What are the Rights and Responsibilities of Landowners in Nigeria
Introduction
Land ownership is one of the most cherished and valuable assets a person or entity can possess in Nigeria. With increasing population, urban expansion, and high demand for land for residential, commercial, and industrial purposes, owning land not only signifies economic power but also provides security and investment opportunities. However, land ownership does not come without rules. There are both legal rights and enforceable responsibilities that every landowner in Nigeria must be aware of.
Understanding these rights and duties is essential for avoiding litigation, government sanctions, disputes with neighbours, and property loss. This article discusses in detail the legal framework governing land ownership in Nigeria, outlines landowners’ rights and responsibilities, and provides a practical case study to demonstrate the real-world implications of these principles.
Legal Framework Governing Land Ownership in Nigeria
The most important law regulating land ownership in Nigeria is the Land Use Act of 1978. This Act vests all land in each state (excluding land owned by the Federal Government and its agencies) in the Governor of the state, to hold in trust for the citizens. Essentially, Nigerians do not technically “own” land outright but are granted rights of occupancy.
The Land Use Act aims to harmonize and regulate land ownership, reduce disputes, and ensure proper land use planning. Other legal sources affecting land ownership include the Nigerian Constitution, various state land laws, customary law (especially in rural areas), and judicial precedents.
The key legal instruments include:
The Land Use Act, 1978
The Nigerian Constitution (1999, as amended)
The Property and Conveyancing Law of 1959 (applicable in parts of the southwest)
The Registration of Titles Law
Various Town and Urban Planning Laws
Customary law (as applicable)
Categories of Landowners in Nigeria
Landowners in Nigeria fall into different categories depending on how the land was acquired and the type of title held.
First, there are customary landowners who own land under traditional systems. This includes family lands, communal lands, and lands inherited or acquired under native law and custom.
Second, there are statutory landowners who hold Certificates of Occupancy (C of O), Deeds of Assignment, or other registered titles under the Land Use Act. These titles are recognized by law and offer more security in formal transactions.
Third, some landowners hold government allocations or leases, which may not amount to full ownership but grant the right to occupy and develop land for a defined period under specific conditions.
Rights of Landowners in Nigeria
Landowners enjoy several legal rights under Nigerian law, whether their title arises from statutory grant, inheritance, or traditional ownership. These rights are enforceable and protected by both statute and judicial decisions.
Right to Use and Enjoy the Land
A landowner is entitled to make lawful use of the land, including for farming, residential, commercial, or industrial purposes, provided such use complies with zoning and environmental regulations.
Right to Exclusive Possession
The law protects a landowner’s right to keep others from entering or using their land without permission. This right is fundamental and is enforceable against trespassers or encroachers. A landowner can sue for damages or obtain an injunction where their right to possession is violated.
Right to Transfer, Lease, or Assign
A landowner has the legal right to transfer interest in the land to another party through sale, lease, gift, mortgage, or will. However, under Section 22 of the Land Use Act, such transfer requires the prior consent of the Governor of the state in which the land is located. Failure to obtain such consent may render the transaction void.
Right to Develop and Improve the Land
Subject to obtaining building and development approvals from relevant authorities, landowners can build on or otherwise develop their land. This includes constructing houses, commercial buildings, or modifying land use for approved purposes.
Right to Compensation
Where a landowner’s property is compulsorily acquired by the government for public purposes, they are entitled to compensation for improvements made on the land (e.g., buildings, crops, and fixtures), though not for the land itself due to the Land Use Act’s vesting clause.
Right to Seek Legal Protection
Landowners can bring legal actions to enforce their rights. This includes filing suits for trespass, unlawful occupation, or revocation of land. They may also challenge government actions in court and seek redress where their rights are unlawfully infringed.
Responsibilities and Obligations of Landowners
Alongside these rights, landowners must fulfill certain duties imposed by law, regulation, or custom. Breaching these responsibilities can lead to sanctions, litigation, or loss of property rights.
Payment of Statutory Fees and Taxes
Landowners are obligated to pay:
Ground rent to the government as consideration for holding a certificate of occupancy.
Land Use Charges, especially in states like Lagos where multiple taxes have been harmonized.
Tenement Rates to local governments.
Stamp Duties and Capital Gains Tax during land transfers.
Failure to pay these fees can result in revocation of titles, penalties, or interest charges.
Compliance with Land Use and Zoning Laws
Before developing land, a landowner must obtain planning permits and follow applicable zoning laws. Constructing a commercial structure in a residential area without proper conversion approval is illegal and can lead to demolition or sealing of the building by authorities.
Avoidance of Encroachment
Landowners are expected to respect their property boundaries. Encroaching on adjoining land—whether government or private—can lead to legal action, fines, or the need to demolish encroaching structures.
Environmental and Community Obligations
Owners must use land in a way that does not degrade the environment or pose health and safety risks. In rural areas, landowners are expected to respect communal rights such as paths, water sources, or traditional farmlands.
Documentation and Title Perfection
Landowners must ensure that they keep and secure all documents proving ownership. Documents such as survey plans, receipts, Deeds of Assignment, and Certificates of Occupancy should be properly filed and registered with the relevant Land Registry.
Respect for Tenants’ Rights
If a landowner leases their land or building, they must respect the tenancy agreement and not engage in unlawful eviction, forceful entry, or refusal to make agreed repairs.
Customary vs. Statutory Land Rights
Land can be held either under customary tenure or statutory tenure. Customary tenure is guided by native customs and applies largely in rural communities. It may involve family ownership, communal rights, and oral agreements.
