Do you want to know how to prove ownership of land in Nigeria? Then you are in the right place.
Buying land in Nigeria is one thing, but proving ownership of the land when needed is another ball game entirely.
I remember going through a well-developed estate in Lagos a few years ago, where I saw notices on many houses about the real owners of the landed properties coming to reclaim the land!
It may sound funny, but it's a common problem associated with land ownership in Nigeria.
It shows why you must know beforehand how to prove ownership of any landed property you want to buy to avoid embarrassment.
If you want to know how to choose the best area to buy land or property in Nigeria, read my guide here.
Let’s go right into the discussion.
Why Is Proving Ownership of Land and Property Important?
In Nigeria, land is a very important asset. About 70% of people live in rural areas and rely on farming for their income.
Access to land is essential for poverty reduction and economic development. Yet, land tenure remains insecure for the majority of Nigerians.
According to the World Bank, only about 30% of farmland in Nigeria is registered and titled.
The importance of land registration and proof of ownership should be emphasized.
If you didn't know before reading this article, there is a major syndrome in Nigeria called 'omo miles' concerning landed properties.
This Omo Onile syndrome is as old as the landed properties themselves.
It involves certain communities laying claims to specific landed properties as their family heritage, and before any portion of the land can be sold, every member of the family or community involved must be adequately settled.
Even in situations where the proper settlement of Omo Onile has been fulfilled, you still see some factions of these Omo Onile rising to create tussles about the landed properties.
It makes it imperative that you purchase land from reputable real estate companies and know how to prove ownership of your land when needed.
I will always remember how my dad was involved in court cases involving land matters since the time I was a teenager.
Even though I'm in my fifties at this writing, my dad, in his nineties, was only announcing their victory in some court cases, declaring them as the bona fide owners of the landed properties in question.
You can imagine land-related court cases spanning more than 3 decades! You want to avoid getting involved in such an unnecessary and endless battle!
Hence the need to know how to prove ownership of your land in Nigeria.
In addition to providing security of tenure, land registration facilitates market transactions and improves land administration and governance, and the government also gets revenue from the exercise.
It also creates an enabling environment for investments in infrastructure and other development projects.
5 Ways To Show You Are The Owner of A Land
There are various ways of proving ownership of land in Nigeria. These methods may vary depending on the type of land, whether the land is Registered or Unregistered, the Customary or Statutory system of land tenure, and other factors. The five major ways of proving ownership of land in Nigeria are:
Physical possession
Presentation of the deed of conveyance
Presentation of certificate of occupancy
Registration of interest in the land
Survey plan of the land
1. Physical possession: Physical possession is Nigeria's most common form of proving land ownership. It simply means that the person claiming ownership of the land is the real owner.
The person claiming ownership must show that he/she has been in exclusive control and occupation of the land for a certain period, known as the "period of limitation." The period of limitation depends on the type of land tenure system under which the land is held.
For example, under the Registered Land Act, the limitation period is 12 years, while under the Customary Land Tenure system, it is usually 10 years or more.
2. Presentation of the deed of conveyance: A deed of conveyance is a document that proves that the person claiming ownership of the land has acquired the land from the rightful owner through a legal means such as purchase, inheritance, or gift.
The deed of conveyance must be registered with the appropriate government authority to be valid.
3. Presentation of certificate of occupancy: This is a document issued by the appropriate government authority which proves that the person claiming ownership of the land has the right to occupy and use the land for a specific purpose.
The certificate of occupancy must be registered with the appropriate government authority to be valid.
4. Registration of interest in the land: This is a process by which the person claiming ownership of the land registers his/her interest in the land with the appropriate government authority. The registration of interest proves that the person claiming ownership of the land is the rightful owner.
5. Survey plan of the land: A survey plan shows the land's boundaries and dimensions. The survey plan must be registered with the appropriate government authority to be valid.
How To Verify Land Ownership in Nigeria
From the preceding, I've shown you why it's important to prove land ownership of your land.
Another very important thing is to know how to verify land ownership before buying or leasing land in Nigeria.
The verification process can be done through various means, such as obtaining a certificate of occupancy from the state government, searching the title records at the appropriate land registry, or hiring a real estate lawyer to search on your behalf.
The certificate of occupancy is the most definitive proof of land ownership in Nigeria. The state government issues it, which generally takes 6-8 weeks to obtain.
The certificate of occupancy will list the name of the registered owner of the property, as well as any restrictions or easements that may be in place.
The title records at the land registry will also show the name of the registered owner of the property.
These records are open to the public and can be searched online or in person at the registry office.
Hiring a real estate lawyer to conduct the search is usually the priciest option, but it can provide peace of mind.
A lawyer can inform you about any existing debts or legal claims on the property, as well as any restrictions or easements that might be in effect.
Proof of Title to Land by Traditional Evidence
Title-to-land ownership disputes are only sometimes easy to resolve. The land title is often clear, and there is no dispute. However, sometimes, the land title needs to be clarified, and there can be a dispute over who owns the land.
