What is the Statutory Right of Occupancy in Nigeria?

Introduction:

The statutory right of occupancy in Nigeria is a fundamental concept in land tenure and property ownership. It confers certain legal rights and privileges to individuals or entities in relation to land in the country. This article provides an in-depth understanding of the statutory right of occupancy, its nature, and its implications for landholders in Nigeria.

What Is a Statutory Right of Occupancy?

A statutory right of occupancy, often referred to as SRO, is a type of land title granted by the government of Nigeria to individuals or entities. It represents a legal recognition of the holder's right to possess and use the land for specific purposes, as defined by the government.

Types of Statutory Rights of Occupancy:

In Nigeria, there are two primary types of statutory rights of occupancy:

• Statutory Right of Occupancy (Private): This type is granted to individuals for residential, commercial, or agricultural purposes. The landholder enjoys exclusive use and control of the land, subject to the terms and conditions specified in the certificate of occupancy.

• Statutory Right of Occupancy (Public): This type is granted for public purposes, such as the development of infrastructure, public buildings, or government projects. The landholder, in this case, retains a right to compensation for any developments on the land, and the government reserves the right to reclaim the land when the public purpose is fulfilled.

Key Features of Statutory Right of Occupancy:

• Exclusive Use and Possession: The landholder has the exclusive right to use and possess the land for the purpose specified in the certificate of occupancy.

• Terms and Conditions: The certificate of occupancy may contain specific terms and conditions, such as land use restrictions, development obligations, and duration.

• Revocable by Government: The government can revoke a statutory right of occupancy under certain circumstances, such as non-compliance with terms or for public interest reasons.

• Transferability: Statutory rights of occupancy can be transferred, subject to government approval and payment of relevant fees.

• Compensation for Public Purpose: In cases of public land acquisition, the landholder is entitled to compensation for any improvements made on the land.

Process of Obtaining a Statutory Right of Occupancy:

To obtain a statutory right of occupancy in Nigeria, individuals or entities must follow a prescribed application process, including submission of an application to the state government's land authority, payment of application and processing fees, and adherence to land use and development guidelines.

Conclusion:

The statutory right of occupancy in Nigeria is a vital legal instrument that grants landholders the right to use and possess land for specified purposes. Understanding the nature and implications of this right is crucial for anyone involved in land transactions and property ownership in Nigeria.