Safeguarding the Future: Understanding the Role of Guardians in Property Transactions for Minors
July 12, 2025
As a property owner in Nigeria, it’s essential to understand the Land Use Act, a federal law that governs land ownership and use in the country. Enacted in 1978, the Act has far-reaching implications for property owners, and its provisions can significantly impact your rights and interests.
What is the Land Use Act?
The Land Use Act is a federal law that vests all land in the state, with the Governor holding land in trust for the people. The Act aims to regulate land use, promote development, and ensure equitable access to land.
Key Provisions of the Land Use Act
- Vesting of Land in the State: The Act vests all land in the state, with the Governor holding land in trust for the people.
- Certificate of Occupancy: The Governor issues a Certificate of Occupancy to property owners, which serves as proof of ownership and occupation.
- Consent of the Governor: The Act requires the consent of the Governor for any transaction involving land, including sales, transfers, and mortgages.
- Revocation of Land: The Governor can revoke land for overriding public interest, with compensation paid to the owner.
Implications for Property Owners
- Restrictions on Land Ownership: The Act restricts individual ownership of land, as all land is vested in the state.
- Need for Governor’s Consent: Property owners must obtain the Governor’s consent for any transaction involving land, which can be time-consuming and bureaucratic.
- Risk of Revocation: Property owners face the risk of revocation of their land for overriding public interest, which can result in loss of property and compensation.
- Importance of Documentation: Property owners must ensure they have proper documentation, including a Certificate of Occupancy, to prove ownership and occupation.
Best Practices for Property Owners
- Obtain a Certificate of Occupancy: Ensure you obtain a Certificate of Occupancy from the Governor to prove ownership and occupation.
- Seek Consent of the Governor: Obtain the Governor’s consent for any transaction involving land to avoid disputes and complications.
- Conduct Due Diligence: Conduct thorough due diligence on the property, including verifying the seller’s ownership and ensuring compliance with the Act.
- Seek Professional Advice: Consult with a property lawyer to ensure compliance with the Act and protect your interests.
Conclusion
The Land Use Act has significant implications for property owners in Nigeria. Understanding the Act’s provisions and implications can help property owners navigate the complexities of land ownership and use. By following best practices and seeking professional advice, property owners can protect their interests and ensure compliance with the Act.
Recommendations
- Property owners should prioritize obtaining a Certificate of Occupancy and ensuring proper documentation.
- The government should streamline the process of obtaining the Governor’s consent and provide clarity on the Act’s provisions.
- Property owners should seek professional advice to ensure compliance with the Act and protect their interests.
By understanding the Land Use Act and its implications, property owners in Nigeria can make informed decisions and protect their interests.
✍ Echezona I.Ikwuebesi,Esq
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