How to Prove Ownership of Land in Nigeria

Quick answer: How to Prove Ownership of Land in Nigeria is a public legal-education guide. The correct legal step may depend on the facts, documents, location, timing, and current law, so readers should seek tailored legal advice before acting.

This article is provided for general legal education only and is not a substitute for advice on a specific matter.

HOW TO PROVE OWNERSHIP OF LAND IN NIGERIA

Dispute to land is not a novel phenomenon in Nigerian, meaning that you've experienced your fair share of land disputes. Land conflicts can easily emerge, which is why it is necessary to issue a warning, as seen by the vast number of buildings that have warning signs like "This land is not for sale, beware of 419."

In order to verify ownership of a property in an official capacity, you will need official copies of the register and title plan, sometimes known as title deeds because they are the undeniable proof of ownership of a property, in order to verify ownership of a property in an official capacity. Please take note that this only applies to registered property.

Before delving into the ways of proving ownership to land, it is germane that we discuss the types of interest you can hold in land. There are 3 types of interest you can hold in land. They are:

PROPRIETARY INTEREST

The right to possess property is known as a proprietary interest. This could include a person's possessions and ownership rights. Two main categories of property interests should be considered.

Real Property: This refers to as ownership of real estate, generally a home or an apartment.

Personal Property: This involves owning anything else that isn't land is involved in this.

LEGAL INTEREST

This is the strongest form of interest, it is in the form of having perfected land documents i.e. certificate of occupancy. In the case where there are multiple interests in land, the person with a legal interest is seen by law as having a better claim to the land.

A legally enforceable right to own or utilize property is known as a legal interest. You are the property's legal owner if you have a legal stake in it. You have the power to govern the property, which entitles you to either own, sell, or transfer it. In order to be enforced, this legal interest must first be registered with the government.

EQUITABLE INTEREST

A court establishes an equitable interest on behalf of a person. It will happen when the legal conditions aren't met but there is enough intention to make one on behalf of both parties. It will also be developed in cases where a person has suffered as a result of the activities of another party. As a result, since an equitable interest in property has been created for you by a court, you can file a lawsuit over it.

It is crucial that you fully comprehend the proprietary interests you have. Your rights as the future owner are safeguarded by doing this. A property lawyer can help you if you are unsure of your interests or have any other questions.

Having discussed the above, it is high time we explore on how to prove ownership of land in Nigeria.

FIVE WAYS TO PROVE OWNERSHIP TO LAND IN NIGERIA ARE:

• TRADITIONAL EVIDENCE

The Abstract of Title, which is a crucial document under the Law of Conveyancing, demonstrates a solid root of title by detailing all transactions (sales, leases, and mortgages) that have been made regarding the specific piece of property over the past 30 years. There were likely no written records on a specific piece of property in the past, but alienation of land was always done ceremoniously in front of witnesses and sometimes even photographs. A very good piece of evidence to demonstrate the traditional root of title to the land will be provided by one of the witnesses present during the alienation.

• PRODUCTION OF DOCUMENTS OF TITLE

There should be witnesses, written agreements of the land's alienation, and signatories in some cases; simple receipts are not always sufficient. To be considered a valid family estrangement, both the family head and the key family members' signatures must be present.

• PROOF OF ACTS OF OWNERSHIP

The landowner is free to dispose of and manage his properties however he sees fit. The "Nemo dat quod non habet" criterion will still apply, thus he must also be able to provide a good title to the land buyer. This simply means that you cannot pass on a good title to a person if you do not hold a good title to the property yourself.

• ACTS OF LONG POSSESSION AND ENJOYMENT OF THE LAND

This is proven where there has been an incredibly long usage of the land by the person involve. He must have been well known of long possession of the land.

• BY ACTS OF POSSESSION OF AN ADJOINING OR ADJACENT LAND

In such a way as would make it probable that the owner of the adjoining or adjacent land is also the owner of the land in dispute.

NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com

WRITTEN BY CHAMAN LAW FIRM TEAM

EMAIL: chamanlawfirm@gmail.com

TEL: 08065553671, 08024230080

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Speak with Chaman Law Firm before taking a step that may affect your rights, property, business, family, or dispute position. You can book a consultation or review the relevant practice area for more context.