Land law in Nigeria / / Adefi M.D. Olong

• Record Nr.: UNINA9910955956103321
• Autore: Olong Adefi M
• Pubbl/distr/stampa: Lagos, : Malthouse Press, 2011
• ISBN: 9786613905819; 9781283593366; 128359336X; 9789788422723; 9788422721; 9789788422709; 9788422705
• Edizione: [2nd ed.]
• Descrizione fisica: 1 online resource (274 p.)
• Disciplina: 346.669043
• Soggetti: Real property - Nigeria; Land tenure - Law and legislation - Nigeria; Land use - Law and legislation - Nigeria; Land reform - Law and legislation - Nigeria
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Description based upon print version of record.
• Nota di bibliografia: Includes bibliographical references and index.
• Nota di contenuto: Cover; Title page; Copyright page; Dedication; Preface; Cases cited; Statutes; Contents; Chapter 1 - Land per se; Any precise definition of land?; Appraisal and critique of definitions of Land; Whither the doctrine Cuius est solum eius est usque ad coelum et da inferos and Quic quid plantatur solo, solo credit? ; Understanding the Common Law concept of land; Quic quid plantatur solo solo cedit and the rule of Customary land law in Nigeria; Removal of Fixtures; Sources of Nigerian Land Law; Nigerian Legislation; Chapter 2 - Concept of ownership; Methods of providing ownership of land; The character of possession Chapter 3 - Ownership and communal land holding under customary land tenure; Meaning of communal land; Ownership of land by the community; Origin of communal land; Management of communal land; Rights of members to communal land; Strangers as regard communal land; Communal lands and ; contemporary developments; Chapter 4 - Individual land ownership; Defining individual land ownership; Origin of individual land ownership; Alienation of individual land; Chapter 5 - Family land ownership; What then is a family?; Origin of family land; Rights of members over family land; Some explanatory terms/distinctions as regards family land ownership Chapter 6 - Alienation under customary law; Acquisition of family land and its relevance to alienation; Alienation of family land; Requirement for a valid alienation of family land; Void and voidable alienation; Validity of sale of family land under customary law; Chapter 7 - Customary tenancy; Nature of customary tenancy; Defining customary tenancy; Terms associated with customary tenancy; How customary tenancy can be created; Classes of customary; Obligation of the overlord; Rights of the overlord; Duties of the customary tenant How customary tenancy can be determined; Forfeiture re-defined; Chapter 8 - Pledge; Definitional clarification; Essentials of a pledge; Reasons for pledge; Comparison between a lien, mortgage and pledge; Rights of a pledge; Duties of the pledge; Perpetual redeem ability of a pledge; Absence of written documents as evidence; Unauthorized alienation by the pledgee; Chapter 9 - The law of property: definition of terms; Classification of property; Chapter 10 - An overview of the effect of Land Use Act on customary ownership of land; Persons in occupation before the coming into effect of the Land Use Act 1978 The need for Governor's consent before the alienation of land under the Land Use Act; Governor's power of revocation of statutory right of occupancy and customary right of occupancy; Effect of the Act on the jurisdiction of court with respect to land matters; Chapter 11 - The Nigerian Land Use Act, 1978: x-raying emerging controversies; Constitutional incorporation controversy; Expropriation controversy; Ouster clauses controversy; Chapter 12 - The Land Use Act, 1978: a curse or blessing?; The pre-1978 statutory intervention in land law and land administration in Nigeria
• Sommario/riassunto: This study, in nineteen chapters, deals with the various issues pertaining to land law in Nigeria. Namely: Concept of ownership; ownership and communal land holding under customary land tenure; individual land ownership; family land ownership; alienation under customary law; nature of customary tenancy; pledge; the law of property; an overview of the effect of the Land Use Act on customary ownership of land; The Nigerian Land Use Act; Land Use Act 1978; ways of declaration of title to land; legal mortgage; the position of landlord and tenant; the procedure for recovery of premises under the re