LAND TENURE SYSTEM IN NIGERIA

LAND TENURE SYSTEM IN NIGERIA by Anthony O. Anyakora

“The best investment on earth is earth.” – Louis Glickman

We live in a society where emphasis are constantly made on the importance of real estate investment. It is pertinent to understand what one can truly own and the necessary documents that confers ownership rights.

Basically, land tenure system in Nigeria is an institution of law that regulates the use, management and transfer of land.
The Land Tenure System in Nigeria is the process of granting ownership of land to individuals, legal bodies and corporate bodies based on their use of these lands. The Statutory instrument is used to ensure that human habitats are safe and sustainable. 
Before the Land Use Act of 1978, there were three major land tenure systems that coordinated how people owned land. 
*The Customary System
*The Non-Customary System
*The Native Law System

The Customary System: Basically, the customs and traditions of the various communities with the Obas, Chiefs, and Community or Family head holding the land in trust for family or community use.

The Non-Customary System: This was based on the received English law (Operational mainly in Lagos then British Colony) which vested the land on the British Queen but also allowed for either freehold or leasehold with tenured occupancy.

The Native Law System: This system was mainly practiced in northern Nigeria where all the lands in the region were vested in control of the Gorvernor for the use and benefit of the natives of the region.
The following are other types of Land Tenure Systems in Nigeria:

+Freehold Tenure System
+Inheritance Tenure System
+Communal Land Tenure System
+Leasehold Tenure System
+Gift Tenure System
+Rent Tenure System
+Tenants at Government will

Freehold Tenure System: The individuals who obtain the freehold tenure system pay a predetermined amount for the right to own a plot of land upon obtaining it, you can use it collateral security for a loan. The land is surveyed and closed by signing back up documents. The larger the land, the greater the payment.

Inheritance Tenure System: Here, land ownership is transferred to the next of kin. Basically, lands are provided for both born and unborn children.

Communal Land Tenure System: The head of the community determines the sharing formula. The community becomes the ruling power of the land under this system. Agriculture on a large scale is usually encouraged. Moreso, an individual cannot claim ownership of the land or use same as collateral security. 

Leasehold Tenure System: Here, an individual is granted temporary ownership of a plot of land by some form of title from the owner. During the lease period, an individual may have temporary access to the land but cannot use it as collateral for loans.

Gift Tenure System: This occurs when the land owner gives up his or her right to land voluntarily without being coerced by anybody. The new owner now possess all the rights of the previous owner and can use same as collateral security.

Rent Tenure System: Tenant usually pay certain amount as rent to the landlord for a period of time they use the property. Subject to contractual agreement, the tenancy could be annually or biennially.

Tenants at Government will: The system provides that land is leased by the Government to the farmers for agricultural purposes. The land is relatively inexpensive to acquire. This is a deliberate effort by the government to meet the overall agricultural needs of the nation.



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