LAND IS TITLE AND TITLE IS LAND.
It was a crispy Monday morning in the city of Lagos. As the day’s activities gradually picked velocity, commuters patiently maneuvered through the familiar traffic gridlock on the Lekki-Epe Expressway.
At the Admiralty Way, Lekki residence of Don Chuka, a group of affluent businessmen gathered to show solidarity. Don Chuka, a giant importer of electronic products, had bought a piece of land close to Chevron Drive. But his ownership of the prime property became a subject of dispute because the Lagos State government had moved to acquire the property to erect a toll gate, on the ground of public interest.
That morning, Don Chuka’s usual lovely face was squeezed because according to his lawyer’s latest findings, the case was a bad one. Earlier he had felt that the property was very safe. Because he bought the land from an influential first class Oba. For that reason, he had the boldness to commence the construction of a three-storey plaza, on the now disputed property.
All the same, he rode in a convoy of his affluent friends/associates as they headed to the High Court of Lagos long Igbo-sere Road, Lagos Island. The case was called up and the judgment confirmed his premonition. He had lost the land to the state government. Ordinarily, he ought to have received compensation from the government for his land that was compulsorily acquired. Neither Don’s wealth nor his equally affluent friends was able to help him get back his land or the compensation for the simple reason that he failed to invest wisely.
Quite alright Don Chuka bought genuine land from a genuine vendor. He also has enough money to register the land title, but he never did the needful. So he lost his investment because his property was simply not secured with the requisite title document. A defective title refers to an impaired title on a piece of property or another asset. The defect or impairment on the title can be in the form of a lien, mortgage, judgment, or another type of encumbrance. Because other parties can lay claim to the property or asset, the title cannot be legally transferred to someone else.
Delivering the judgment against Don Chuka, the High Court defined land Title as a legal term referring to the ownership of a tangible asset, such as a vehicle or a piece of real estate, or certain intangible assets, such as trademarks.” He said: ‘Having a clear title is necessary if the owner of the property wants to sell it. But a title is considered defective when some type of black mark is recorded against it.
The Court contended that every citizen of Nigeria is empowered to acquire and own immovable property anywhere in Nigeria. However, the right to own immovable property like every other right is not absolute but subject to certain qualifications. The law of compulsory acquisition of land in Nigeria is rooted in the country’s constitution. It is enshrined in the Nigerian Constitution that every Nigerian has the right to own private property and that such property shall not be acquired compulsorily, except in the manner and for the purposes prescribed by a law that requires both the payment of prompt compensation and compliance with the rule of law on access to the court.
The Land Use Act of 1978 provides that all lands comprised in the territory of each state in Nigeria are vested in the governor of that state and such land shall be held in trust and administered for the use and common benefit of all Nigerians, and the Governor may revoke a right of occupancy for overriding public interest.
The presiding judge said: “If a property’s ownership is in question, the owner can hire a title company or an attorney to perform a title search. If that proves to be inconclusive, the property holder can pursue legal action. This is called a quiet title action, and it puts the decision of determining the true titleholder in the hands of the court,” On that premise, the High Court held that State government can legally retain the right to forcefully acquire Don Chuka’s property for the public interest. He also lost his right to be compensated by the government because his defective title to the land is only an equity interest, not a legal right.
You do not have to lose your property for lack of good title. Let us
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