28/06/2026
WHAT MAKES LAND OWNERSHIP VALID UNDER NIGERIAN LAW?
A Legal Perspective with Statutory and Judicial Authorities
Land ownership is one of the most litigated subjects in Nigeria. Many people wrongly assume that once money is paid for land, ownership automatically passes to the purchaser. However, under Nigerian law, payment alone is insufficient. A valid title to land must be established through recognized legal means.
1. PROOF OF TITLE TO LAND
The Supreme Court of Nigeria in Idundun v. Okumagba (1976) 9–10 SC 227 laid down five recognized methods of proving title to land:
1.By traditional evidence;
2.By production of valid documents of title;
3.By acts of ownership extending over a sufficient period;
4.By acts of long possession and enjoyment; and
5.By proof of possession of connected or adjacent land in circumstances rendering it probable that the owner of such adjacent land is also the owner of the land in dispute.
These principles remain the foundation of land ownership claims in Nigeria.
2. PAYMENT OF PURCHASE PRICE ALONE IS NOT ENOUGH
Although payment is an essential element of a land transaction, it does not by itself transfer legal ownership.
The purchaser must show:
1. Payment of the purchase price;
2. Intention of the vendor to transfer title; and
3. Proper ex*****on and delivery of relevant title documents.
Documents commonly used include:
1. Receipt of purchase;
2. Contract of Sale;
3. Deed of Assignment;
4. Conveyance;
5. Deed of Gift.
A person who merely pays money without obtaining a valid transfer may face difficulties establishing ownership.
3. VALID DOCUMENTS OF TITLE
Ownership is strengthened where the purchaser possesses authentic land documents, including:
1. Survey Plan;
2. Deed of Assignment;
3.Registered Conveyance;
4. Certificate of Occupancy (C of O);
5. Governor's Consent;
6. Registered Deed of Transfer.
In Romaine v. Romaine (1992) 4 NWLR (Pt. 238) 650, the Supreme Court emphasized that title documents must be genuine, valid, and traceable to a lawful owner.
4. POSSESSION AS EVIDENCE OF OWNERSHIP
Possession of land is an important factor recognized by law.
Acts showing ownership include:
1. Fencing the land;
2.Building on the land;
3..Farming or cultivation;
4.Leasing the property;
5.Exercising control over the land.
Statutory Authority
Section 143 of the Evidence Act, 2011 provides that when the question is whether a person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner.
Judicial Authority
In Da Costa v. Ikomi (1968) 1 All NLR 394, the Supreme Court held that possession raises a rebuttable presumption of ownership.
5. THE SELLER MUST HAVE THE RIGHT TO SELL
A fundamental principle of law is that:
"Nemo dat quod non habet" — No one can give what he does not have.
Therefore, a purchaser can only acquire the title possessed by the vendor.
In Awojugbagbe Light Industries Ltd. v. Chinukwe (1995) 4 NWLR (Pt. 390) 379, the Supreme Court stressed that a purchaser must investigate the vendor's title before buying land.
6. FAMILY LAND MUST BE SOLD WITH PROPER CONSENT
Under Nigerian customary law, family land cannot validly be sold by one family member acting alone.
The consent of:
1. The Head of the Family; and
2. Principal Members of the Family
is generally required.
Authorities include:
1. Ekpendu v. Erika (1959) SCNLR 186
2. Mogaji v. Nuga (1960) 5 FSC 107
A purported sale without the necessary consent may be declared void or voidable.
7. GOVERNOR'S CONSENT UNDER THE LAND USE ACT
The Land Use Act, Cap. L5, Laws of the Federation of Nigeria 2004 regulates land ownership in Nigeria.
Relevant Provisions
Section 1
Vests all land in each State in the Governor to hold in trust for the people.
Section 22
Requires Governor's Consent before the holder of a Statutory Right of Occupancy can alienate or transfer his interest.
Section 26
Provides that any transaction carried out contrary to the provisions of the Act may be null and void.
8. DUE DILIGENCE BEFORE PURCHASING LAND
A prudent purchaser should:
1. Verify the seller's identity;
2. Conduct a land registry search;
3. Inspect the survey plan;
4. Confirm there is no litigation over the land;
5. Verify family or community consent where necessary;
6. Obtain professional legal advice before payment.
CONCLUSION
Under Nigerian law, valid land ownership is not determined merely by payment of money. Ownership is established through lawful acquisition, valid title documents, possession, acts of ownership, and compliance with statutory requirements, particularly the Land Use Act.
Any person intending to acquire land should ensure that all legal requirements are satisfied in order to avoid future disputes and litigation.
S. A. TADESE ESQ.
Legal Practitioner
Iwo, Osun State, Nigeria.
