How to Handle Land Disputes in Nigeria

Consistent with various court decisions, the term ‘land’ in a very legal context includes the surface area, subsurface, and airspace, along with any structures or buildings on it, and any related rights or interests. A land dispute can be defined as “…any disagreement that arises from a claim by one person against another person or group of persons in respect of land, including a dispute over the ownership, possession, control, occupation, or use of land, or any right or interest therein.”

In resolving land disputes, one of the foremost things a court would consider is land title which is the basis from which other claims may flow. There are five trusted ways of proving the title to land;

• By proof of the customary account of the title.
• By authorization or show of title documents.
• By feats of ownership.
• By acts of long occupancy enough to affirm the assumption that the person exerting such acts is the owner.
• By the act of occupancy of connecting or adjoining land to the land in conflict.

Laws Regarding Land Disputes in Nigeria

The pertinent statutes/laws regarding land disputes in Nigeria include The Land Use Act, the Constitution of the Federal Republic of Nigeria 1999, the Evidence Act, of 2011, and the High Court rules of various states, including the Federal Capital Territory.

A land dispute may arise due to various reasons, including a claim of title to land, a claim of a proprietary interest in the land, trespass to land, breach of covenant regarding the said land, or some other reason peculiar to a given case.

Under the Land Use Act in Nigeria, the government holds titular ownership of all land within a state, while individuals can only acquire a vested interest in land, evidenced by a certificate of occupancy. That is the highest interest an individual may hold in a land.

Land Dispute Resolution

The resolution of a land dispute may involve alternative dispute resolution (ADR) mechanisms, such as arbitration or mediation, which allow parties to settle their differences outside of court, but if unsuccessful, parties may turn to litigation for a court-based solution.

If ADR mechanisms fail, the Magistrate court, in some minor cases, the customary courts, and the High courts of various states including the FCT have the jurisdiction to hear land matters. On Appeal by the aggrieved party, the Court of Appeal and Supreme Courts can assume jurisdiction.

A majority of civil lawsuits in Nigeria, apart from contractual issues, are seen in land disputes. These could be in the form of Boundary issues, ownership disputes, possession disputes, Government Acquisition, inheritance/succession, etc.

Conclusion

In summary, parties to a land dispute in Nigeria have a range of ADR mechanisms to explore, which are more cost-effective and timelier than formal civil litigation in court. However, when it is seen that ADR is insufficient to proffer solutions in a particular case, there are various laws governing land disputes by which the parties may approach the court for settlement.