FIFTEEN ACTS OF LEGAL POSSESSION OF A LAND IN NIGERIA

In land law and land litigation in Nigeria, it is settled law that, a Claimant who succeeds in proving acts of possession in Court can obtain judgment claiming trespass to the land. Acts of possession and enjoyment of land could be evidence of ownership or of right of occupancy. Thus, they are crucial in determining claims to a land, especially in land disputes cases.

This edition of the Legal Illumination of Akintunde Esan known as the Legal Adviser Online is on fifteen acts of possession of a land in Nigeria  which, if proved in Court could lead to the Claimant obtaining judgment on the ground of trespass, even if the claim for declaration of title fails.

The acts of possession must be overt, visible, and consistent with the nature of the land. Where a Claimant proves sufficient acts of possession, the burden is thrown on the Defendant under Section 145 of the Evidence Act, 2011 to prove the contrary.  

Below are some recognised acts of legal possession under Nigerian land law and in land litigation in Nigeria until proven otherwise:

1. Fencing or Enclosing the Land

Erecting a fence, wall, or other boundary markers around the land is a clear act of possession. It demonstrates control and intention to exclude others from the property.

2. Building or Construction

Constructing a house, shed, or other structures on the land is a strong indication of possession. The nature and permanence of the structure may influence the weight given to this act.

3. Cultivation or Farming

Clearing, cultivating, or farming the land (e.g., planting crops, tilling the soil) is considered an act of possession, especially in rural areas where agricultural use is common.

4. Payment of Tenement Rates or Taxes

Paying government-imposed taxes or rates on the land (e.g., ground rent, tenement rates) can be evidence of possession and ownership.

5. Leasing or Renting Out the Land

Granting leases or renting the land to tenants demonstrates control and possession over the property.

6. Granting Permission for Use

Allowing others to use the land for specific purposes (e.g., grazing, temporary structures) while retaining control is an act of possession.

7. Exercising Control over the Land

Acts such as preventing trespassers, maintaining the land, or making improvements (e.g., drainage, landscaping) show possession.

8. Erecting Signage or Notices

Placing signs or notices indicating ownership or control over the land (e.g., "Private Property," "No Trespassing") can be evidence of possession.

9. Long and Continuous Use

Long-term, uninterrupted use of the land without challenge from others can be evidence of possession, especially in cases of adverse possession (squatters' rights).

10. Granting Easements or Rights of Way

Granting or receiving rights of way or easements over the land can demonstrate possession and control.

11. Filing a Survey Plan

Conducting a survey and filing a survey plan with the relevant land registry is a formal act of possession and claim to the land.

12. Instituting Legal Action

Taking legal action to protect the land from encroachment or trespassing is a clear act of asserting possession.

13. Use of the Land for Economic Activities

 Using the land for economic purposes, such as mining, logging, or setting up a business, demonstrates possession.

14. Physical Occupation

 Living on the land or using it as a residence is a strong act of possession.

15. Acts Consistent with Ownership

Any other acts that are consistent with ownership and control of the land, depending on the nature and location of the property.

The type of conduct which indicates possession vary with the type of land. Thus, these acts are evaluated in the context of the specific circumstances of each case, and courts will consider the totality of evidence to determine possession.

In conclusion, the strategic importance of the acts of possession is that, the claim for damages for trespass is not dependent on the claim for a declaration of title as the issues to be determined on the claim for trespass are whether the Claimant had established actual possession of the land and the Defendant’s trespass on it which are quite separate and independent issues to the claim for a declaration of title; while a claim for injunction is also not necessarily bound to fail after a claim for a declaration of title fails, provided the area of land in respect of which an injunction is sought is clearly defined and ascertained.

For more legal illumination or legal advice on the acts of possession of land that qualify as legal acts of possession of land in Nigeria, you may contact Akintunde Esan (The Legal Adviser Online) via his:

Email: akintundeesan@gmail.com. 

WhatsApp: + 234 - 08073828487

Phone Contacts: + 234 - 09036279325 

List of Authorities

Okechukwu v. Okafor [1961] 1 ALL NLR 685, Ekweozor & Ors v. The Registered Trustees of Saviours Apostolic Church of Nigeria (2014) LPELR-23572(CA), Ajadi v. Olarewaju (1969) LPELR-25566(SC), Omotoso v. Olalekan (2018) LPELR-44333(CA), Iseogbekun & Anor v. Adelakun & Ors (2012) LPELR-15516(SC), Ogbechie v. Onochie 1988 1 NWLR part 70 page 370, Nwosu v. Udeaja 1990 1 NWLR part 125 page 188 Obosi Development Union v. Elebor (2018) LPELR-46657(CA), Dagaci of Dere & Ors v. Dagaci of EBWA & Ors (2006) LPELR-911(SC), Ekweozor & Ors v. The Registered Trustees of Saviours Apostolic Church of Nigeria (2014) LPELR-23572(CA).  

