history of land law in Nigeria

Land Tenure may be defined loosely as: the body of rules which governs access to land

and the relationship between the holder of land and the community on the one land and or

that between the holder and another party having superior title. The interests that may be

had in land is therefore defined, delaminated and explained within the framework of the

Land Tenure System. Because it is framed within the community concerned, the land

tenure is quite community specific, and is normally dictated by the socio-economic lives

of the individual community which in turn is shaped by the customs, economic, political

and social realities of the community.

Therefore, generally, Land Tenure is always community specific, and the Land Tenure

System of one community may not be easily imported or adapted by another unless, they

have similar customs and socio-economic beliefs. Before the advent of the British

Government in 1861, the only recognizable system of Land Tenure in the geographical

area now known as Nigeria was the Customary Land Tenure System. This was the only

known indigenous system of land tenure. It is a system of accepted practice amongst the

people, well recognized and enforced and regarded as “a mirror of accepted usage”. This

customary system of land tenure is all embracing and it defines the rights, privileges,

interests and title that may be enjoyed on land under customary law. The system though

had to make way for modern influence especially the introduction of British system of land

tenure and legislative amendments principally due to the failure of the customary land tenure to accommodate the growing economic and political developments in the country;

it is still largely recognized as the law governing land holdings amongst the people who

hold their land subject to the customary land tenure. In effect in spite of the two main great

influences on the customary land tenure i.e. Received English laws and local legislation,

the customary land tenure still governs the interests on land held by the people who agree

or hold land subject to Native Law and Custom.