Glossary of Property Law Terms — Nigeria
Introduction
This glossary defines key terms in Nigerian property law, which is governed by the Land Use Act 1978, the Property and Conveyancing Law, the Registration of Titles Act, and customary land tenure systems.
Glossary
Certificate of Occupancy (C of O)
A statutory document issued by the Governor under the Land Use Act conferring a right of occupancy on the holder. The C of O is the primary evidence of title to land in urban areas.
Community Land
Land held under customary law by a community, governed by traditional authorities, and not subject to individual ownership.
Consent of the Governor
The requirement under the Land Use Act that transactions involving interests in land (including assignments, mortgages, and leases) must be approved by the state Governor.
Customary Land Tenure
The system of land ownership and use governed by the customs of a community, typically involving family or lineage ownership rather than individual freehold.
Deed of Assignment
A legal document transferring an interest in land from one person to another, required to be registered under the Land Registration Law.
Family Land
Land owned by a family under customary law, held by the family head for the benefit of all family members, and not subject to individual alienation.
Freehold
The maximum legal interest in land, conferring ownership for an indefinite period. Freehold interests have been substantially restricted by the Land Use Act.
Interest in Land
A legal right or estate in land, including freehold, leasehold, and rights of occupancy under the Land Use Act.
Land Use Act
The 1978 statute that vested all land in each state in the Governor, replacing the former freehold system with rights of occupancy.
Lease
A contractual grant of the right to possess and use land for a specified period in exchange for rent. Leases exceeding three years require registration.
Mortgage
A transfer of an interest in land as security for a loan. The mortgagor grants the mortgagee a right over the property that is discharged when the loan is repaid.
Power of Attorney
A legal document authorizing one person to act on behalf of another in property transactions.
Right of Occupancy
The interest in land granted under the Land Use Act. Statutory rights of occupancy are granted by the Governor; customary rights of occupancy are recognized under customary law.
Stamp Duty
Tax payable on legal documents, including those relating to land transactions. Documents that are not stamped may not be admissible in evidence.
Sublease
A lease granted by a tenant to a third party, transferring part of the tenant’s interest for a period less than the head lease.
Survey Plan
A plan of land prepared by a licensed surveyor, showing boundaries, dimensions, and features. Required for registration of land transactions.
Tenancy
The right to possess land under a lease or rental agreement, subject to the terms of the tenancy and the Landlord and Tenant Law of the relevant state.
Title
The legal right to ownership or possession of land. Title may be evidenced by a Certificate of Occupancy, deed of assignment, or other registered documents.
Torrens System
A system of land registration where the register reflects the legal title. Nigeria has a mixed system of registration of deeds and registration of title.