It has been asserted in this blog, that verification of the authenticity of any landed property is the hallmark, for the acquisition of property which you can enjoy in peace and pass across to your children. In so doing, the lawyer upon the brief of the buyer, would usually conduct an inquiry, most times placing reliance on documents such as Deeds, survey plans, excision, gazettes etc.

Now, take a look at the situation Mr. Jude Olukuku found himself in 2014, where his search of a landed property to buy, led him to a developing area in the suburb of Lagos. His agent led him to a Family which claimed ownership of the land from time immemorial. As would most buyers, Mr. Olukuku demanded to see title documents to the land and the head of the family informed him that there are no title documents, as the land was simply passed across to them by their fore-fathers. Mr. Olukuku simply believed the story, as he had been told that the said family has integrity running in their veins. He inquired further and was informed that the said family had been farming on the land for the past 10 years. He parted with N4,000,000,00 (Four Million naira) and proceeded to commence development. It was at this point that he was challenged by the Idiro family and to cut the long story short, the matter proceeded to court and Mr. Olukuku lost as he could not establish with certainty the claim of traditional history of the ownership of the said land.

Read Also: LAND FRAUD “SCAMMING THE SCAMMER”

While there are a lot of Mr Olukukus who are currently in court over land which were bought upon claim of traditional history of ownership, this is an avoidable dilemma which could have been averted, if a property lawyer was consulted to verify such claims. The question to ask then is: Should you run-away from a land you are interested in simply because there are no title documents or is the absence of documents simply an indication that the land transaction is fraudulent?

In the context of this discourse, the answer would be in the negative as the law recognizes acquisition of land under Native Law and custom. Consequently, the idea of writing of agreements on land transaction, issuance of receipt of sale and other documentary evidence of land transactions, was not known to the native people of Nigeria as a people before the advent of the Colonial masters to the Nigerian soil.

So when faced with a situation where the vendor (seller) of a property tells you that the property in question belongs to him or his family and there are no title documents and the landed property catches your fancy, you would need to consult your lawyer who would assist you, to do a thorough verification of that claim, placing reliance on his knowledge of customary law and/or family law as the case maybe.

Using the Yoruba custom as case study, land can be owned and acquired under native law and customs by various means thus:

• Purchase of Land: From time immemorial, native people have been engaged in land transactions in the form of sale of landed property, even though there was no requirement for writing of receipts or Deed of Assignment. This was usually done by payment of the purchase price which could be either money or some other forms of considerations, followed by putting the buyer in possession IN THE PRESENCE OF WITNESSES. The presence of witnesses was and is very important especially in the absence of a written document evidencing the transaction.
• Gift of Land: it was and still a very common practice among the natives in Nigeria to give gift of land either from parents to children, from brothers to brother, from the large family to a member of the family and in even in some cases to strangers. This involved putting the recipient of the gifts in possession through some symbolic acts e.g offering prayers and kola nuts and this must also be in the presence of witnesses.
• Inheritance of Land: Upon the death of a holder of land under native law and customs, his landed property devolved on members of his immediate family in most cases. This is even more so where there the deceased dies intestate i.e without writing a Will. In most Nigerian customs, such landed properties are distributed among the male survivors of the deceased person, a portion might also be reserved to be held on behalf of the whole family.
• Ownership by First Settlers: It is judicially recognized by the Nigerian courts, that the first settlers who discovered a ‘virgin’ land, deforested it and improved on it are entitled to lay claim to ownership of such a land.
• Conquest: In pre-colonial times, it was not uncommon for stronger persons and communities to dominate weaker communities through acts of war and conquest and the booties of such war included acquisition of land.

Reading through the various modes of acquisition and ownership of land under native law and customs as outlined above, reveals one important fact, that is, such landed transactions needed not be backed by written agreements. Therefore though the vendor may be the actual owner, he has no document to back up such ownership.

This is the situation that calls for serious prudence and the need to consult your property lawyer becomes mandatory, as he would call in aid practical experience and knowledge of the law, to determine fraudulent claims to traditional ownership or otherwise.

Things To Find Out In Buying Land Acquired Under Native Law And Custom, Without Documentary Evidence:

• On-site visit to the land to decipher whether the area is such that have been developed to the extent, that it could have been acquired by Government or other persons, who would have prepared title documents in respect of it.
• Check the adjourning land and their boundaries and find out ownership of those adjourning land and they might be able to also assist in offering information of true ownership of the land.
• Demand for the history of the land, from the first settlers and how the land devolved to the present vendors. There must not be any break in the chain, else that could spell doom in case of litigation over the land.
• Demand to know the activities the vendor and his predecessors have carried out on the land over time, as this could be a proof of ownership too.
• If it is a family land, demand to see the family head, who should direct you to other principal members of the family as sale by the principal members without the family head is void, while sale by the family head without the consent of the principal members can be ratified.

CONCLUSION

Investing in land in developing rural communities in Nigeria can be a good investment in the long run, as such land are likely to be sold at not-too-exorbitant prices. The challenge of lack of title documents to evidence such ownership should not in itself, deter you from going ahead with the transaction, as it well recognised under the Nigerian law, that land acquired under native law and custom, were not necessarily evidenced by writing of agreements. All you need do is prudence and always consult your property lawyer who is well placed to help you investigate on the true situation of things.

The post EVIDENCE OF OWNERSHIP OF LAND BY TRADITIONAL HISTORY? HOW TO INVESTIGATE TITLE appeared first on Ibeju Lekki Lawyer.