Yejide Gbenga-Ogundare
Land ownership in Nigeria is a risky venture in spite of the provisions of the Land Use Act of 1978 and except one understands the provisions of the law, such an individual might be at risk of losing landed properties.
Since time immemorial, land ownership has been a challenge in Nigeria; this is why in 1978, the government decided to “fix” land ownership with the Land Use Act because there was chaos and disputes arising from traditional rulers controlling large swathes of land and inequality.
The Act gave the government through state governors’ control over all the land. So, when you “own” land in Nigeria, you are technically leasing it from the government for 99 years. And this is where there might be an issue, 99 years ownership is like a problem programmed for the future because of issues like:
Insecurity of tenure: Owning land is about security, so with a 99-year tenure, landholders face an unsettling reality that the government can take back the land or make you jump through hoops to keep it.
After 99 years, landholders theoretically need to renew their lease, but how exactly does that work? Well, they have to make an application for renewal, however, the approval is not automatic but at the discretion of the Governor. And the descendants may not know about the lease to take the required step.
Real estate developers or investors don’t find such lease appealing. Banks and financial institutions like long-term security and the 99-year tenure might look like a red flag as no one wants to pour millions into a project if there’s a chance it could vanish.
Except government makes land ownership more permanent by providing indefinite ownership or automatic renewals after 99 years, land ownership may continue to appear as a landmine.
Land ownership should be about stability, security and building a future, not navigating a never-ending and unsure future. While the Land Use Act had good intentions, the 99-year tenure and all its uncertainties have turned land ownership into a plot full of twists and turns.
