Nigerian Land Use Act: What This Means for Property Buyers
Nigerian Land Use Act is one of the most important laws you need to understand when you want to buy property in Nigeria. This law was made in 1978, and it changed the way people own land in Nigeria. For property buyers, this Act presents both opportunities and challenges. In this article, we will explain the Act, its important rules, and how it affects property buyers in Nigeria.
Introduction to Nigerian Land Use Act
The Land Use Act was created in 1978 to fix issues about who owns land and how it is shared in Nigeria. Before this law, it was hard to know who really owned land, and many people had disagreements about land ownership. The Act gave control of all land to the state governments, so they can manage it for the people.
Why It Was Created
The Nigerian government made this Act to stop rich people from controlling most of the land. Before, only a few rich people owned most of the land, and normal citizens couldn’t easily get land. The law’s goal is to make land available for everyone, like farmers, small business owners, and people who want to build houses.
Purpose and Intent of Nigerian Land Use Act
This law gave the power to the state Governors to control land ownership. The Governor can decide who can use the land and for what reason. The idea behind this is to stop people from keeping land without using it and to make sure land is used in a way that helps the public, like for building schools, roads, or hospitals.
Key Provisions of the Land Use Act
There are some important points in the Land Use Act that every property buyer should know.
Ownership Structure
According to this law, nobody can really own land fully. Instead, the government owns all the land, and individuals can only lease land. This type of ownership is called Right of Occupancy. People or companies can get this right for a certain number of years, usually 99 years.
Role of the Governor
The Governor of each state has the power to give out land to people. They can also take away land if the land is needed for public projects, or if the person who got the land doesn’t use it in the correct way. So, the Governor is in charge of deciding who can use the land and for how long.
Right of Occupancy Explained
The Right of Occupancy means you have the right to live on or use a piece of land, but it doesn’t mean you own it forever. There are two types: statutory and customary rights. Statutory rights are more common in cities, while customary rights are used more in rural areas.
Impact of the Land Use Act on Property Buyers
If you want to buy property in Nigeria, the Land Use Act has a big effect on how you can own land.
Limitations on Land Ownership
Since the government owns all the land, what you are really buying is not the land itself, but the right to use it. This can feel different if you are used to other countries where you can own land forever, but in Nigeria, it’s usually a leasehold system.
Leasing vs. Freehold Ownership
While some countries let you own land forever (freehold ownership), in Nigeria, you usually only get the right to use the land for 99 years. This can be important for your long-term plans, especially if you want to leave the property to your children.
Governor’s Consent Requirement
One big rule in the Land Use Act is the need for Governor’s Consent. If you buy land or transfer ownership, the Governor must give his approval. If you don’t get this consent, the deal isn’t considered legal, and you might have problems later. Unfortunately, getting the Governor’s Consent can take a lot of time and money, but it is an important step you must follow.
Certificate of Occupancy (C of O): Importance and Process
A Certificate of Occupancy (C of O) is a very important document that shows you have the right to use a piece of land.
What is a C of O?
This certificate is given by the government to show that you have legal permission to use and live on the land for a set period. Without this document, your claim to the land could be questioned in court, and someone else might try to take it from you.
How to Obtain a C of O in Nigeria
To get a C of O, you need to apply to the state government. You will need to fill out some forms, provide a survey of the land, and pay some fees. This process can take a few months, depending on how fast the government works.
Benefits of a C of O for Buyers
Having a C of O makes your ownership more secure. It proves you have the legal right to use the land and protects you against future disputes. Also, if you want to get a bank loan, having a C of O makes it easier to use your land as collateral.
Governor’s Consent: A Crucial Step for Buyers
One of the most important steps in buying land in Nigeria is getting Governor’s Consent.
Why Governor’s Consent is Necessary
Without the Governor’s Consent, your purchase of the land is not valid under the law. The Act says any transfer of land must be approved by the Governor, so if you skip this step, your land deal can be canceled later, and you won’t have any rights to the land.
Steps to Obtain Governor’s Consent
To get this consent, you must submit an application to the Governor’s office. You will also need to provide a lot of documents, like your C of O, and pay some fees. Once everything is in place, the Governor reviews the application and decides if you can have the consent or not.
Common Challenges in Securing Consent
The process can take a long time, and sometimes the fees can be quite high. There is also a lot of paperwork, and mistakes in the documents can cause delays. Even though it is a hard process, getting the Governor’s Consent is necessary to protect your investment.
Risks Associated with Property Purchases Under the Act
While the Act offers protection, there are still some risks when buying land under this law.
Revocation of Land Rights
The government can take back land if it is needed for public purposes, like building a road or a school. Even though they will usually pay compensation, this is a risk that property buyers should keep in mind.
Disputes Over Occupancy Rights
Many land disputes in Nigeria happen because people claim land based on different rules, especially customary laws. These disputes can take a long time to solve, and you might spend a lot of money on legal fees if there is a disagreement.
Importance of Due Diligence
Before buying any land, it is very important to check everything carefully. Make sure the land title is valid, all documents are correct, and there are no legal issues. It’s also smart to talk to a lawyer who understands property law in Nigeria.
