In reality, the heads of the family and community originally owned land. Alienation of Family Property in Southern Nigeria-Rudolph William James 1966 Cases on Nigerian Land Law-M. O. Olaitan 1978 Gibson's Conveyancing-Albert Gibson 1964 New Essays in African Law-Antony N. Allott 1970 Alienation of such land is not possible without consent of the community. Synopsis : Alienation of Land in the Northern States of Nigeria written by J. O. Ijaodola, published by Anonim which was released on 10 December 1974. (1975). e) Expropriation of Rights in Oil and Gas. restricting alienation of land in the former Sou thern provinces . 1 However, this right to own immovable property like every other right is not absolute but subject to certain qualifications. This land may be distant farmland, forest, or spaces like the market square. Contemporary Issues in Alienation of Family Land Holding ... Though a federal legislation, it applies in all states of the federation. The major challenge a purchaser of family land encounter is the issue of 'consent'. 7, No. Private and Public Law | Law - University of Nigeria In contrast, private tenure in customary systems tend to be on the basis of the family unit; with the family head distributing rights to land that are inheritable to children, Basically, there are 3 types in land tenure system history: pre-colonial era, colonial period, and post-colonial period. Land Law 1.3 Customary Land Tenure System in Nigeria ... Get This Book. Overview Of Land Registration Process In Nigeria - Real ... Full Project - ISSUES AND CHALLENGES IN ALIENATION OF ... Such allocations were considered to belong to the individuals so granted for a life time since allotees had complete control over land. Final year research project topics, ideas and materials in PDF, Doc Download for free. :: Note however that such consent shall not be required where: A prior equitable mortgage of the land had been created with the consent of the governor. It is also the objective of the work to examine how the rules of alienation of family property have developed over the years and the effect that foreign cultures have had on the Laws of family land holding. LAND ACQUISITION IN LAGOS STATE. Some described customary law of a community as a 'body of customs and traditions which regulate the various kinds of relationship between members of the community.' Customary law has also been described by others to… Land Law in Nigeria-Adefi M. Olong 2011 This study, in nineteen chapters, deals with the various issues pertaining to land law in Nigeria. This study will assess the issues and challenges encounter or suffer in alienation of family land by purchasers in Nigeria, particularly in Yoruba and Ibo custom since 1960 to date. Deviation from the rule in the sale of family property renders the conveyance obviously suspect and . Impact of the Land Use Act on Customary Land Holding in Nigeria Impact of the Land Use Act on . d) Interests in Oil and Gas - Oil concession, effect of righ of concessionaries on natural gas. THE CONCEPT OF FAMILY PROPERTY UNDER CUSTOMARY LAW IN NIGERIA Academics and jurists have described customary law in various ways. Though a federal legislation, it applies in all states of the federation. joint venture agreements as a tool for revitalizing nigeria's solid minerals sub sector an appraisal of the regulation of some scheduled banks under nigerian law alienation of landed property and its effect on business transactions in nigeria an appraisal of the community court of justice of the economic community of west african states . In spite of the abolition of communal and family land holding conveyancers still convey family . Section 22 of the Act provides that it shall not be lawful for the holder of a statutory right of occupancy granted by the Governor to alienate . The following laws govern the administration of land in Anambra State: Land Use Act, CAP 203, Laws of the Federation of Nigeria, 1990. 138 The Acquisition of Family Land in Ghana [I963] J.A.L.". Determination of Family Property 5. However, do you wonder what would happen if the family head transfers or […] Title to Land in Nigeria, (Evans Brothers Ltd, 1974) Taiwo, E.A., The Nigerian Land Law, (Ababa Press Ltd., Ibadan, 2011) LAND LAW - Family land - Ratification of sale - Deed of ratification by head of family - Whether binding on the family. Such an act was generally regarded as capable of depriving the future generations of the opportunity to acquire land (Bardi, 1998). While the alienation of same by the principal members of the family without the consent of the family head is void and can in fact be nullified at the suit of any member of the family. b) Theories of Ownership in Oil and Gas. All land comprised in the territory of each state in Nigeria are vested in the governor of that state and such land shall be held in trust and administered for the use and . Non-alienation of farm land The concept of non-alienation of farm land conveys the impression that farmland cannot be sold to outsiders of a community. 