Land acquisition in Nigeria involves complex legal processes, whether it is by private individuals or the government. The legal framework governing land acquisition is primarily rooted in the Land Use Act of 1978, which vests all land in Nigeria under the control of the government. Both private and government actors play crucial roles in land acquisition, each subject to specific regulations and processes.
In this blog post, we will explore the key steps involved in land acquisition in Nigeria, focusing on the roles of private individuals and the government, as well as the legal requirements for obtaining land rights.
Land Acquisition by Private Individuals: Key Legal Steps
For private individuals looking to acquire land in Nigeria, the process involves multiple legal steps and careful due diligence to avoid disputes or claims on the land.
- Identification of Land and Ownership Status
The first step in acquiring land as a private individual is identifying a suitable plot of land and confirming the ownership status. In Nigeria, land can either be owned by individuals, families, communities, or the government. It’s essential to ensure that the land has a valid title, such as a Certificate of Occupancy (C of O), deed of assignment, or registered survey plan. - Verification of Title Documents
The buyer must verify the authenticity of the title documents through due diligence. This typically involves conducting a search at the relevant land registry to confirm that the seller is the legitimate owner and that the land is free from legal encumbrances, such as disputes, court orders, or existing mortgages. - Survey and Land Use Classification
After confirming the title, a survey of the land should be conducted to verify the exact size, boundaries, and coordinates. The buyer must also ensure that the land is classified for the intended use. For example, land designated for residential purposes should not be used for commercial or industrial activities without obtaining the necessary permits from relevant authorities. - Negotiation and Preparation of Sale Agreement
Once the buyer is satisfied with the status of the land, negotiations for the sale can begin. A sale agreement is then drafted, outlining the terms and conditions of the transaction. The sale agreement should include the purchase price, payment terms, a description of the land, and any other relevant clauses to protect both parties’ interests. - Governor’s Consent
Under the Land Use Act, the Governor of the state where the land is located must consent to any transfer of land ownership. Without Governor’s consent, the transaction is considered invalid and unenforceable. This step involves applying to the relevant state authorities and submitting the sale agreement and title documents for review. Once granted, the Governor’s consent legally completes the transfer of ownership. - Registration of Title
The final step in land acquisition by private individuals is the registration of the title with the relevant land registry. This ensures that the new ownership is legally recognized, and it provides public notice that the land has changed hands. Registration helps protect the buyer’s legal interest in the property and prevents future disputes.
Land Acquisition by the Government: The Legal Framework
When it comes to the government’s role in land acquisition, the Land Use Act empowers the government to manage land for the benefit of the public. Government land acquisition may be carried out for development projects, public utilities, or other purposes deemed to be in the public interest.
- Government Ownership of Land
Under the Land Use Act, all land in Nigeria is vested in the government, with state Governors holding the land in trust for the people. This legal structure gives the government broad powers to allocate and acquire land for both public and private uses. - Compulsory Land Acquisition
The government has the authority to compulsorily acquire land from private owners for public purposes, such as infrastructure projects, schools, hospitals, or housing developments. This process is commonly referred to as eminent domain. However, certain legal requirements must be met for the compulsory acquisition to be valid, including providing adequate compensation to affected landowners (explored in greater detail in a later section). - Acquisition for Government Schemes
Land acquired by the government is often allocated to individuals or companies under specific government schemes, such as agricultural projects, industrial development, or low-cost housing programs. The process for acquiring land from the government typically involves applying for a Certificate of Occupancy (C of O), which grants the holder a long-term lease over the land. - Obtaining a Certificate of Occupancy (C of O)
To legally acquire land from the government, individuals or businesses must apply for a Certificate of Occupancy (C of O). This document serves as evidence that the state government has allocated the land to the applicant for a specified period, typically 99 years. The C of O grants the holder the right to use and develop the land according to the conditions set by the government.
Legal Requirements and Challenges in Land Acquisition
Whether land is acquired by private individuals or the government, several legal requirements must be met to ensure the transaction is valid and enforceable. These include obtaining necessary permits, following due process, and adhering to land use regulations.
- Governor’s Consent Requirement
As previously mentioned, the Land Use Act requires that all land transfers receive the consent of the state Governor. Failure to obtain this consent renders the acquisition illegal and unenforceable. - Land Use Planning and Zoning Regulations
Land use in Nigeria is regulated by zoning laws and planning regulations that dictate how specific areas of land can be used. Before acquiring land, it is essential to ensure that the land is zoned for the intended use, such as residential, commercial, or agricultural purposes. Any violation of zoning laws could result in the demolition of buildings or revocation of the land title. - Challenges in Obtaining Clear Title
One of the significant challenges in land acquisition in Nigeria is ensuring that the land has a clear title. Many properties have conflicting claims of ownership, particularly in areas where customary land ownership practices exist. Buyers must conduct thorough due diligence to avoid purchasing land with disputed ownership.
Conclusion
The process of land acquisition in Nigeria is governed by a mix of statutory and customary laws, which can be complex to navigate without proper legal guidance. Private individuals seeking to acquire land must ensure that they follow due process, including verifying title documents, obtaining Governor’s consent, and registering the title with the land registry. For the government, land acquisition for public purposes must comply with legal provisions regarding compulsory acquisition and compensation.
Whether you are a private buyer or a government entity, understanding the legal framework and requirements for land acquisition is essential to protecting your interests and avoiding disputes.
Clement is a lawyer in Nigeria. He is currently the Managing Partner of KpLaw, LLP., a foremost Law Firm in Nigeria with a wide practice area spanning diverse fields of law. Besides being her Managing Partner, Clement is a member of the firm’s Corporate Commercial Department.