Ownership

Question 1

A layman’s definition of ownership

Answer 1

Ownership is the right to use anything. Since land is immovable it has a right of ownership.

Question 2

A standard definition of ownership

Answer 2

Ownership is a relationship that exist between a person who has land by virtue of such relationships the owner has authority and absolute power to alienate, transfer and receive income

Question 3

How is ownership different in England and Nigeria

Answer 3

In England the possession of land belongs to the crown but in Nigeria before the advent of the land use act 1978 land could be communally owned or by family or by and individual however the genesis land use act 1978 which best land ownership to the state governor for the mutual benefit of all.

Question 4

What are the types of ownership?

Answer 4

1. Immediate ownership. This is the ownership in which the the owner is in physical possession of the land.
2. Non-immediate ownership: this is when the owner is not in physical possession of the land but grants the possession of the land to another as a result of the interest that was created which could be a lease or tenancy when grant ends or expires possession reverse back to the owner unless renewed

Question 5

How many characteristics to land ownership are there. What are the characteristics of land ownership?

Answer 5

2
Characteristics
1. No land is without owner, every land is owned
2. Ownership of land is absolute

Question 6

What are the methods for proving ownership

Answer 6

5 ways of proving ownership was stated in DO Idundun v Daniel Okumagba

1. Tradition evidence e.g history of land inheritance
2. By production of title documents
3. By act of the person or persons claiming the land
4. Act of long possession and enjoyment of land which my be evidence of ownership of a particular land
5. Proof of possessing of connecting and adjourning hearts.

Question 7

Types of documents of title

Answer 7

1) Deed of conveyance
2) Deed of transfer which must be valid before the law
3) Deed of assignment , parcel clause that describes the land

Question 8

Explain tradition evidenced

Answer 8

This evidence has claimed to have existed be beyond the time in living memory adduced by members of the land owning communities and family. Evidence is usually given on an oral account or here say as narrated or pasta by the oldest surviving member of such family also distorted due to repetition
The courts will look at the demeanour of the complainant and also the facts through the vaiclity test

Question 9

Proof of documents of title

Answer 9

It is simply a deed of conveyance and assignment made my party to a sales bearing in mind the consent of the governor as required by law

Question 10

What must deed of conveyance have

Answer 10

It must be clearly written containing the description of parties and must be regular on its face and satisfy the requirements of law.

Question 11

What is a parcel clause

Answer 11

It is a comprehensive description of the property being sold, and sometimes a survey plan. It’s must also contain a recital, which must be signed by witnesses.

Question 12

Proof from acts of claimants

Answer 12

By showing acts of ownership, like sending parcels of land, leasing and renting

Question 13

What was stated in the case of Nee Ekpo v Chief ee ita

Answer 13

The court held that for a claim of declaration of title, the burden of proof is on the claimants. act of ownership, extending over lengthy period of time to warrant that the claimants are exclusive owners of such land

Question 14

Acts of long possession

Answer 14

Also, the acts of long undisturbed possession and enjoyment of land may be a prima facie evidence of ownership of the particular piece of quantity of land with reference to which such acts are done. Such acts of long possession are however in a claim of declaration of title.

Question 15

Proof of ownership of connecting or adjacent land

Answer 15

The Court would assume the owner of that connected adjacent land will also be the owner of the land in dispute

Question 16

States the limitation to ownership rights

Answer 16

Number one public law limitation
Number two private to Law limitation

Question 17

Public law limitations to land

Answer 17

There are public law limitations to line, and these limitations may be to benefit to society at whole so this may town planning laws of settings setback to the right of way.

Question 18

Private law limitation

Answer 18

The right a person have to use his landdoes not mean you can cause a nuisance other peoples enjoyment of their land. Person is the must respected environmental laws, and not cause nuisance, is to others in enjoyment of land

Question 19

What does ius utendi, fruendi, abutendi means

Answer 19

a right of using, of profiting from, of using up. First, utendi, using: ‘use’ here implies exclusive use. The owner of a thing may not only use it himself, but he may also prevent others from using it without his permission. Second, fruendi, enjoying the fruits: the nature of the ‘fruits’ or profits which may be taken by the owner depend on the nature of the thing owned. The owner of an apple tree takes the fruits of it in a literal sense, but the ‘fruits’ of property will more often be money profits: rent from the tenant of a house, interest on a bank or building society account, dividends on shares, and so on. Third, abutendi, using up: abutendi has a double meaning.

Question 20

What does seisin mean

Answer 20

It is the root of title

Question 21

According to Nwabueze ownership therefore on allodial character

Answer 21

(of tenure) characterized by or relating to the system of holding land in absolute ownership. the allodial system

Question 22

What are the limitations to ownership

Answer 22

Public law restrictions
Private Law restrictions

Question 23

Public law restrictions

Answer 23

These are the restrictions that are imposed on all owners of a particular kind of property, either for the benefit of society as a whole in the interests of certain sectors of the community.

Question 24

Private law restrictions

Answer 24

Restrictions are imposed under the rules of neighbour law by owners themselves. For instance, By granting a servitude to an outsider.