UNIT 2

MODES OF ACQUISITION OF LAND

In Nigeria, land can be acquired through various means. The main modes of acquisition are through inheritance, purchase, gift, adverse possession, and allocation by government or community leaders.

1. Inheritance: Inheritance is one of the most common methods of land acquisition in Nigeria. Land is passed down from generation to generation according to the customary laws or statutory laws governing succession. Under customary law, the eldest son often inherits the land, but this can vary depending on the ethnic group. Under statutory law, the Wills Act and Administration of Estates Law guide the inheritance process.
2. Purchase: Land can be acquired by purchase, which involves a buyer paying a consideration to a seller in exchange for land. The process is formalized through the execution of a Deed of Assignment. See the Land Use Act 1978, Section 22, which stipulates that the Governor's consent must be obtained for the validity of such transactions and the case of Savannah Bank Ltd v Ajilo (1989) 1 NWLR (Pt. 97) 305 which emphasizes the necessity of obtaining this consent.
3. Gift: this is where land can also be acquired as a gift. This is a voluntary transfer of land from one person to another without consideration. For such a gift to be valid, it must be documented in writing, especially under statutory law. See the case of Abisogun v. Oshodi (2001) FWLR (Pt. 75) 546 which highlighted that for a gift of land to be valid, there must be delivery, acceptance, and a deed of gift executed.
4. Adverse possession: Adverse possession is the process by which land can be acquired by occupying it without the permission of the owner for a statutory period. In Nigeria, the period is generally 12 years under the Limitation Act. The occupier must show continuous and exclusive possession. See the case of Da Costa v. Ikomi (1968) 1 All NLR 394 which illustrates the principles of adverse possession.
5. Allocation by government or community leaders: this is where land can also be acquired through allocation by the government or community leaders. Government allocations are typically for urban lands, while community leaders handle allocations in rural areas. See the Land Use Act 1978 which vests all land in the state in the Governor, who holds it in trust and administers it for the use and common benefit of all Nigerians.

DERIVATIVE TITLE

Derivative title refers to a situation where a person derives their title to land from another person's existing title. This can occur through various legal transactions, such as sale, lease, mortgage, or inheritance.

1. Sale: When land is sold, the buyer derives their title from the seller's existing title. It is essential to conduct thorough due diligence to ensure that the seller has a valid and unencumbered title. The Deed of Assignment is the instrument used to transfer the title. See the case of Awojugbagbe Light Industries Ltd v Chinukwe (1995) 4 NWLR (Pt. 390) 379 which underscores the importance of verifying the seller's title.
2. Lease: In a lease, the lessee derives their right to use and occupy the land from the lessor's title. A lease agreement must be properly documented and, if it exceeds three years, registered according to the Registration of Titles Act.
3. Mortgage: A mortgage involves the transfer of interest in land as security for a loan. The mortgagor retains ownership while the mortgagee holds an interest in the land until the loan is repaid. See the case of Ogunbambi v Abowaba (1951) 13 WACA 222 which explains the rights and obligations of parties in a mortgage transaction.
4. Inheritance: As mentioned earlier, inheritance is a means of acquiring land. The inheritor derives their title from the deceased’s existing title, subject to the rules of succession.

CONTROL AND MANAGEMENT OF COMMUNITY LAND

Community land in Nigeria is typically managed according to customary law, which varies among different ethnic groups. The control and management are often vested in traditional leaders or family heads.

1. Role of traditional leaders: this is where traditional leaders, such as kings, chiefs, or family heads, play a crucial role in the control and management of community land. They allocate land to community members, resolve disputes, and ensure that land is used in accordance with customary practices. See the case of Amodu Tijani v Secretary, Southern Nigeria (1921) AC 399 (PC) which affirmed the role of traditional leaders in managing community land.
2. Allocation of land: Allocation of land within the community is typically done by the traditional leaders based on customary law. Individuals or families are granted rights to use specific portions of land, but the ultimate ownership remains with the community. This communal ownership is meant to ensure equitable distribution and prevent landlessness.
3. Dispute resolution: Disputes over community land are usually resolved by the traditional leaders or through customary courts. These disputes often involve issues of boundary demarcation, inheritance, or unauthorized use of land. See the case of Oloto v Williams (2010) LPELR-CA/L/212/2008 which highlights the importance of traditional dispute resolution mechanisms.

INDIVIDUAL RIGHTS IN COMMUNITY LAND

While community land is owned collectively, individuals within the community can acquire certain rights to use and enjoy specific portions of land. These rights are generally recognized and protected by customary law.

1. Use rights: Individuals have the right to use the land allocated to them by the community leaders for various purposes, such as farming, building, or grazing. These use rights are typically inheritable and can be passed down to descendants. See the case of Adesanya v Otuewu (1993) 1 NWLR (Pt. 270) 414 which illustrates the recognition of individual use rights in community land.
2. Possession rights: Possession rights refer to the physical control and occupation of the land. While the community retains ultimate ownership, individuals have exclusive possession of the land allocated to them. This possession is protected against trespass or unlawful interference.
3. Transfer rights: In some cases, individuals may have the right to transfer their use rights to others, either through sale, lease, or gift, subject to the approval of the community leaders. However, such transfers must comply with customary law and may require the consent of the traditional authorities.
4. Inheritance rights: Inheritance rights allow individuals to pass their use rights in community land to their heirs. These rights are typically governed by customary law, which may vary between different ethnic groups. See the case of Idehen v Idehen (1991) 6 NWLR (Pt. 198) 382 which demonstrates the application of inheritance rights in community land.
5. Limitations on individual rights: While individuals have certain rights in community land, these rights are subject to limitations imposed by customary law and the authority of the community leaders. For instance, individuals may be restricted from using the land in ways that are considered detrimental to the community or against customary practices.

CONCLUSION

In conclusion, the acquisition, control, and management of land in Nigeria involve a complex interplay of statutory and customary laws. Understanding these laws and their application is essential for anyone involved in land transactions or disputes in the country.