This article concerns the provisions of Nigerian law on land classified as land being the subject of statutory rights of ownership before the coming into effect of the Land Use Act.
What are the transitional provisions om land in urban areas?
– This concerns land vested in any person immediately before the commencement of the Land Use Act:-
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1). Where the land is developed, it shall continue to be held by the person in whom it was vested immediately before the commencement of the Land Use Act as if the holder of the land was the holder of the land was the holder of a statutory right of occupancy issued by the relevant state governor.
2).In respect of land to which the paragraph above applies, there shall be issued by the governor on application to him in the prescribed form, a certificate of occupancy if the governor is satisfied that the land was vested in that person immediately before the Land Use Act.
3. Where the land to which the relevant sections of the Land Use Act applies was subject to any mortgage, encumbrance or valid interest in law, such land shall continue to be so subject and the issued certificate of occupancy shall indicate that the land is so subject unless the continued operation of the encumbrance or interest would in the opinion of the governor be inconsistent with the provisions or general intention of the Land Use Act.
What are the transitional provisions of law concerning where the subject land is undeveloped?
a). One (1) plot of the land not exceeding half of a hectare in area shall, subject to the Land Use Act, continue to be held by the person in whom the land was so vested as if the holder of the land was the holder of a statutory right of occupancy granted by the governor in respect of the plot or portion.
b). All rights formerly vested in the holder in respect of the excess of the land shall be extinguished on the commencement of the Land Use Act and the excess of the land shall be taken over by the governor and administered as provided by the act.
– Sub-paragraph (a) of the preceding paragraph shall not apply in the case of any person who was on the commencement of the act also the holder of any undeveloped land elsewhere in any urban area in the state & in respect of such a person all his holdings of undeveloped land in any urban area in the state shall be considered together and out of the undeveloped land so considered together :-
a) One plot or portion not exceeding half of 1 hectare shall continue to be held by such a person as if a right of occupancy had been granted to him by the governor in respect of that plot or portion.
b). The remainder of the land so considered together in excess of half of one hectare shall be taken over by the governor and administered in accordance with the Land Use Act and the rights formerly vested in the holder in respect of such land shall be extinguished.