33 of 1976. The Land Use Act, 1978 is, indeed, a "giant-killer". definition of land. MAIN JUDGEMENT. The land use decree (now Land Use Act) was promulgated on the 29 th of March 1978 following the recommendations of a minority report of a panel appointed by the Federal Military Government of the time to advise on future land policy. BUL 505: Energy Law I. a) The origin and occurrence of Oil and Natural Gas. In the recent case of Savannah Bank of Nigeria Limited and Another v. Ammel Ajilo and Another a learned Justice of the Supreme Court of Nigeria seized the opportunity to indict a doyen of the Nigerian Bar for a seeming misapprehension of the revolutionary effect of the Act on the land tenurial system of the country. Alienation of Family Property in Nigeria. Namely: Concept of ownership; ownership and communal land holding under customary land tenure; individual land ownership; family land ownership; alienation under customary law; Download or read book entitled Land Law in Nigeria written by Adefi M. Olong and published by African Books Collective online. There is also the estrangement of some Nigerians; from the fruits of their labour, from friends and from family. Section 22 of The Land Use Act states that; " it shall not be lawful for the holder of a statutory Right of Occupancy granted by the Governor, to alienate his Right of Occupancy or any part thereof by assignment, sublease etc. As discussed earlier alienation can be done through will, gifts or mortgage. Modish Project is No. land law nigeria i and ii. The individual member of the family therefore, has restricting alienation of land in the former Sou thern provinces . However, during the pre-colonial period, land held under customary tenure cannot be sold or alienated. Achilihu v. Anyatonwu (2013) 1 MJSC (pt.II) p.2 is a very good example of family land alienation, below is the fact of the case: One Lazaus Oguevule, as the head of Umuagbaghigba family, pledged family land to the respondent in 1968. The family head, normally the oldest man, was regarded as the administrator of land since it was he who allocated plots of family land. Book excerpt: This study, in nineteen chapters, deals with the various . Available in PDF, EPUB and Kindle. 11 . The problem that necessitated the study is what purchasers encounter or suffer in alienation of family land especially our case studies on "Yoruba and Ibo Families" in Nigeria. At customary Law, ownership of land is generally vested in the village, community or family with the head holding it for the use of the whole village, community or family respectively. joint ownership of land in nigeria- women's right to inheritance Customs and traditions tend to discriminate against women especially in the area of their right to inheritance. The Journal of Legal Pluralism and Unofficial Law: Vol. The practice of alienation of land was not known in Nigeria prior to 1852 when a treaty signed in Lagos abolished the slave trade and led to an influx of ex-slaves to Lagos from Sierra Leone. The increasing rate of litigation by purchasers of family land in Nigeria who ends up in court due to a defective customary title obtained and at the end suffers damage, injury . his or her stake in family land; and third, no one could alienate family members' interests in family land without the knowledge and consent of those members. The land registration process in Nigeria brushes on all factors involved in registering land transactions from the systems involved, benefits of registration, the procedure for registration, requirement for the registration, challenges faced and so many others. Customary Land Law / Islamic Land Law The consent of the Governor is important before the actual alienation or the sale of any interest in land in Nigeria. A Purchaser of family property who neglects or fails to make proper investigation on the implications in the purported conveyance of family land may end up with purchasing a long drawn litigation or a defective . Out-right alienation of family land is rarely done without the consent of members of the family. It remains the foundation/framework within which the social, political and . Deviation from the rule in the sale of family property renders the conveyance obviously suspect and . Nigeria) by families or gandu (in northern Nigeria). Terminology - Ownership, Possession, Titles, Rights, Liability, Land, etc. The said transaction was witnessed by one Jacob Amalaha, a principal member of the family. LAND LAW - Sale of family land - Person alleging alienation of family land to him - Onus on him - How, discharged. Appraising The Alienation Of Land Appraising the Alienation of Land under Ufia Customary Law. "(a) Declaration that the alienation of Agbejobi family land at Oke-Ado market, upon which the building known as SW8/122, Annexe, Lagos Bye Pass, Ibadan situate, made as by the 1st and 2nd defendants to either or both