HOW TO VERIFY WHETHER A LAWYER IS GENUINE OR FAKE IN NIGERIA

There are a lot of persons pretending to be Lawyers in Nigeria. These are the kind of persons who prepare fake legal documents and file incompetent court processes. This edition of Akintunde Esan's Legal Illumination is focused on protecting those seeking for Nigerian Lawyers online.

A Lawyer in Nigeria is a person called to the Nigerian Bar and enrolled at the Supreme Court of Nigeria as a person qualified to practice as a Barrister and Solicitor of the Supreme Court of Nigeria.

It is a criminal offence for anyone to parade him or her self as Barrister and Solicitor of the Supreme Court of Nigeria,when such a person is not. Likewise, it is a criminal offence to knowingly engage the services of a fake Lawyer. 

Above all, any legal document prepared and signed by a fake Lawyer is equally a fake legal document and a fake legal document is a worthless legal document, which cannot be the basis for any legal transaction.

If you are searching for a Lawyer online, once you have found one, before making any financial commitment, before handing over sensitive documents and before disclosing sensitive facts and data about your self, marriage, business or property to such a Lawyer, you are advised to first verify whether such a person is a genuine or fake Lawyer.

Kudos to the Nigerian Bar Association in conjunction with the Supreme Court of Nigeria, you can now verify online whether your Lawyer is a genuine or fake Lawyer by simply taking the following three steps:

Step 1: Click on this link below:

https://www.nigerianbar.org.ng/find-a-lawyer  or copy and paste it in your browser.

Step 2: Enter the name of the Lawyer in the Search Box as seen below:

Step 3: Click on "SEARCH" on the Search Box and the search result for the name entered will automatically pop-up a list of names containing the full name entered for the search.

The above search result is the search result for Akintunde Esan known as the Legal Adviser Online 

HOW TO VERIFY  WHETHER A LAWYER IS GENUINE OR FAKE IN NIGERIA is a legal illumination of AKINTUNDE ESAN known as The LEGAL ADVISER ONLINE. Akintunde Esan is the Managing Partner & Principal Consultant @ ASE OLODUMARE CHAMBERS (Legal Practitioners/Consultants & Chartered Mediators).

TENANCY LAW: 12 THINGS EVERY LANDLORD AND TENANT IN LAGOS STATE SHOULD KNOW

A. Introduction

 

There are a lot of misconceptions on the position of the Law regulating Landlord and Tenant relationship in Nigeria, particularly in Lagos State which has the highest number of Landlords and Tenants in Nigeria. 

This edition of Akintunde Esan’s Legal Illumination, focuses on some key points of the Lagos State Tenancy Law enacted in 2011 which every Landlord and Tenant in Lagos State ought to know in order to avoid evitable embarrassments, trauma , disputes, court cases, imprisonment or payment of fines or damages.

  

B.     12 Important Points of Law to Note

 

1. Landlord: The person entitled to the immediate reversion of the premises

2. Tenant: Includes a sub-tenant or any person occupying any premises whether by payment of rent howsoever or by operation of law and not persons unlawfully occupying any premises under a bona fide claim to be the owner. 

In African Petroleum Ltd v. J.K. Owodunni (1991) LPELR-213 (SC), it was held by the Supreme Court per Nnaemeka Agu,JSC at p. 27, para B illuminated that:

"A tenant who enters upon premises by reason of a contractwith the landlord is a contractual tenant. Such a tenant holds an estate whichis subject to the terms and conditions of the grant. Once that tenancy comes toan end by effluxion of time or otherwise and the tenant holds over without thewill or agreement of the landlord, he becomes a tenant-at-sufferance. This isstrictly a common law concept.

But sometimes there is a statute which givessecurity of tenure to such a tenant after his contractual tenancy has expired.When: such a statute exists he now holds the premises no longer as acontractual tenant because there no longer exists a contract between him andthe landlord. But he none-the-less retains possession by virtue of theprovisions of the statute and is entitled to all the benefits and is subjecttoall the terms and conditions of the original tenancy."

3. "Tenancy" Means holding of interest in land or property by a tenant under a tenancy agreement.

4. Tenancy Agreement: An agreement whether written or oral, express or implied between a landlord and a tenant regarding possession of premises and use of common areas and includes leases and sub-leases.

