CHAPTER ONE

1. 1.1INTRODUCTION:

Land is undoubtedly a major factor in the social and economic development of every country; it is perhaps the most important natural resources, in the sense that it affects every aspect of people’s lives.

  The word “Land” have various meaning depending on the use and content which they are used, in ordinary sense “Land” is the solid dried surface part of the earth surface.

Proof of title to land is the protection and degree of control which a person has over any given land to buttress the ownership claims to a land and title registration is mainly to protect property rights, to facilitate transactions in land, and to enable land title to be used as collateral for loan. System of land title registration identifies each individual land parcel and provides confirmation by the state that the person named in the register has specified property right in that parcel.

A unified, integrated system of land title registration confers many benefits. For individual, it offers security for tenure, a reduced likelihood of ownership or boundary disputes, simple and less costly land transactions, greater access to credit, and increased market value. For a government administration, it represents a major component of a land information system, assists land use planning and development, improves the land market, stimulates investigation and creates a basis for land taxation. For a society, it can help promote the peaceful, orderly and wise utilization of the natural land resources.

1Land ownership in Nigeria before colonial rule, the predominant land tenure system in Nigeria during the pre-colonial period was the customary land tenancy where land holdings were obtained by villages, towns, communities.

Thus, individual has no such interest as the fee simple absolute in possession as the actual ownership of land or absolute interest in the community itself.

In every ethnic group, there was an organized system of land holdings

1. 1

                        “There is no uniform land law sparing the length

                        and breath of Nigeria. Every locality has land tenure

                        system the principle of which are in the peculiar knowledge

This is a result of the different ethnic culture background of our people nevertheless, there exist a common feature.

To this end, customary law and received English law has the concept of ownership to land, the Supreme Court has followed its own decisions in variety of cases. In 3Elegushi V. Oseni and also in the case of 4Idundun V. Okumagba, the Supreme Court stated that “pertinently”, there are five ways of establishing the ownership of land, which this topic seeks to address.

Primary sources include doctrinal, statutes, case law and secondary materials including textbooks, journal articles, newspapers, ma

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