SALE OF FAMILY LAND IN NIGERIA.

Most of us often hear the term“it’s my family land”, but do not know what the position of the law is on family land. It is a common knowledge that family is defined as a group of persons descending from a common ancestor and also, as a body of people connected by blood that either live together in one house or under one head.

Family in property law is as a group of persons entitled to succeed the properties of a deceased family head. These people are usually the children.

A family land is therefore, a land that has been given to a family as a whole, and not individually. This means that the individual members of a family do not have a separate claim on the land.

The effect of this statement is that any member of a family cannot transfers a family land. Without the consent of the family or family head a transfer of a such land will make the transaction void. It is only the family that can transfer the title of a family land to another person.

HOW DO YOU CREATE A FAMILY LAND?

A family land can be created by operation of law. When a land owner dies intestate, his property is given to his children in accordance with the deceased customary law.  This customary law must not be repugnant to natural justice. However, where there is a conflict as to the deceased property (land), the law can declare such property as family property or land. Family land may also arise by the declaration of the deceased will.

Family land can also be created by the act of parties. Families can, on their own, purchase a land for the purpose of family land. A family land can also be created where a land has been given to a family as a gift or compensation. Such land can be declare as a family land.

HOW DO YOU TRANSFER OWNERSHIP OF A FAMILY LAND?

A family land cannot be alienated or transferred except by absolute transfer of ownership by the family to another party. This is usually done when the family sells the property. The sale of this land will only be valid with the consent of the family head, and accredited family representative.

A family land can also be alienated by partition. This means a permanent division of family land. Where there is a partitioning of land, the land seizes to be a family land. Here, each family member becomes the absolute owner of whatever share they have been given.

The management and control of a family land are usually vested on the family head. This is so because the family head personifies the family. For this reason, the ownership of family land is vested on the family head as a trustee for the family.

RESPONSIBILITY OF A FAMILY HEAD

It is the responsibility of the family head to protect the family land from any unlawful interference. He is responsible for allocating portions of the land to members in need of the land. He is responsible for collecting rent on the land and distributing evenly to members (where the property is rented out). It is his responsibility to ensure proper alienation of family property or land when the need arises. He is also responsible for transferring a valid title to any buyer. This is why it is dangerous to buy a family land without proper consent and signature of the family head.

On a final note, It is important to note that when buying a family land, getting the written consent and signature of the accredited representative of the family and the family head, provides a valid transfer of title. In the case of Lewis vs Bankole (1909) 1 NLR 81, it was decided that every family must have a family head. In a situation where the family head dies, the next eldest surving son of the deceased is the proper person to succeed the headship of the family. Also, a family head can either be elected by family members or nominated by the deceased family head, either on his death bed or by the declaration of his Will.

For further assistance, explanation, or consultation on this subject matter or any other land/property related issues, do not hesitate to contact me via ibejulekkilawyer@gmail.com or Call 08034869295. You can also email me on whatever question you have on land/property law and anything relating to it.   CLICK to read previous article on family land