5. Notice to Quit: Where there is no agreement or Tenancy Agreement as to the notice to be given by either party to determine the tenancy, The nature of a tenancy shall, in the absence of any evidence to the contrary, be determined by reference to the time when the rent is paid or demanded as follows -

•  a tenant at will – one (1) week’s notice
• a monthly tenant - one (1) month’s notice
• a quarterly tenant - three (3) months notice
• a half-yearly tenant - three (3) months notice
• a yearly tenant – six (6) months notice

Though,  it is settled that, anotice to quit in order to be effective ought to determine the tenancy at theend of the current term of the tenancy, however, under the Lagos State 2011 Tenancy Law a notice to quit need not terminate on the anniversary of the tenancy but may terminate on or after the date of expiration of the tenancy. S.13(4). 

6. Payment of Advance Rent:
 

a. A sitting or new tenant who offers or pays rent in excess of one (1) year for a yearly tenancy and six (6) months for a monthly tenant shall be guilty of an offence and shall be liable on conviction to a fine of One Hundred Thousand Naira (N100,000.00) or to three (3) months imprisonment.

 

b. A landlord or his agent who demands or receives from a sitting or new tenant rent in excess of six (6) months from a monthly tenancy and one (1) year from a yearly tenant in respect of any premises shall be liable on conviction to a fine of One Hundred Thousand Naira (N100,000.00) or to three (3) months imprisonment.

 

7. Ejecting a Tenant:

 

a. It is a criminal offence for a Landlord to demolish, alter or modify a building with a view to ejecting a Tenant and without the approval of the Court; or 

b. It is a criminal offence for a Landlord to attempt to forcibly eject or forcibly ejects a tenant.

 

c. It is a criminal offence for a Landlord to threaten or molest a tenant by action or words, with a view to ejecting such tenant.

 

d. It is a criminal offence for a Landlord to wilfully damages any premises with a view to ejecting a Tenant.

 

e. Any Landlord found guilty of a, b, c and d above shall be liable to a fine not exceeding Two Hundred and Fifty Thousand Naira (N250, 000.00) or a maximum of six (6) months imprisonment and any other non-custodial disposition. S.44. 

8. A Licensee means a person who comes into occupation by mere permission, without the creation of a landlord and tenant relationship and has no estate or legal interest in the premises. Where a person is a licensee and upon the expiration or withdrawal of his licence, he refuses or neglects to give up possession, he shall be entitled to service of a seven (7) days’ notice of the owner's intention to apply to recover possession. 

9. Grounds for Application for Order of Possession (S.25) : Unless a Tenancy Agreement expressly stipulates otherwise, the Court shall have power to make an order for possession upon proof of any of the following grounds – 

a. arrears of rent; 

b. breach of any covenant or agreement; 

c. where the premises is required by the landlord for personal use 

d. the premises is being used for immoral or illegal purposes; 

e. the premises has been abandoned; 

f. the premises is unsafe and unsound as to constitute a danger to human life or property; or 

g. the tenant or any person residing or lodging with him or being his sub-tenant constitutes by conduct, an act of intolerable nuisance or induces a breach of a tenancy agreement. 

10. Abandoned Premises (S. 15): A premises will be deemed to be abandoned where the- 

a. tenancy has expired ;and 

b. Tenant has not occupied the premises since the tenancy expired and has not given up lawful possession of the premises. 

11. Premises: Includes premises used for business, residential and non-residential purposes. 

12. The Lagos State 2011 Tenancy Law is not applicable in Apapa, Ikeja GRA., Ikoyi, and Victoria Island. 

C. Conclusion

 

Most of the Landlord and Tenant disputes are based on misunderstanding of the expectations of the parties the Landlord is an investors who wants returns from his or her property, while the Tenant is a consumer who wants value for his or her money. 

Though, there are terms which are statutorily implied in a Landlord and Tenant contract, it is better to have a Written Tenancy Agreement where some common areas of dispute would have been proactively sorted out in advance. I have seen many Landlords shot themselves in the foot by not consulting a Lawyer for a  standard Tenancy Agreement or before attempting to eject a Tenant from their Premises.

For further illumination on Tenancy Agreement, Landlord and Tenant disagreements and ejecting of a Tenant, you are advised to contact any sound Lawyer around you or Akintunde Esan.

TENANCY LAW: 12 THINGS EVERY LANDLORD AND TENANT IN LAGOS STATE SHOULD KNOW is a legal illumination of AKINTUNDE ESAN known as The LEGAL ADVISER ONLINE. Akintunde Esan is the Managing Partner & Principal Consultant @ ASE OLODUMARE CHAMBERS (Legal Practitioners/Consultants & Chartered Mediators)

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