What the Land Use Act changed about owning land
The Land Use Act is the starting point for every land question in Nigeria. Before it, land could be owned outright under English-style freehold in Lagos and some cities, or held by families and communities under customary law. The Act changed that by vesting all land in each state in the governor, except land already held by the Federal Government or its agencies.
What people hold now is a right of occupancy, not ownership in the old sense. There are two kinds:
- A statutory right of occupancy, granted by the governor. It is usually evidenced by a Certificate of Occupancy (C of O). Land in areas the governor declares urban falls under this system.
- A customary right of occupancy, granted by a local government for land outside urban areas, or held under customary law.
The Act then controls what holders can do with their rights. The most important rule for buyers is in section 22: the holder of a statutory right cannot sell, mortgage, sublease or otherwise transfer it without the governor's consent. Section 26 says transactions that break the Act are void. Sections 28 and 29 let the governor revoke a right for overriding public interest and set out the compensation that follows, which is based mainly on buildings and crops rather than the market value of the land.
People who already held developed land in urban areas when the Act began were treated as holding a "deemed" statutory right (section 34). That is why some old Lagos family houses have good title without a modern C of O.
The Act is written into the 1999 Constitution, so changing it needs the full constitution-amendment process, not just an ordinary bill. That is the main reason it has survived many reform attempts.
Differences by state
The Act applies in every state, but each state runs its own land administration, so fees, forms and timelines differ.
- Lagos: the Lands Bureau, the Surveyor-General and the Land Registry handle grants, consents and registration, increasingly through the Lagos e-GIS portal.
- Abuja (FCT): land is vested in the Federal Government and administered by the FCT Minister through AGIS. All FCT land is treated as urban, so Area Council papers must be converted into statutory titles.
- Other states: each state Ministry of Lands or GIS agency issues C of Os and consents under its own procedures.
What to check
- Whether the land is under a statutory or customary right, and who granted it.
- Whether earlier transfers in the chain of title had the governor's consent.
- Whether the land falls inside a government acquisition, which charting at the Surveyor-General's office will show.
- Whether any revocation notice has been published for the plot.
Red flags
- A seller who claims "freehold" ownership of land that is not a pre-1978 deemed holding.
- A sale structured to avoid consent altogether, for example by power of attorney alone.
- Documents that cite the Land Use Act but are issued by a body that has no power to grant land in that area.
Proposed, not yet law
A House of Representatives bill would take the Land Use Act out of the 1999 Constitution so that it could be amended like an ordinary law. It was not among the constitution alteration bills sent to state assemblies in 2026, and the Act is unchanged.
Status: bill tabled in the House of Representatives; not sent to state assemblies in September 2026, when only the state police alteration bill was transmitted (confirmed 13 October 2026).
Land Use Act vs Freehold (before 1978)
| Aspect | Land Use Act system | Freehold (before 1978) |
|---|---|---|
| Who holds the root title | The state governor, in trust | The private owner |
| What you hold | A right of occupancy for a set term | Ownership with no end date |
| Transfers | Need the governor's consent | Free between parties |
| Can the state take it back? | Yes, for overriding public interest, with limited compensation | Only by compulsory acquisition law |
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Questions
What is the Land Use Act 1978 in simple terms?
It is the federal law that put land in each state under the governor. People now hold rights of occupancy granted or recognised by the state, and most transfers need the governor's consent.
What does section 22 of the Land Use Act say?
It stops the holder of a statutory right of occupancy from transferring, mortgaging or subleasing it without the governor's prior consent. Courts have debated how far this reaches; see the Sources differ box on the Governor's Consent page.
Does the Land Use Act mean the government owns my land?
Not in the everyday sense. The governor holds the root title in trust, and you hold a right of occupancy that you can live on, build on, sell and pass on, subject to the Act's conditions.
Can the Land Use Act be changed?
Yes, but only through a constitution amendment, because the Act is written into the 1999 Constitution. Bills to remove it have been tabled; see the Proposed, not yet law box.
Where can I read the Land Use Act?
The full text is published by PLAC and on FAOLEX; both are linked in the Sources list.
Related terms
Sources
- 1. Land Use Act 1978 (Cap L5 LFN 2004) Federal Republic of Nigeria (via PLAC Laws of Nigeria) · checked 13 October 2026
- 2. Land Use Act 1978 (FAOLEX copy) Food and Agriculture Organization of the United Nations · checked 13 October 2026
- 3. Nigeria: real estate legislation DLA Piper Real World · checked 13 October 2026
- 4. Understanding the Land Use Act in Nigeria: a comprehensive guide Mondaq · checked 13 October 2026
- 5. The recent decision of the Supreme Court in Yakubu v Simon Obaje Templars · checked 13 October 2026
- 6. Constitutional amendment: what was taken to state assemblies Daily Trust · checked 13 October 2026
- 7. Bill to alter the Constitution to remove the Land Use Act (bill record) National Institute for Legislative and Democratic Studies · checked 13 October 2026
Cite this definition
"Land Use Act", Nigeria Property Centre Property Glossary, last checked 13 October 2026, https://nigeriapropertycentre.com/glossary/land-use-act
You may reuse this definition under CC BY 4.0 with credit to Nigeria Property Centre and a link to this page.
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