Steps for Securing Safe Property Ownership
When buying property in Nigeria, it’s very important to follow the right steps to make sure your ownership is secure. Here are the key steps you need to follow:
Legal Documentation Required
To safely own property, you need to have all the necessary legal documents. This includes the Certificate of Occupancy (C of O) and, in many cases, Governor’s Consent. These documents are proof that you have the legal right to occupy and use the land. Without them, your ownership may be challenged, and you could lose the property. Additionally, make sure you get a copy of the survey plan of the land, which shows its exact size and boundaries.
Consulting with Property Lawyers
Before finalizing any land purchase, it’s very important to consult with a property lawyer. A lawyer will help you review the legal documents, check if the land title is valid, and guide you through the process of securing the Governor’s Consent. They will also advise you on how to avoid potential problems like land disputes or fraud. Property laws can be complicated, and getting professional legal advice ensures that you won’t face unexpected issues later.
Verifying Land Title History
Another critical step is to verify the history of the land title. This means checking the ownership records to make sure the seller is the legal owner and that there are no previous claims or legal disputes over the land. A property lawyer can help you do this by conducting a search at the state land registry. Verifying the land title ensures that you are not buying land that has already been sold to someone else or that is involved in a legal case.
Disputes and Litigation Under the Land Use Act
Land disputes are common in Nigeria, and they can lead to long legal battles. Understanding the causes of disputes and how to resolve them is key to avoiding problems.
Common Causes of Land Disputes
Land disputes usually happen because of disagreements over who owns the land or how the land should be used. One common cause is when two or more people claim the right to the same piece of land, often due to unclear land titles. Disputes can also occur when someone’s right to use land is revoked by the government for public purposes, or when boundaries between properties are unclear.
How to Resolve Property Conflicts
To resolve land disputes, the first step is to gather all the legal documents related to the property, such as the C of O, Governor’s Consent, and survey plan. If the dispute cannot be settled privately, it is best to seek the help of a lawyer or a mediator who can help both parties reach an agreement. Sometimes, traditional leaders or local authorities can also help resolve disputes, especially if the land is under customary law.
Role of Courts in Land Disputes
If a land dispute cannot be settled out of court, the next step is to take the matter to court. The courts have the authority to decide who has the legal right to own or use the land. They will review all the documents and evidence and give a final judgment. However, court cases can take a long time, so it’s always better to try and settle disputes outside the courtroom if possible.
Buying Property in Urban vs. Rural Areas
Buying property in Nigeria is different depending on whether you’re looking at urban or rural areas. Each area comes with its own set of advantages and challenges.
Urbanization and its Effect on Land Prices
In urban areas, where cities are growing fast, the demand for land is very high. This has caused land prices to rise quickly. People want to buy land in cities for both residential and commercial purposes, making it very competitive. Urbanization has also led to better infrastructure, such as roads, electricity, and water supply, which can increase the value of land even more.
Land Ownership in Rural Areas
In rural areas, land prices are usually much lower than in cities. However, ownership of land in rural areas is often controlled by traditional or customary laws. This means that land is sometimes owned by communities or families, making it more difficult to buy individual plots. Also, the legal documentation for rural land may not be as complete as it is in cities, which can lead to ownership disputes.
Pros and Cons of Buying in Rural vs. Urban Areas
Buying land in urban areas is often more expensive, but it comes with many benefits like good infrastructure, better access to services, and a higher chance of appreciation in value. On the other hand, buying land in rural areas is cheaper, and you may get a larger piece of land for the same price. However, the lack of infrastructure and legal complexities can make it more challenging to develop the land or resell it in the future.
Role of Local Authorities and Land Commissions
Local authorities and land commissions play a big part in how land is managed in Nigeria. Knowing their role can help you understand how land is allocated and the processes you need to follow when buying property.
The Role of State Governments
Under the Land Use Act, state governments have full control over all the land within their states. The Governor is responsible for giving people the right to use land and for managing land resources in the public interest. This means that every land transaction must go through the state government, including getting Governor’s Consent for any property purchase.
Powers of Local Authorities
Local authorities, like city or town councils, also have some control over land, especially in areas like zoning and land development. They decide how land should be used, whether for residential, commercial, or agricultural purposes. Before buying land, it’s important to check with the local authority to see if there are any restrictions on how you can use the land.
How Land Commissions Affect Buyers
Land commissions are set up by the government to manage and regulate land use. They are responsible for keeping records of land ownership, issuing Certificates of Occupancy, and resolving disputes over land. If there are any legal issues with the land you want to buy, the land commission will be involved in sorting them out. Buyers should make sure they follow all the procedures required by land commissions to avoid future problems.
Conclusion
Nigeria’s Land Use Act plays a big role in deciding how people can own land in the country. As someone looking to buy property, it’s important to know the key points of the Act, like the Right of Occupancy, why you need a Certificate of Occupancy, and how getting Governor’s Consent is necessary. If you don’t follow these rules, you might face problems later. That’s why it’s really important to do careful checks before buying and to get help from professionals to avoid mistakes.
Giwa Realty can make this process much easier for you. We have a team of experts who understand all the legal requirements under Nigeria’s Land Use Act. We help property buyers with getting the Certificate of Occupancy, securing Governor’s Consent, and making sure everything is done correctly. With Giwa Realty, you can feel confident that your property purchase is safe and legal, so you don’t have to worry about future issues. We handle all the complicated paperwork and legal steps, making your property investment smooth and easy. Contact us for a consultatation today!
