The Land Use Act 1978 — who really owns land in Nigeria
4 min read
The single most important law behind every land deal in Nigeria, explained simply.
Key points
- ✓ All land in a state is legally vested in the State Governor, held in trust for the people.
- ✓ You don't buy land outright — you acquire a 'right of occupancy' (usually up to 99 years).
- ✓ This is why a Certificate of Occupancy and the Governor's Consent matter so much.
What the Act actually says
The Land Use Act of 1978 vests all land within each state in the hands of that state's Governor, who holds it in trust for the benefit of all Nigerians.
In practice this means no individual owns land absolutely the way you might own a car. Instead, you hold a right to occupy and use the land — a 'right of occupancy' — for a set period, most commonly up to 99 years.
Statutory vs customary right of occupancy
A statutory right of occupancy is granted by the Governor (evidenced by a Certificate of Occupancy) for land in urban areas.
A customary right of occupancy is granted by the Local Government for land in non-urban areas, often recognising existing community or family holdings.
Why this matters to you as a buyer
Because the Governor is the ultimate landholder, transfers of land generally need the Governor's Consent to be fully valid. Skipping that step is the single biggest reason 'completed' land deals later collapse.
Understanding this one idea — you're buying a right of occupancy, backed by government paperwork — is the foundation of buying land safely in Nigeria.
Put this into practice
Verify documents, confirm ownership and catch double-sales on PlotSur — or hire a vetted lawyer or surveyor.