How to buy land in Nigeria legally: Buying land in Nigeria or any African country requires navigating complex legal systems and traditional practices. Only about 3% of the land in Nigeria is officially documented, with the remaining 97% relying on informal agreements. This reality creates significant challenges for potential buyers who must understand statutory laws and customary practices to secure their investment.
Understanding Land Tenure Systems
Land tenure refers to the system of ownership, use, and transfer of land rights. In Nigeria, the Land Use Act of 1978 fundamentally changed land ownership by vesting control of all land within a state to its Governor. This legislation abolished freehold ownership and converted it to leasehold ownership, typically for a maximum term of 99 years.
Types of Land Ownership
- Communal Tenure: This system involves collective ownership by families or communities. Decision-making requires group consensus, which can sometimes lead to disputes when buying land.
- Leasehold Tenure: Under this arrangement, you’re essentially renting land for a specific period. This works well for temporary projects but doesn’t provide permanent ownership.
- State Ownership: The government technically owns all land. To gain recognized ownership, you need a Certificate of Occupancy (C of O), which involves a lengthy and often tedious process.
Legal Requirements for Land Purchase
Documentation Verification
Before purchasing any land, verify all documentation thoroughly. Request and examine the Certificate of Occupancy, Deed of Assignment, Building Lease, or Allocation Letters. These documents establish the seller’s legal right to transfer the property.
Take these documents to the state’s land registry for verification. This step helps confirm the authenticity of the documents and reveals any encumbrances on the property.
Governor’s Consent
The Land Use Act requires the Governor’s consent for any valid transfer of land rights. This consent transforms your purchase from a mere agreement to a legally recognized transaction.
- The process for obtaining Governor’s consent varies by state but typically involves:
- Submitting an application with supporting documents
- Paying consent fees (usually a percentage of the property value)
- Waiting for approval, which can take several months
Navigating Customary Land Systems
Many land transactions in Africa occur under customary law, especially in rural areas. These systems operate alongside statutory laws and require different approaches.
Community Engagement
When buying land in areas governed by customary practices, engage with community leaders. Their approval can prevent future disputes and provide social legitimacy to your purchase.
Meet with family heads, chiefs, or elders who have authority over land matters. Document these meetings and any agreements reached to strengthen your claim.
Boundary Demarcation
Clearly define and document the boundaries of the land you’re purchasing. Use modern surveying techniques to create accurate maps that can be registered with government authorities.
Walk the boundaries with the seller and neighbors present to ensure everyone agrees on the extent of the property. This simple step can prevent many future disputes.
Recent Reforms and Digital Transformation
The Nigerian government has partnered with the World Bank to register all land titles within five years. This initiative aims to address challenges posed by untitled land, which accounts for over 90% of land parcels in the country.
National Land Digital System
A National Land Digital System (NLDS) is being established to facilitate efficient and secure verification of land titles. This digital registry will make the land purchase process more transparent and reliable.
The system will help buyers verify land information more easily and reduce the risk of fraud. Once fully implemented, it should significantly reduce the time and complexity involved in land transactions.
Land Use Act Reforms
The 48-year-old Land Use Act is currently under review. Vice President Kashim Shettima has emphasized the need for reform, acknowledging that while the Act has shaped land administration, it has also created systemic challenges.
The government inaugurated reform task teams in January 2024 to create a strategic blueprint for streamlining land administration. These reforms may significantly change how land is bought and sold in Nigeria.
Protecting Your Investment
Time Limitations and Adverse Possession
Be aware of the doctrine of adverse possession. Under the Limitation Act of 1966, a landowner must assert their right to reclaim property within twelve years from the commencement of unauthorized occupation.
Regular inspection of your property and maintaining clear documentation of ownership can prevent adverse possession claims. This is particularly important for absentee landowners.
Land Recertification Requirements
Some states periodically require landowners to recertify their titles. For example, Anambra State recently mandated all landowners to visit the Ministry of Lands to recertify and revalidate their title documents.
Stay informed about such requirements in your state to maintain the legal status of your property. Failure to comply can lead to complications with your land rights.
Conclusion
Buying land legally in Nigeria or any African country requires patience, diligence, and understanding of both statutory and customary systems. The ongoing reforms in land administration promise to make the process more straightforward, but buyers must still navigate the existing complex landscape.
By verifying documentation, obtaining necessary government approvals, engaging with local communities, and staying informed about legal requirements, you can secure your land investment. Remember that land ownership in most African countries is not absolute but rather a bundle of rights recognized by both the state and local communities.
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