of the 3rd and 4th defendants is void, or in the alternative voidable. As we know that karta is the manager of the hindu families and therefore works for the welfare of the family. There is a problem of man's inhumanity to man dehumanization, as exemplified in the way the rich treat the poor in Nigeria. LAND LAW - Family land -Alienation of family land -Alienation by head of family - Need to obtain consent of family members. THE LAND TENURE SYSTEM UNDER THE CUSTOMARY LAW A PAPER PRESENTED AT THE NIGERIAN INSTITUTE OF ADVANCED LEGAL STUDIES TRAINING PROGRAMME FOR JUDGES OF THE CUSTOMARY COURTS AND AREA COURTS. - FACTORS TO CONSIDER. Alienation of family land in Nigeria has been a major concern to most legal writers. Permanent alienation of land was forbidden. The jihad (1804-1810) was led by Utman Dan Fodio and marked the beginning of the introduction of Islam into northern Nigeria. Prior to the commencement of the Act a Nigerian owners of Land in Southern Nigeria could freely . Under the customary system land was in the hands of the elders and paramount chiefs to hold in trust for themselves and the community. Friendly customer support. Project topics on alienation of family land. That is, the Alienation of Family Property in Northern Nigeria and Northern Cameroon. a cursory introduction through the concept of property. This is due to the problems associated with it. Central Bank of Nigeria Economic and Financial Review Volume 57/4 December 2019 105 The Land Use Act and the Nigerian Housing Sector Dr. Yusuf Yahaya I. NATURE OF CUSTOMARY LAND TENURE SYSTEM. The family lands were lands that were vested in the . 12, pp. Land Tenure Law of 1962, supra note . (Delivering the Leading Judgment): HELD AT THE SHEHU YAR'ADUA CENTRE, ABUJA ON THE 13th OF .. self-acquired land is not turned into family land by the owner of the land being kind enough to allow some of his family to live on it and enjoy the use of it." Since the head of a family is usually in charge of the family's property, it often happens that he plays the largest part . This is common with respect to polygamous families in Nigeria. Land Law I. ALIENATION OF RIGHT OF OCCUPANCY. The sale of family land by the head of the family as his own land without the knowledge and consent of the other members of the family is void. The major governing the registration of properties in Nigeria is the Land Use Act of 1978. BELGORE, J.S.C. JOINT OWNERSHIP OF LAND IN NIGERIA- WOMEN'S RIGHT TO INHERITANCE. Individual right is limited to… This is the system of landholding indigenous to Nigeria. Friendly and knowledgeable support teams are dedicated to making your custom writing experience the best you'll find anywhere. LAND LAW:- Claim for declaration of beneficial ownership in freehold property and possession - How treated: ODUOLA AND OTHERS V. ASHCROFT AND ANOTHER Sappor [15] is that alienation of family land by the head of the family, without the consent of . Alienation of such land is not possible without consent of the community. We offer project topics where academic writers share their ideas and expose their knowledge and provide access to numerous research project topics and materials, and articles for study and reference purposes. This study, in nineteen chapters, deals with the various issues pertaining to land law in Nigeria. At customary Law, ownership of land is generally vested in the village, community or family with the head holding it for the use of the whole village, community or family respectively. Yorubas, land is a source of sustenance.778 In other words, inability to own or possess land is tantamount to powerlessness, poverty, subservience, dependence and lack of freedom or failure to trace one's root or ancestral home. Thus, the alienation of title to a family property done by the family head without the consent of the principal members of the family is voidable at the instance of the principal members, while alienation of title to a family land done by the principal member . without the prior consent . This is the system of landholding indigenous to Nigeria. This study, in nineteen chapters, deals with the various issues pertaining to land law in Nigeria. The fundamental rule for alienation of family land in Nigeria is that the family head and principal members must consent to the conveyance of family property for its validity otherwise such sale will be void or voidable as the case may be. The Land Use Act, is a nebulous 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 LAND . The Case of Benue State, Nigeria - Books and Journals. land as everything attached to the earth's surface (quic quid plantatur). REAL ESTATE/LAND LAW:- Alienation of family land - Power of white-capped chief to stop the alienation of family land: ODUNTAN AND 3 ORS V. GIWA AND 2 ORS. This book was released on 10 December 2021 with total page 258 pages. land as the earth's surface. Section 21 and 22 LUA prohibit alienation of customary or statutory right of occupancy (respectively) without the requisite consent of the governor. It is also the objective of the work to examine how the rules of alienation of family property have developed over the years and the effect that foreign cultures have had on the Laws of family land holding. Ekpendu v Erika, Adelekan v Iyanda. 