Statutory tenure is governed by written laws and involves documented and registered titles. Customary landowners are encouraged to convert their interests into statutory rights by applying for a Certificate of Occupancy. Doing so provides stronger legal protection and improves the land’s marketability.
Regulatory Authorities in Charge of Land Matters
Several government bodies oversee land matters in Nigeria. These include:
The Ministry of Lands and Housing at the state level, responsible for issuing Certificates of Occupancy and coordinating land allocations.
The Land Use Allocation Committee, which advises the Governor on allocations and revocations.
The Surveyor-General’s Office, which approves survey plans.
Town Planning Authorities, which grant building approvals.
The Land Registry, where title documents are registered and stored.
Local government councils, which administer tenement rates and community-level charges.
Understanding the roles of these bodies helps landowners interact with them effectively and avoid unnecessary delays or penalties.
Key Legal Documents Every Landowner Should Have
To protect their interests and avoid land disputes, every landowner should possess:
Deed of Assignment or Conveyance, transferring title from a previous owner.
Certificate of Occupancy (C of O), issued by the state government.
Survey Plan, showing the boundaries of the land.
Governor’s Consent, obtained for any transfer of interest.
Building Plan Approval, before constructing any permanent structure.
Stamped and Registered Documents, including tax receipts and letters of allocation where applicable.
Consequences of Breach of Landowner Responsibilities
When landowners fail to meet their responsibilities, the consequences can be severe. These include:
Revocation of Title: The Governor may revoke a Certificate of Occupancy for overriding public interest or breach of conditions, such as non-payment of rent.
Demolition of Illegal Structures: Unapproved buildings may be pulled down by urban development authorities.
Loss of Legal Rights: Unregistered or improperly documented ownership may be deemed invalid in court.
Environmental Fines: Violations of environmental laws can result in monetary sanctions or criminal prosecution.
Civil Liability: Landowners may be sued for trespass, nuisance, or breach of tenancy agreements.
Common Disputes Faced by Landowners and Legal Remedies
Landowners may encounter various disputes, including:
Boundary conflicts with neighbours
Multiple claimants to one property
Family or communal ownership disagreements
Tenants refusing to vacate premises
Government acquisition without compensation
Legal remedies include:
Filing a suit for declaration of title or injunction
Applying for a stay of demolition or revocation
Instituting trespass actions against encroachers
Seeking compensation for compulsory acquisition
Engaging in alternative dispute resolution (ADR) where feasible
Case Study: Akinlade v. Ministry of Land and Housing, Lagos State
Background
Mr. Akinlade purchased a plot of land in Alimosho, Lagos in 2010 and obtained a Certificate of Occupancy. He later built a residential house without securing building approval and also failed to pay ground rent for several years.
In 2022, the Lagos State Government served a notice of revocation and threatened demolition of the building for non-compliance.
Legal Action
Mr. Akinlade filed a lawsuit challenging the revocation and attempted to argue that the title could not be withdrawn since he had already developed the land.
Decision
The court upheld the revocation. It held that land rights under the Land Use Act are conditional, and failure to comply with statutory obligations like ground rent payment and planning approvals justify revocation.
Lesson
Even with a valid title like a Certificate of Occupancy, landowners must meet all responsibilities—payment of fees, obtaining approvals, and lawful development—to avoid loss of rights.
How to Protect Your Rights as a Landowner
Always verify land titles before purchase.
Perfect your title by registering and obtaining Governor’s consent.
Pay all land-related charges as they fall due.
Get necessary planning and development permits.
Keep all documents safely and backed up digitally if possible.
Respect the rights of adjoining owners and tenants.
Hire a qualified lawyer when engaging in land transactions.
Frequently Asked Questions (FAQs)
Q: Can the government revoke my land even with a C of O?
Yes, but only for overriding public interest and upon payment of compensation for improvements.
Q: Can I sell my land without a Deed of Assignment?
No. A Deed of Assignment is the legal instrument that transfers interest. It must be executed and registered.
Q: What is the effect of not paying ground rent?
Non-payment can lead to revocation or penalties.
Q: Is oral agreement valid in land sales?
Under customary law, it may be valid, but it is not advisable. Documentation is always better and safer.
Q: Can I stop someone from building on my land?
Yes, through a court injunction or reporting to enforcement authorities.
Conclusion
Being a landowner in Nigeria is a powerful economic and legal status. However, to enjoy its full benefits and avoid disputes, one must understand and comply with the laws that govern landholding. The rights of landowners are protected, but they are not absolute. They come with serious responsibilities that must be fulfilled to maintain legal standing.
Whether you’re acquiring land for investment, development, or personal use, always seek proper legal advice and ensure that all documentation and processes are completed in accordance with the law.
Are You a Landowner or Planning to Acquire Land in Nigeria? Know Your Rights. Protect Your Assets.
Owning land in Nigeria comes with powerful legal rights — but also critical responsibilities. Don’t leave your investment exposed to disputes, revocation, or litigation due to lack of legal guidance or documentation.
At Chaman Law Firm, we help landowners and investors across Nigeria:
Secure and perfect land titles
Obtain Governor’s Consent and building approvals
Conduct land searches and due diligence
Resolve land disputes legally and professionally
Draft and register deeds, leases, and tenancy agreements
Enforce your rights and defend against encroachment or government acquisition
📞Phone: 08065553671, 08096888818
✉ Email: chamanlawfirm@gmail.com
📍 Address: 115, Obafemi Awolowo Way, Allen Junction, Ikeja, Lagos, Nigeria
🌍Click here to learn more about Chaman Law Firm
Chaman Law Firm — Your Right, We Protect.
Don’t wait until a problem arises. Let’s help you stay compliant, secure, and in full control of your property.