The Basics of Statutory Right of Occupancy in Nigeria

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WHAT ARE THE BASICS OF STATUTORY RIGHT OF OCCUPANCY

A right of occupancy is the maximum interest which a private individual can enjoy over land in Nigeria. A person entitled to it is called a holder. A holder may be a sole or a group.

TYPES OF RIGHT OF OCCUPANCY

It may be statutory or customary, actual (express) or implied (deemed).

Statutory right of occupancy: This is a right which could be expressly granted by the Governor or deemed issued by operation of the Act over land in an urban area.

Express/Actual Grant: This is when the Governor grants a statutory right of occupancy to any person for any purpose for land in an urban area or elsewhere. Such right of occupancy must be granted for a definite term.

Deemed/Implied Issue : A statutory right of occupancy is deemed to be issued to a person in who land in an urban area was vested at the commencement of the Act in respect of developed or undeveloped land.

Developed land : Land in which there is any physical improvement such as electricity, drainage, building, etc.

Undeveloped land: bare land, without any improvements.

Customary right of occupancy: right granted by the Local Government over land not in urban area. It may be expressly or impliedly acquirgb(255, 0, 0).

Express Grant: This is where a Local Government grants a customary right of occupancy to any person or organization over land not in an urban area for agricultural or other purposes ancillary to agriculture. Deemed Issue could be for Developed land or Agricultural land. In any case, the holder of the deemed grant could choose to register such interest with the Local Government to further protect his interest.

"By the provisions of Section 36(1) of the Land Use Act, 1978, a Customary title holder of land, is deemed to have been granted right of occupancy over such land, and another person cannot be granted title over same parcel of land." Per BDLIYA, J.C.A. (P. 26, Paras. B-C).

INCIDENTS OF A RIGHT OF OCCUPANCY

EFFECT OF LACK OF CONSENT.

CERTIFICATE OF OCCUPANCY

INCIDENTS OF A CERTIFICATE OF OCCUPANCY

Determination of a right of occupancy could be by

PROCEDURE FOR REVOCATION

COMPENSATION

JURISDICTION OF COURT

REFERENCE:

1. Section 51(1) The Land Use Act, 1978.

2. Section 5(1)(a) The Land Use Act, 1978.

3. Section 8 The Land Use Act, 1978.

4. Section 34(2); 51(1) The Land Use Act, 1978.

5. Section 34(5) The Land Use Act, 1978.

6. Section 51(1) The Land Use Act, 1978.

7. Section 6(1) The Land Use Act, 1978.

8. Section 36(4) The Land Use Act, 1978.

9. Section 36(1) and (2) The Land Use Act, 1978.

10. ABBA & ANOR v. GAIYA (2016) LPELR-41164(CA).

11. Section 15(a) The Land Use Act, 1978.

12. OLALEYE V. TRUSTEES OF ECWA (2011) 2 NWLR (Pt.1230) 139.

13. Section 5(1)(c) The Land Use Act, 1978.

14. Section 17(1) The Land Use Act, 1978.

15. Sections 5(1)(e) and 19 The Land Use Act, 1978.

16. Sections 15 and 22 The Land Use Act, 1978.

17. Section 21 The Land Use Act, 1978.

18. Section 24 The Land Use Act, 1978.

19. Section 28(1),(2)(a) and (3)(a) The Land Use Act, 1978.

20. Section 26 The Land Use Act, 1978.

21. Sections 21 and 22 The Land Use Act, 1978.

22. Sections 34(8) The Land Use Act, 1978.

23. Section 9 The Land Use Act, 1978.

24. ORLU V. GOGO-ABITE (2010) (Pt 1196) 307.

25. Sections 9(4), 10(a) and (b) The Land Use Act, 1978.

26. TRIMSKAY NIGERIA LTD v. BANKOLE-OKI (2015) LPELR-24518(CA).

27. Section 27 The Land Use Act, 1978.

28. Section 18 The Land Use Act, 1978.

29. Section 28 The Land Use Act, 1978.

30. Section 28(4) The Land Use Act, 1978

31. Section 44 The Land Use Act, 1978.

32. Section 28(7) The Land Use Act, 1978.

33. BALLANTYNE v. A.G CROSS RIVER STATE & ORS (2017) LPELR-43527(CA).

34. section 29(1),(2) The Land Use Act, 1978.

35. FCDA & ANOR v. KUDA ENGINEERING AND CONSTRUCTION COMPANY LTD & ORS, (2014) LPELR-22985(CA).

36. section 39(1) The Land Use Act, 1978.

37. section 41 The Land Use Act, 1978.

38. section 42 The Land Use Act, 1978.

39. ADETAYO & ORS VS. ADEMOLA & ORS (2010) LPELR- 155 (SC) pages 2024.

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