Introduction
Ownership of land is a big deal in Nigeria just like the rest of the world. However, rights over land in Nigeria vary and some types of rights have more legal weight than others. The right of occupancy is the best right a landowner can have over land since the Land Use Act of 1978. This article will guide you through what it is, how to obtain it, and why it is essential for anyone dealing with land in Nigeria.
Contents
How to Obtain a Right of Occupancy
Rights and Obligations of Occupiers.
Transfer and Assignment of Right of Occupancy
Risks of Not Having a Right of Occupancy
What is a Right of Occupancy?
It is a right granted by the government to a legal person to use and occupy land. This essentially gives the holder the right to use the land for a specified period, subject to certain conditions. It is the highest claim anyone can have in Nigeria over any land. Except if the right of occupancy was acquired without a good title, no other person but the government can have a better claim over a land than the holder of a right of occupancy in respect of that land.
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Legal Framework in Nigeria
The primary law governing land rights in Nigeria is the Land Use Act of 1978. This Act vests all land in each state in the governor, who holds it in trust for the people. The Act also provides for the issuance of rights of occupancy, over lands in a state to the people based on some conditions.
Types of Right of Occupancy
- Statutory Right of Occupancy: this is the type granted by the governors for urban lands in their states.
- Customary Right of Occupancy: this is the type granted by local governments for rural lands.
How to Obtain a Right of Occupancy
This involves several steps:
- Application Process: Submit an application to the relevant authority.
- Required Documentation: Provide necessary documents such as identification, land survey, and proof of ownership.
- Approval Process: The application is reviewed, and if approved, a certificate will be issued to you.
It is important I state here that you are better off with a lawyer undertaking this process for you on an agreed fee. In fact, your first step should be to consult a lawyer. In the long run, it will save you time and money than having to undertake the process yourself. Click here to talk to one of our property lawyers.
Rights and Obligations of Occupiers
Holders of a right of occupancy have certain rights, including the right to use the land for the specified purpose. However, they also have obligations, such as paying rent and ensuring the land is used in accordance with the terms of the grant. Remember, an occupier or holder of a right of occupancy remains so at the mercy of the government. Failure to keep to his obligations may result to unpleasant circumstances.
Duration and Renewal of Right of Occupancy
Occupancy is typically granted for a specific period, often 99 years for statutory rights. Renewal involves reapplying and ensuring compliance with the terms of the original grant. The ultimate decision to renew or not is at the government’s discretion.
Revocation
The government can revoke a right of occupancy for several reasons, including public interest or breach of terms. Revocation has significant legal implications, and affected parties may seek redress in court.
Transfer and Assignment of Right of Occupancy
It can be transferred or assigned to another party. This process requires legal documentation and approval from the relevant authorities to ensure the transfer is valid. A holder of a right of occupancy who wishes to transfer or assign the rights to another, should get a lawyer to prepare the necessary documents for him. Or if the other party has his own lawyer (which is often the case), it is advised that you have your own lawyer look through documents to ensure that your interests are protected.
Common Issues and Disputes
Land ownership in Nigeria can be fraught with issues such as disputes over ownership, encroachments, and fraudulent claims. Though getting a right of occupancy gives you the best of rights over the land, it does not cure a defect in your title. That is, if you got your land fraudulently, or from the people who have no capacity to transact with you, that you have a right of occupancy will not stop the rightful owners from succeeding in a claim against you. Resolving these disputes often involves legal action and mediation, and they are not cheap.
So, before you go all the way to acquire occupier status on a land, ensure you get a lawyer to do all diligence on the land for you before you even pay any money. It will be foolish to do otherwise. Always get a lawyer (preferably property lawyers) early on in your land transactions for the right advice and guidance. Click here to chat with one of our property lawyers on WhatsApp.
Benefits
Having a right of occupancy provides legal security and clear ownership of the land. It also ensures that the land can be used for the intended purpose without fear of eviction or demolition without compensation by the government, as the certificate issued you is a proof that the government is aware of you occupying the land.
Risks of Not Having a Right of Occupancy
Without a right of occupancy, individuals face legal complications and the risk of eviction and even demolition by the government. It is important to secure this right to avoid such issues.
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Conclusion
Securing a right of occupancy is essential for anyone dealing with land in Nigeria. It provides legal security, clear ownership, and helps avoid disputes. It is the ultimate ticket to peace of mind over your land, provided you have a clean title from the onset.
FAQs
- What is the difference between a statutory and customary rights of occupancy?
- A statutory right is granted by the governor for urban land, while a customary right is granted by local government for rural land.
- Can a right of occupancy be inherited?
- Yes, it can be inherited, subject to the terms of the grant and relevant laws.
- What happens if my right is revoked?
- If revoked, you may seek legal redress in court to challenge the revocation or seek compensation.
- How long does it take to obtain this?
- The duration varies but typically takes several months, depending on the complexity and completeness of the application.
- Is it necessary to register a right of occupancy?
- Yes, registering it is highly recommended to ensure it is legally enforceable.
About Deed of Assignment for Land in Nigeria