1 Africa's Online Academic Projects Topics and Materials Website. Western Nigeria, ch. . Pre-colonial Land Tenure System in Nigeria. 5) Some legislation in case of lands belonging to the authorities requiring the consent of the minister. In contrast, private tenure in customary systems tend to be on the basis of the family unit; with the family head distributing rights to land that are inheritable to children, CUSTOMARY LAND TENURE SYSTEM. The Yoruba People: Culture, History and Daily Life. Thus, a community or family could and in That was the decision in Solomon V Mogaji (1990) 4 NLR (Dt.144) 407 where a family head sold family land as his own, other These laws are cited in TOB!, supra note 5. Said Chief Justice Osborne, after referring Namely: Concept of ownership; ownership and communal land holding under customary land tenure; individual land ownership; family land ownership; alienation under customary law; nature of customary tenancy; pledge; the law of property; an overview of the effect of the Land Use Act on customary . CUSTOMARY LAND TENURE SYSTEM. This land may be distant farmland, forest, or spaces like the market square. The fundamental law of communal tenure is the inalienability of land. In many areas in the state inheritance of land is by the sons of the deceased landowner. The Land Use Act makes it mandatory for the consent of the Governor to be obtained. Every citizen of Nigeria is empowered to acquire and own immovable property anywhere in Nigeria. This includes alienation of the property without the consent of the overlord. 1.2 Statement of the Research Problem. 10 . Introduction he Nigerian Land use Act of 1978 abolished the existing land tenure systems and replaced them with a uniform Land Administration system across the Country. Olawoye, C.O. In my last article sales of family land in Nigeria), I made it clear that alienation of title to a family land without the consent of the family head will make such transfer of title null and void and of no effect. ISBN 13 : 9789788422648. Consequently, given the state of agriculture in Nigeria, average farm size may be near the current optimum with 2-5 acres. LAW 417: FIRST SEMESTER - PART I (4 CREDIT UNITS) Introduction. Legal notions of Property. Moreover, by the principle of nemo dat quod non habet, a man cannot give what he . (Dr Adefi is a lecturer at the Faculty of Law, Kogi State University, Anyigba. REPRESENTATION: Adekunle, (with him, Mr. K. Sofola) -for the Appellant. Land Law in Nigeria-Adefi M. Olong 2011 This study, in nineteen chapters, deals with the various issues pertaining to land law in Nigeria. Non-alienation of farm land The concept of non-alienation of farm land conveys the impression that farmland cannot be sold to outsiders of a community. 779 Family land is land vested in a family as a corporate entity. Appraising the Alienation of Land under Ufia Customary Law. 1422 Words6 Pages. See supra note 5. Infact at the extreme it was said that Nigeria had as many land tenure system as it had tribes. 4-20. The Yoruba People of Nigeria Among the many tribes found in Africa, the Yoruba People of Nigeria are among the most popular and well known. Land is, undoubtedly a fundamental necessity of life. Omonigho Ogbe. BEING TEXT OF PUBLIC LECTURE PRESENTED BY BENSON ENIKUOMEHIN & CO AT IKORODU ULTRA MODERN TOWN HALL, ITA-ELEWA, IKORODU, LAGOS STATE ON FRIDAY DECEMBER 2, 2005. Consequently, given the state of agriculture in Nigeria, average farm size may be near the current optimum with 2-5 acres. EVIDENCE- Proof - Declaration of title to land - Pam, seeking - Onus on hint to establish his claim. The family lands were lands that were vested in the . It must be noted however that alienation was not prohibited totally under customary land tenure. Namely: Concept of ownership; ownership and communal land holding under customary land tenure; individual land ownership; family land ownership; alienation under customary law; nature of customary tenancy; pledge; the law of property; an overview of the effect of the Land Use Act on customary . land as consisting of subjacent things of a physical nature. contents. Before the colonial rulers took over, families and societies owned property in Nigeria. Unauthorized alienation of property means the transfer of the property without any justification which leads to invalidation of such transfer. NATURE OF CUSTOMARY LAND TENURE SYSTEM. Individual right is limited to […] sources of the law of real property in nigeria. 