Land Rights

Question 1

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Possessory Rights

Answer 1

1. Right to be in actual occupation of the land
2. The right to keep trespassers out
3. Right to bring actions against trespassers
4. In a way, the presumption of ownership

Question 2

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Limitations to absolute ownership of land

Answer 2

1. Protection of the right of others e.g. tort of nuisance
2. Town planning and urban development laws
3. Other land rights like easements and restrictive covenants
4. All land now belongs to the governor

Question 3

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Ways to prove land ownership

Answer 3

Idundun v Okumagba
1. Traditional history - oral
2. Title documents - writing
3. Acts of ownership exercised for a long time - conduct
4. Long possession
5. Possession of an adjacent land

Question 3

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Key words in the definition of land by Tobi JCA in Abraham v Olorunfunmi

Answer 3

1. Complete and total right
2. Not subject to another’s right
3. Full and final right of alienation
4. Use land for any purpose
5. Alpha and Omega
6. Begins and ends with him
7. Allodial owner

Question 3

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Sources of land ownership

Answer 3

1. Communal
2. Family
3. Individual
4. State

Question 3

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Criticisms of Lord Heldane’s remark about individual ownership being alien to customary law.

In what case was the remark made?

Answer 3

Amodu Tijani v Secretary of Southern Nigeria

Though individual ownership was not common, it existed.
1. Gifts of land were given to individuals who were prominent
2. The founders held the land individually before forming a community

Question 4

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The changes made to ownership of land by the Land Use Act

Answer 4

1. No one owns land
2. Ownership is replaced with a right of occupancy
3. Land is vested in the governor

Question 5

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Who has dejure possession?

Answer 5

Land owner

Question 6

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What is defacto possession?

Answer 6

Physical control or relation with the land

Question 7

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Are wrongful possessors entitled to possessory rights?

Answer 7

Yes

Question 8

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When is possession presumed to be ownership?

Answer 8

Whwn it has been long and continuous

Question 9

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Right of prescription at common law and in statutes

Answer 9

The Limitation Act and Laws of various states allow an adevrse possessor to become an owner of the land if he is in possession for at least 12 or 20 years, for individual or state land respectively.

Question 10

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Is ownership by prescription allowed in customary law?

Answer 10

Generally, no such thing exist but it can be allowed in exceptional cases

Question 11

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Cases that talk about ownership by prescription in customary law

Answer 11

1. Akpan Awo v Cookey Gam
2. Okiade v Morayo
3. Epelle v Ojo
4. Nwakobi v Nzekwu

Question 12

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Requirements for ownership by prescription

Answer 12

1. Adverse possession
2. Possession is long, continuus and undisturbed
3. Possession is for at least 12 or 20 years

Question 13

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The factors the court considers before allowing ownership by prescription in customary law

Answer 13

1. The initial possession didn’t come from the owner’s consent like in cases of tenancy or any instance of consent
2. The possessor reasonably believed he had the right to be there
3. The owner had knowledge and gave consent through his conduct
4. The possessor has altered his position or expended money to be on the ;and
5. There were no settlement moves or close relationship between the parties that stalled instituting a timely action
6. The possession is long enough

Question 14

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Prescription in Islamic law

Answer 14

1. Possession for at least 10 years
2. Owner sleeps on his right and stands by
3. Absence of blood or family relations between both parties

Question 15

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The proprietary insterests in land

Answer 15

1. Right of occupancy
2. Sublease
3. Underlease
4. Sub underlease
5. Charge by way of legal mortgage
6. Right of entry
7. Right, easement or privilege over the preceding inteerests