensitive asset whose administration must be based on
meaningful policy decisions to benefit the people. Hence, no society
exists without a regulation of some kind peculiar to it to rationalize the mode
of ownership and the use of land, because land is limited, the law must step in
to discourage land speculation.
According to
the 1999 constitution (as amended), which is the ultimate legislation in
Nigeria, one’s right to one’s property is an entrenched constitutional right
which is inviolate. It follows therefore that any purported acquisition which
is not according to a law containing the above provisions or conditions is no
acquisition at all in the eyes of the law.
The Act also
provides that all land in a State is to be held in trust by the State Governor
for the benefit of 'all Nigerians'. As this provision does not show favoritism
between indigenes and non-indigenes of the State in question, properly applied
it would mean that all Nigerians have equal opportunity for acquiring land
throughout the entire country. By law, foreigners may also acquire land
wherever it is located in the country.
The Land Use
Act is a vague legislation in the sense that in theory the radical title to the
land is in the Governor but in practice, the radical title in the community,
family and individual has been maintained and preserved only with the
requirement that alienation of these interests must be with the consent of the
Governor.
Any person
interested in land ownership, it is advisable that you investigate and confirm,
with the help of a lawyer, that the seller has good title to pass on to you.
The last thing you want is for the supposed seller to part with your money and
find out that it was a sham.
Documentary
evidence of ownership is called title deeds or title documents. It is important
that the document being presented by the seller to the prospective buyer must
have been registered at the Lands Registry. This is because any document that
creates or purports to create any interest in land must be registered at the
Lands Registry.
The registration makes it a public document under the Evidence
Act and if the original copy is lost or destroyed, the certified true copy can
be used in appropriate cases.
When a
document is registered, the registration constitutes a notice to the whole
world of the interest in the land to which the land/document relates.
However,
if there is any defect in the title of the person in whose name the document
has been registered, the defect in the title cannot be cured by the
registration.
Generally, land registration describes systems
by which matters pertaining to ownership, possession or other rights in land
can be recorded usually with a government agency or department to provide
evidence of title, facilitate transactions and to prevent unlawful disposal.
Land
registration systems involve Deeds Recording and Title Registration.
i. Deed
recording is a system of giving publicity to land transactions and helping to
prevent concealed dealings. The act of recording a deed gives notice to the
public of a claimed interest inland and establishes priority against other
possible claimants to the same interest. System of deeds recording requires
certain information such as; a document presented for entry which normally
accepted at face Value, Survey plan, Boundary descriptions.
ii. Title
Registration is an authentication of the ownership of, or a legal interest in,
a parcel of land. The Act of title registration confirms transactions that
confer affect or terminate that ownership or interest and once the registration
process is completed no search behind the register is needed to establish a
chain of title to the property, for the register itself is conclusive proof of
title. This type of title is often referred to as indefeasible (or absolute).
There are
four key benefits of registration which include:
v Evidence
of Ownership
v Higher
Property Value
v Security of Title
v Ease of Transaction.
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