Introduction
The ownership and possession of land in Nigeria are two different concepts. While there may be situations where both principles intersect, they are also different concepts which persons seeking to acquire land must understand. Furthermore, the principle of adverse possession must be duly understood by persons.
This article will discuss the meaning of ownership and possession of land in Nigeria. Furthermore, it will assess the ways of proving land in Nigeria, while discussing the principle of adverse possession in Nigeria.
Ownership and Possession of Land in Nigeria
Under land law, the concepts of ownership and possession of land are different in meaning and practice.
Ownership can be described as the legal right or interest which a person has over any other person with regards to a property – in this case, land. In Abraham v. Olorunfunmi, the Court defined ownership to be:
the totality of or the bundle of the rights of the owner over and above every other person on a thing. It connotes a complete and total right over a property.[1]
On the other hand, possession involves being in hold of a property for a period of time. Hence, such possession may be physical in nature in most cases. Under land law, possession of land involves having physical occupancy of the property – for example, the possession of a property by a tenant for a period of time.
It must therefore be noted that a possessor of a land may not be the owner of the land – for example, in a tenancy, the person in possession of the land is the tenant, while the person who has passed possession for the period of time is the owner of the land [as they have legal right and interest on the property].
Proof of Ownership of Land in Nigeria
In Nigeria, there a five ways of proving ownership of land in Nigeria. This was established by the Court in Idundun v. Okumagba,[2] wherein the court identified the ways of proving ownership to land thus:
- Through traditional evidence;
- Through the production of documents to the land – such documents must be duly authenticated and executed by the aforementioned parties;
- Through actions of persons claiming to be the owners of the land – including acts of selling, leasing or partitioning of the land.
- Through acts of long possession or enjoyment of the land; and
- Through the proof of connected or adjacent land.
From the aforementioned, it is therefore notable that the courts have established binding mediums through which parties are to show ownership of land. This paper will duly discuss the concept of adverse possession in Nigeria.
- Is the possessor of a land the owner of the land? Not in all cases.
- Can the person in possession of the land also be the owner of the land? Yes, there are situations wherein the possessor of the land may also be the owner of the land.
Who is an Adverse Possessor?
The concept of an adverse possessor is one that developed from English Law. The principle is also known as “squatters rights”, and it occurs where an individual is in continuous possession of the property of another without their permission, for a long period of time. It must be noted that where an adverse possessor has enjoyed continuous possession of the property without being interrupted, the adverse possessor can apply for the acquisition of a legal title to the property – which therefore terminates the legal rights of the original owner.[3]
It must however be noted that under the concept of adverse possession, the long possession of the individual cannot override the interests and rights of the original owner. In the case of Idundun v. Okumagba, the Supreme Court, noted thus:
while possession may raise a presumption of ownership, it does not do more and cannot stand when another proves a good title (see Da Costa v. Ikomi (1968) 1 All NLR 394 at page 398).[4]
Thus, the presumption of ownership of land cannot defeat or prove a good title to land by the bonafide owner.
The courts have dealt with the issue of adverse possession in some cases. In Owoade v. Oshoboja,[5] the claimant had claimed adverse possession of the land and claimed to be the owner of the land. However, the court noted that one of the principles which must be proven by a claimant is the long enjoyment and possession of the property. In making its decision, the court held that the claimant had failed to prove acts of long possession to be the owner of the property.
- Is an adverse possessor the owner of the property? No
- Can an adverse possessor have better title than the owner of the property? No
- Can long possession however be a means of proving ownership? Yes
Legal Framework on Adverse Possession in Nigeria
The applicable laws guiding the principle of Adverse possession in Nigeria include:
- The Limitation Act of Nigeria
The Limitation Law of Nigeria provides for several limitations on a number of legal actions. This means that after the set period of time enlisted, a lawsuit cannot be initiated anymore. With regards to land and adverse possession in Nigeria, the Act notes that an action to recover land from the possessor must be brought within 12 years. It must also be taken into account that asides that Act, several States in Nigeria also have their own laws and may have different limitation periods for adverse possession under their laws.
- The Land Use Act 1978
The Land Use Act is the leading legislation on the holding, and use of land in Nigeria. Under the Act, all lands in several states [with the exception of land belonging to the Federal Government] are held in trust by the State governors. Furthermore, the Act fails to abolish the existence of adverse possession. Hence, the principle continues to exist until any repealment by the laws of the National Assembly.
Conclusion
In conclusion, the ownership and possession of land are two different principles which parties must take note of. Adverse possession also involves acts of long possession of land. Additionally, such act of long possession does not exclude the right of ownership of the bonafide owner of the land.
[1] ABRAHAM V. OLORUNFUNMI (1990) JELR 58875 (CA)
[2] IDUNDUN & OR v. OKUMAGBA & ORS (1976) JELR 40701 (SC)
[3] Maureen Eesgie “Adverse Possession: Legal Principles, Case Law, And Contemporary Applications“ (11 July 2024) < https://www.mondaq.com/nigeria/real-estate/1491302/adverse-possession-legal-principles-case-law-and-contemporary-applications > accessed 20 December 2024.
[4] Ibid, n. 3.
[5]https://app.judy.legal/case/owoade-anor-v-omitola-ors-supreme 1988?q=owoade%20v%20oshoboja&type=case&court=all&country=nigeria
