Analysing The Rights Of A Minor Owning Land In Nigeria

By Oyetola Muyiwa Atoyebi, SAN, FCIArb. (UK).

SNIPPET

A person under the age of 21 can only own land in Nigeria through a duly appointed trustee.

INTRODUCTION

Land is important for every human activity on earth as it is the source of all material wealth. In order to regulate the ownership, use, and development of land and land resources, countries all over the world have instituted land ownership systems aimed at consistently balancing of the interests of the government. The concept of land ownership in Nigeria is wide, thus, for the purpose of this paper, the ownership of land in Nigeria will be restricted to the right(s) of a minor owning land in Nigeria.

There are situations where parents make decisions to purchase Land for their children as birthday gifts, especially as lands appreciate in value, and in their bid to provide the best for their children, as well as secure their future. There are however certain factors to consider before such a purchase is made.

This paper will therefore discuss the following:

1. The meaning of Land.
2. The meaning of the word “minor”.
3. The concept and incidents of Land Ownership.
4. The regulatory bodies applicable to the ownership of land.
5. The rights of a minor owning land in Nigeria.

Meaning of Land

Chapter 2: General Concept of Land Ownership (textbook pg 128)

Outline:

1. Definition of Land
2. English Law of Fixture
3. Tests for determining fixtures and chattel
4. Application of English law of fixtures
5. General principles of fixtures
6. Exceptions to General Principles on Fixtures
7. Concept of Joint Ownership
8. Difference between Joint tenancy and tenancy in common

Definition of Land

1. ‘Land’ under s. 5 of NLC

Chapter 2: General Concept of Land Ownership (textbook pg 128)

Outline:

1. Definition of Land
2. English Law of Fixture
3. Tests for determining fixtures and chattel
4. Application of English law of fixtures
5. General principles of fixtures
6. Exceptions to General Principles on Fixtures
7. Concept of Joint Ownership
8. Difference between Joint tenancy and tenancy in common

Definition of Land

1. ‘Land’ under s. 5 of NLC

anything that is attached to the earth or permanently fastened to

anything attached to the earth, and whether the land is on or below the surface.

anything that is attached to the earth or permanently fastened to

anything attached to the earth, and whether the land is on or below the surface.

anything that is attached to the earth or permanently fastened to

anything attached to the earth, and whether the land is on or below the surface.

Land is anything that is attached to the earth or permanently fastened to anything attached to the earth, irrespective of whether the land is on or below the surface. It is the part of the earth’s surface that is not covered by water.

Implications of the term “Minor”

A Minor is an individual under the age of full legal capacity. Section 29 (4) (a) of the 1999 Constitution, defines full age as the age of eighteen years and above.[1] In other words, anyone from seventeen and below, will be regarded as a minor.

Concept and Incidents of Land Ownership

The ownership, alienation, acquisition, administration and management of land within the Federal Republic of Nigeria is being regulated by the Land Use Act.  Land Use Act vests all land comprised in the territory of each state in the Federation of Nigeria in the Governor of that state, and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of the Act[2].

Owning a land in Nigeria means that the owner of land has the right to possess, use, or otherwise benefit from, as well as dispose of, the land.

Regulatory Bodies Applicable to the Ownership of Land in Nigeria.

The major regulatory bodies that give rights to the ownership of land in Nigeria are:

• The Constitution of the Federal Republic of Nigeria (1999) as amended.
• The Land Use Act 1978.

The 1999 Constitution

The constitution provides for the right to acquire and own immovable property anywhere in Nigeria. According to the Constitution, every citizen of Nigeria shall have the right to acquire and own immovable property anywhere in Nigeria[3]. The Constitution gives right to every individual who is a citizen of Nigeria, the right to own immovable property in Nigeria. In other words, anyone, so long as the person is a Nigerian, can own a land in Nigeria.

The Land Use Act

As indicated earlier, Land Use Act vests the Governor of the State with the statutory right to own land[4]. The Land Use Act provides for the control and management of land in Nigeria. The Act was created to ensure the effective and equitable utilisation of Land.

Rights of a Minor Owning Land in Nigeria

The Constitution has provided that every citizen can own immovable property in Nigeria and the Land Use Act states that; with respect to land, it shall be lawful for the Governor to grant statutory rights of occupancy to any person for all purposes, whether or not it is in an Urban Area.[5]

On the other hand, the Act provides that it will be unlawful for the Governor to grant a statutory right of occupancy or consent to the assignment, or subletting of a statutory right of occupancy to a person under the age of 21 years.[6] In other words, any person below the age of 21 cannot at first instance own a land.

The Act provides an exception as to how a person below the age of 21 can own a land. According to the Act, a person under the age of 21 can only own a land in Nigeria through duly appointed trustee.[7] Therefore, the only way a person below 21 can own a land in Nigeria, is through a trustee.

Furthermore, if in the event the trustee dies, the person whose land is being held, shall have the liabilities and obligations with respect to right of occupancy, as if he were of full age[8]. Therefore, for the purposes of land ownership in Nigeria, a person of full age is a person who has attained the age of 21.

CONCLUSION

Although the constitution provides for the rights of citizens to own immovable properties, the Land Use Act specifically indicate the age group that has the exclusive right. Any person below the age group who intends to own a land, as provided for by the Act, will require a trustee. Therefore, parents who out of excitement decide to purchase lands for their children under the age of 21, can only do so by assigning a trustee.

Key terms: Minor, Land ownership.

AUTHOR: Oyetola Muyiwa Atoyebi, SAN, FCIArb. (UK).

Mr. Oyetola Muyiwa Atoyebi, SAN is the Managing Partner of O. M. Atoyebi, S.A.N & Partners (OMAPLEX Law Firm).

Mr. Atoyebi has expertise in and vast knowledge of Property Law and this has seen him advise and represent his vast clientele in a myriad of high-level transactions.  He holds the honour of being the youngest lawyer in Nigeria’s history to be conferred with the rank of Senior Advocate of Nigeria.

He can be reached at atoyebi@omaplex.com.ng

CONTRIBUTOR: Theodora Nnodim.

Theodora is a member of the Dispute Resolution Team at OMAPLEX Law Firm. She also holds commendable legal expertise in Property Law.

She can be reached at theodora.nnodim@omaplex.com.ng.

[1] Section 29(4)(a) of the Constitution of the Federal Republic of Nigeria (1999) as amended

[2] Section 1 of the Land Use Act 1978

[3] Section 43 supra

[4] Section 1 supra

[5] Section 5(1)(a) of the Land Use Act 1978

[6] Ibid Section 7

[7] Ibid  section 7(a)

[8] Ibid section 7(b)