The Property Owners Act sets out the law on title to land. The Act says the land title is the right to possess, use, and enjoy the land. The land title can be acquired in two ways: by registration or by possession.
Registration is the most common way to acquire title to land. The owner's name is recorded on the title register when the land is registered.
The owner of the land then has proof of ownership. Possession is the other way to acquire title to land. Possession means that the person possessing the land also has the right to use and enjoy the land.
If there is a dispute over who owns the land, the court will examine the evidence to see who has the better title.
The court will consider who possesses the land, who has registered the land, and any other relevant evidence.
The court will usually decide in favor of the person who has the better title. However, in some cases, the court may decide that neither party has a good enough title to the land and may award ownership to the person who has owned the land for the longest time.
List of Land Documents in Nigeria
The land ownership system in Nigeria is very complex, and many different types of land documents may be required in different situations.
Let me discuss below some of the most common land documents in Nigeria:
1. Land Title Documents include the Certificate of Occupancy (C of O), the Deed of Assignment, and the Transfer of Title Documents. The C of O is the most important document issued by the state government.
It shows that the land has been allocated to an individual or company and that they have the right to occupy and use it.
The Deed of Assignment is a paper used to move the ownership of the land from one person to another.
The Transfer of Title Documents transfers land ownership from one company to another.
2. Land Ownership Act governs Nigeria's land ownership, use, and transfer. Having a copy of this Act is important when dealing with land matters.
3. Evidence of Property Ownership: This includes documents such as the title deed, the survey plan, and the registered lease. These documents show that an individual or company owns a particular piece of land.
4. Tax Clearance Certificate: The state government issued this certificate and shows that the property owner has paid all required taxes.
5. Insurance Policy: Insuring your property against fire, theft, and other risks is important.
6. Building Permit: This permit is required before construction can occur on the land.
7. Development Plan: This is a plan that shows the proposed development of the land. It is required for all construction projects.
8. Boundary Plan: This plan shows the boundaries of the land. It determines the land's size and ensures the construction project does not infringe on neighboring properties.
9. Geological Report: This report is required for all construction projects. It contains information about the soil conditions and the water table of the land.
10. Land Use Certificate: The state government issued this certificate, showing that the land can be used for the proposed development.
11. Site Plan: This is a plan that shows the layout of the land. It determines the location of the buildings and other structures on the land.
12. Tenancy Agreement: This agreement is used when leasing land from another individual or company.
13. Contract of Sale: This contract is used when buying or selling land.
14. Mortgage Agreement: This agreement is used when taking out a loan to buy land.
The above list is a general guide to some of Nigeria's most common land documents. Getting legal advice from a professional is always recommended when dealing with any land matters in Nigeria.
What Are The Two Types of Trespassing to Land?
There are two types of trespassing on land, which are
Criminal Trespass and
Civil Trespass.
Criminal Trespass is a crime that is punishable by law. Civil Trespass is a civil wrong that can be sued in a civil court.
Criminal Trespass is defined as an unauthorized entry onto another person's land. It can be done by going onto the land without the owner's permission or remaining on the land after the owner has asked you to leave. Punishment for criminal Trespass can vary, including a fine, imprisonment, or both.
Civil Trespass is when someone enters your land without your permission or stays on it after you have asked them to leave. Unlike criminal Trespass, civil Trespass does not carry any criminal penalties. However, you can sue the trespasser in civil court for damages.
To sue for damages in a civil trespass case, you must be able to prove that the trespasser was on your land without your permission and that they caused you some harm. A trespasser can cause Common types of harm, including physical damage to your property, emotional distress, or financial losses.
How Do I Prove Trespass to Land in Nigeria?
To prove Trespass to land in Nigeria, you must first be able to show that you have a valid title to the property in question.
It can be done by producing the original title deed, a certified copy, and any other relevant documentation proving your property ownership.
Once you have established your ownership of the property, you will need to show that the trespasser(s) entered your land without your permission and without a legal right to do so.
It can be done by producing eyewitness testimony, video footage, or other evidence showing the trespasser(s) on your property without your consent.
If you can prove ownership and unauthorized entry onto the property, you will have grounds for a trespass to land claim in Nigeria.
Conclusion
Now that you know how to prove land ownership in Nigeria, you should also know the appropriate authority in charge of land dispute resolution in the country.
The conclusion of a land dispute resolution process is typically the issuance of a land title document by the relevant authority. In Nigeria, land title documents are issued by the Land Registry.
The Land Registry is charged with the responsibility of ensuring that all land transactions are conducted in a fair, transparent, and orderly manner.
What’s more, the Land Registry also has the mandate to protect the rights of all parties to a land transaction and to ensure that all land titles are properly registered and maintained.
Don’t hesitate to read my guide on how to purchase your land in Nigeria. It’s a comprehensive guide that will put your mind at rest.