Customary Land Tenure in Nigeria

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Flashcards covering key vocabulary and concepts regarding customary land tenure in Nigeria based on the lecture notes provided.

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21 Terms

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Customary Land Tenure

A system of landholding in Nigeria based on cultural practices and traditional laws.

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Communal Law Tenure

A type of land tenure where ownership is collectively held by the community rather than by individuals.

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Family Property

Land that is held by a family as a corporate entity, with no individual member able to claim ownership over it.

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Rights of a Family Member

Entitlements that family members have regarding the use, occupation, and benefits derived from family property.

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Management of Family Property

The responsibilities of the family head to oversee and make decisions regarding family land.

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Alienation of Family Property

The act of transferring family land ownership, which is typically restricted under customary law.

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Duty to Account

The responsibility of the family head to provide a financial account of family property management.

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Termination of Family Property

The processes by which family property ceases to exist, including valid alienation and partition.

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Corporate Theory of Management

A principle whereby communal land is managed on behalf of the community by a designated leader or head.

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Amodu Tijani's Case

A landmark legal case that established principles regarding communal land ownership in Nigeria.

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Family Landholding

A characteristic of customary law in Nigeria, where land ownership is recognized as belonging to a family unit.

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Members' Rights

The entitlements of community members to access and use communal lands for personal needs.

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Strangers in Communal Land

Individuals not recognized as members of the community, who may access land only through customary tenancy.

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Primogeniture

A system where the deceased's property passes exclusively to the eldest son.

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Widow's Rights

Generally, widows are not entitled to inherit their husband's family property under customary law.

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Exclusive Possession

The right of a family member who has been allocated a portion of family land to use it exclusively.

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Family Head Responsibilities

The obligations of the family head to manage and protect family property on behalf of the family.

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Voidable Transactions

Legal agreements that are valid until voided by a non-consenting party, especially concerning family property.

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Trusteeship Analogy

A comparison used in legal contexts, implying that the family head manages family property for the family's benefit.

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Cultural Land Tenure Systems

Various customs and practices that dictate how land is owned and used within different Nigerian communities.

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Family Member Allotment

The process by which individual family members receive rights to use portions of family land.