105 (1959); Public Lands Acquisition (Miscellaneous Provisions) Decree No. Although the basis of land-ownership in Nigeria has long been the family from which other interests are carved out, there are essentially two categories of interests recognized in land. That is, the Alienation of Family Property in Northern Nigeria and Northern Cameroon. The fundamental rule for alienation of family land in Nigeria is that the family head and principal members must consent to the conveyance of family property for its validity[1] otherwise such sale will be void or voidable as the case may be. 4) The land tenure system in Nigeria, that any sale or alienation of family land without the consent of the head of the family is void. The family head must consent to any alienation of family land. The Case of Benue State, Nigeria. Deviation from the rule in the sale of family property renders the conveyance obviously suspect and . In Northern Nigeria where the Land Tenure Law of 1962 applied holders of rights of occupancy there were free to alienate them. c) United Nations and Natural Resources. The only consent needed was consent of the family head if it was a family property or consent of the landlord if it was a leasehold land with assignment covenant. The fundamental rule for alienation of family land in Nigeria is that the family head and principal members must consent to the conveyance of family property for its validity[1] otherwise such sale will be void or voidable as the case may be. The problems created by alienation are multifarious. i. However, he cannot sale or alienate family land as his personal property in his personal capacity. The sale of family land by the head of the family without the consent of principal members of the family is voidable. PROPERTY/ LAND LAW. the family or a personal land may change to family land at the instance of the death of the holder, hence it is said to be static (Obenson 1977). Therefore, the title of family land vests in the members of the family as a corporate group. The Yoruba are the tribe that many Africans confess that their family roots started from and therefore follow the religion and culture . The Land Use Act ("the LUA") is the most important legislation affecting the administration of land in Nigeria. Also, it was observed that the existing land tenure system and customary tenancy in Nigeria before the promulgation of the land use Act 1978, was occasioning hardship on the government and individuals thereby hindering development. It always requires the consent of the principal members before alienation can be validly made of a family land or property. the family land to individual members of the family. Historical evolution of Land Law in Nigeria. Each ethnic group had its own tenure system. This theory gained acceptability because the economic conditions of the time in most part of Nigeria did not warrant alienation. The following laws govern the administration of land in Anambra State: Land Use Act, CAP 203, Laws of the Federation of Nigeria, 1990. Sources of Nigerian Land Law. This article seeks to address the issue as to whether a child can disinherit another or take steps without consulting the others. only an average of 23.1% of households in Nigeria own land . Download Alienation of Land in the Northern States of Nigeria Books now!Available in PDF, EPUB, Mobi Format. Professional account experts are standing by around the clock Appraising The Alienation Of Land Under Ufia Customary Law: The Case Of Benue State, Nigeria|Adefi Olong5 to answer questions, solve problems and guarantee your 100% satisfaction. Rep. of Nigeria 1978). only an average of 23.1% of households in Nigeria own land . 1.2 Land Ownership in Nigeria during Colonial Rule Namely: Concept of ownership; ownership and communal land holding under customary land tenure; individual land ownership; family land ownership; alienation under customary law; nature of customary tenancy . In many respects, the eldest son is normally appointed as the head or custodian of the family Land. Alienation of Family Property vi. The Land Use Act ("the LUA") is the most important legislation affecting the administration of land in Nigeria. With immediate effect it vested all land in each state of the Federation in the governor of that state (Fed. land and statutory conditions for a valid alienation of land are not new in Nigeria and can be found in the Land Tenure Law (northern Nigeria),3 the Native Lands Acquisition Act,4 and the various state land laws,5 all of which require the consent of an appropriate authority for a valid transfer of an inter-est in land. Supra note 5 e ) Expropriation of Rights of occupancy there were free to them... The beginning of the federation CREDIT UNITS ) introduction steps without consulting the others everything... The future generations of the family conditions of the land Use Act on excerpt... In a family as a corporate entity consisting of subjacent things of a physical nature as discussed earlier can! Best you & # x27 ; s surface families in Nigeria own land the customary system land was in former... 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