REAL PROPERTY LAW AND PRACTICE IN NIGERIA

15,000.00

Authors:

Samuel A. Osamolu

Oluwakemi T. Oduwole

Caroline O. Oba

 

ABOUT THE BOOK

Real property means land and the things attached to it so as to become part of it. The law of real property is that branch of law which deal with systematic expression of the degrees and forms of control, use and enjoyment of land which are recognized and protected in law.

The basic rule under customary law is that land belongs to the villages, communities or families with the Cheif or Headman of the community or the family as the “manager” or “trustee.” The Land Use Act has however, divested landowners of radical title to land and vested same in the Governor of the states for the beneficial use of Nigerians. To be valid, alienation of proprietary right in land must satisfy certain requirements of the law both in form and content. This book has set out, in sixteen easy-to-read chapters, these intricate details of the law and practice relating to real property in Nigeria so as to simplify the search by law students, Lawyers and other professionals in this lucrative field, for up to date materials.

 

ABOUT THE AUTHORS

Samuel A. Osamolu Esq. Studied law at the University of Ibadan and graduated in 1992 with LL. B (Hons.). He attended the Nigerian Law School and was called to the Nigerian Bar on December 16,1993. He proceeded to the University of Lagos, Nigeria where he conpleted and was awarded the Master of Law Degree (LL.M) in February 1997. He was employed by the Council of Legal Education as a Lecturer in November 1997. He is currently a Director and Head of Academics, in the Nigerian Law School headquarters, Abuja. He has taught real property law and practice almost two decades at various times in the Bar Parts 1and 2 classes.

 

Oluwakemi T. Oduwole (Mrs.) studied law at the Ogun State University (now Olabisi Onabanjo University), Ago-Iwoye, Ogun State and graduated in 1996 with LL.B(Hons.). She proceeded to the University of Lagos, Nigeria where she completed and was awarded the masters of laws degree in the year 2000. She was employed by the Council of Legal Education as a lecturer in 2003. She taught real property law and practice for over five years both in parts 1and 2 of the vocational training programme of the law school. She is currently an Attorney-At-Law in Canada.

 

Dr. Caroline O. Oba (Mrs) studied law at the University of Binin and was awarded LL.B (Hons.) in 1999. She was employed by the council of Legal Education in 2003 as a Research Assitant to the Director General and Lecturer. She proceeded to the University of Jos, Nigeria where she completed and was awarded the Master of Laws degree in 2008 and Doctor of Laws in 2015, respectively. She has taught real property law and practice for over ten years both in Bar parts 1 and 2 of the vocational training programme of the Law School

 

ISBN: 978-978-53826-2

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Description

Content

 

Land as the surface of the earth

Subjacent things of a physical nature

Coporeal and incorporeal hereditament

Categorization of rights over land

Customary land tenure

The received English law

Local Enactments

Nigerian case law

 

Customary Land Tenure System

Communial land holding

Management of comnunial land

Communal/Family Head

Legal status of the communal/ Family Head

The Commual/Family head and Accountability

Who are the principal members of a family?

The use of power of attorney in the management of family property

Members interest in communal/family property

Rights and duties of Members

Family property and self acquired property

Definition of family

Rights of family members

Creation of family property

Selected illustrative cases

Sale of land under customary law

Customary land relationship

Gift of land

Land borrowing

Customary tenacy

Nature of interest created under customary tenacy

Rights of a customary tenant

Kola tenancy

Customary pledge

Effects of the land use act on customary land law

On the eve of the land use act

The inception of the land use act

Status of the land use act under the right of occupancy

Vesting of title in the governor

Ways of proviing title to land in nigeria

Revocation of a right of occupancy

Payment of compensation for revocation of a right of occupancy

 

Security of title under the land use act. Security of title to land prior to the land use act

Security of title under the land use act

 

Nature and inciden5s of a right of occupancy

Nature of rights of occupancy

Rights of occupany and other interests in land

Devolution of a right of occupancy

 

Certificate of occupancy

Certificate of occupancy as evidence of title of land

Validity of a certificate of occuancy

Conditions imposed on holders of certificate of occupancy

The issue of priority

Procedure for issuing certificate of occupany

 

Rent

 

Contract for the sale of land

Instrument of Alienation of title of land.

 

Registration of title

Registration of instruments relating to land

Leases and tenancies

Mortgage

Wills

Probate and Admunistration of estate

Letters of administration

Personal representatives

Taxation of real property

Remuneration of legal practitioners for land documentation in Nigeria

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