The concept of Family land in Nigeria, is one of the identities of the indigenous people of Nigeria, who are known for a culture of communal living among themselves under a family headship with its clear values and mode of doing things.

It is usual that every family in Nigeria has land which is owned by the family, but managed by some members of the family for themselves and on behalf of every member of the family. The members so appointed to manage the family land, usually represents various gates and ‘branches’ of the family to ensure there is inclusion and so that everyone is carried along,

What is Family Land?

In simple term, a family land is that parcel or plot of land that belongs to every member of the family and which is used in common for the benefit of present members of the family and generations yet unborn. Family land is so strategic that all members of the family guard and guide it jealously.

Creation of Family Land:

A land becomes a family land by and through the following means:

• Death Intestate of the Land Owner: the most common circumstance of creating family land is death intestate. By death intestate, it is meant a situation where one dies without a will. Now when this occurs, the land belonging to him or her is thus governed by customary law and such land devolves to his heirs in perpetuity (forever) as family land.
• Conveyance inter vivos: This simply means a land purchased with money belonging to the family. It happens at times, that a family with strong cooperation may pool resources together to purchase a large expanse of land, in the name of the family, for themselves and on behalf of their children; such a land becomes a family land.
• Family Land by Excision: it is also a common feature in developing cities such as Lagos, that where the governor in exercise of his powers to revoke rights of occupancy, may (excise) map out a particular land in compensation to a particular family. Where that is done, it becomes a family land.

Land Scams by Family Representatives:

In exercise of powers vested on the representatives of the family to sell family land, some have hinged on that to defraud unsuspecting innocent purchasers of land. Before we go into the tactics, we shall illustrate with this factual story.

In the year 2007, Mrs. Oyedodo Agnes moved from the United States of America, in answer to the call to come and invest in Nigeria and to settle down at home, after all the saying is: “east or west home is the best”.

On arrival in Lagos, she employed the services of some land agents to help her scout for land in the Ibeju-Lekki axis of Lagos State. This led her to a group of three men, were ideally representatives of a particular family and who were mandated to sell their family land on behalf of the family.

In a rush to close the transaction and without consulting a property lawyer who is familiar with the terrain, parted with the sum of N25,000,000,00 (Twenty-Five Million naira) and the representatives of the family sold to her some plots of land in a very good location.

Unkwown to her, though the land was originally a family land, it has ceased to be a family land in 2010, when the family gathered and partitioned the land among the male children of the family. The particular plots were allocated to Mr. Deji being the eldest member of his branch or lineage in the family. To cut the long story short, Mrs Oyedodo lost her land, as the simple facts were shown to the court to the effect, that the land has been partitioned. What a great loss!

Consequently, my experience has shown that people are scammed in dealing in family land in the following ways:

• Sale of Land which has ceased to be a Family Land.
• Sale of Land without the consent of the Head of the Family.
• Sale of Land without the consent of other principal members of the family.
• Sale of Land to different sets of vendors.
• Sale of Land by unaccredited representatives of the family.

How Does Family Land Ceases to be?

Though it is stated that family land belongs to the family in perpetuity, there is an exception to the rule. Thus, a family land would cease to be a family land in the following ways:

• Where the land has been partitioned among members of the family.
• Where a portion was partitioned to particular member of the family upon request and fulfillment of certain conditions.
• Where the land has been gifted to any other person with the consent of the head of the family and principal members.

Conclusion:

When next you buy a land belonging to a family or purported to be a family land, you must engage the services of a lawyer to help probe the current status of the land, to know if the land still belongs to the family!

And should you be or presently about to engage in this type of transaction, or have bought into this mess, all hope is not lost, place a call through to us as we afford you free advice as our own contributions to ensuring that you enjoy your property in peace and happiness. We expect to hear from you. You can reach us via email on: [email protected] or call:+2348034869295.

The post WHEN FAMILY LAND CEASES TO BE FAMILY LAND IN NIGERIA appeared first on Ibeju Lekki Lawyer.