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Showing posts with the label Land Use Act

UNDERSTANDING PROPERTY OWNERSHIP: FREEHOLD AND LEASEHOLD

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UNDERSTANDING PROPERTY OWNERSHIP: FREEHOLD AND LEASEHOLD Freehold  and  leasehold  are two major forms of land ownership or land tenure in Nigeria. Therefore, it is essential to understand the difference between them, especially those dealing with real estate, investment, or land transactions in Nigeria. Below, we will have a few discussions on both forms of land ownership. Freehold Freehold  is the permanent and absolute ownership of land or property. The owner has the right to use the land for any lawful purpose and can transfer it, sell it, or bequeath it as desired. The title from such ownership is nearly absolute, unless on rare occasions. But recently in Nigeria, true freehold ownership is uncommon because of the  Land Use Act of 1978 , which vested all land titles to the state government, making them custodians of all lands within their states. As such,  freehold is mostly historical , many so-called "freehold" titles today are actually governed unde...

THE LEGALITIES OF LAND OWNERSHIP AND REAL ESTATE TRANSACTIONS IN NIGERIA

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  THE LEGALITIES OF LAND OWNERSHIP AND REAL ESTATE TRANSACTIONS IN NIGERIA Understanding land ownership laws, property rights, and real estate transactions in Nigeria can be quite stressful and difficult, given the diversity and differences in the Nigerian legal systems, historical factors, and modern developments. Below are some guides to understanding the key elements of real estate transactions in Nigeria. 1. Some Types of Land Ownership in Nigeria In Nigeria, land ownership is divided into systems: Customary Law : Land ownership is governed by traditional beliefs and family inheritance. Customary law applies in rural areas, where the local communities or villages own land, families and individuals acquire such ownership rights either through inheritance from ancestors, gift, or allocation by family head or community leaders. Statutory Law : Land ownership is governed by Nigerian statutory law applied in urban areas and follows a formal process. The law governing the allocation ...