Section 21-27 of the Land Use Act 2004

Section 21-27 of the Land Use Act 2004

Section 21, 22, 23, 24, 25, 26, 27 of the Land Use Act 2004 is under Part IV (Alienation and surrender of Rights of Occupancy) of the act.

Section 21 of the Land Use Act 2004

Prohibition of alienation of customary right of occupancy except with requisite consent or approval..

It shall not be lawful for any customary right of occupancy or any part thereof to be alienated by assignment, mortgage, transfer of possession, sublease or otherwise howsoever –
(a) Without the consent of the Governor in cases where the property is to be sold by or under the order of any court under the provisions of the applicable Sheriffs and Civil Process Law; or
(b) in other cases without the approval of the appropriate Local Government.

Section 22 of the Land Use Act 2004

Prohibition of alienation of statutory right of occupancy without consent of Governor

It shall not be lawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise howsoever without the consent of the Governor first had and obtained:
(1) Provided that the consent of the Governor-
(a) shall not be required to the creation of a legal mortgage over a statutory right of occupancy in favour of a person in whose favour an equitable mortgage over the right of occupancy has already been created with the consent of the Governor:
(b) shall not be required to the reconveyance or release by a mortgage to a holder or occupier of a statutory right of occupancy which that holder or occupier has mortgaged and that mortgage with the consent of the Governor:
(c) to the renewal of a sub-lease shall not be presumed by reason only of his having consented to the grant of a sub-lease containing an option to renew the same.

(2) The Governor when giving his consent to an assignment mortgage or sub-lease may require the holder of a statutory right of occupancy to submit an instrument executed in evidence of the assignment, mortgage or sub-lease and the holder shall when so required deliver the said instrument to the Governor in order that the consent given by the Governor under subsection (1) may be signified by endorsement thereon.

SEE ALSO  Section 39-42 of the Land Use Act 2004

Section 23 of the Land Use Act 2004

Sub-underleases

(1) A sub-lease of a statutory right of occupancy may with the prior consent of the Governor and with the approval of the holder of the statutory right of occupancy, demise by way of sub-
underlease to another person the land comprised in the sub-lease held by him or any portion of the land.
(2) The provisions of subsection (2) shall apply mutatis mutandis to any transaction effected under subsection (1) of this section as if it were a sub-lease granted under section 22.

Section 24 of the Land Use Act 2004

Devolution of rights of occupancy on death

The devolution of the rights of an occupier upon death shall –
(a) in the case of a customary right of occupancy, (unless non customary law or any other customary law applies) be regulated by the customary law existing in the locality in which the land is situated; and
(b) in the case of a statutory right of occupancy (unless any non customary law or other customary law applies) be regulated by the customary law of the deceased occupier at the time of his death relating to the distribution of property of like nature to a right of occupancy:
Provided that –
(a) no customary law prohibiting, restricting or regulating the devolution on death to any particular class of persons or the right to occupy and land shall operate to deprive any person of any beneficial interest in such land (other than the right to occupy the same) or in the proceeds of sale thereof to which he may be entitled under the rule of inheritance of any other customary law;
(b) a statutory right of occupancy shall not be divided into two or more parts on devolution by the death of the occupier, except with the consent of the Governor.

SEE ALSO  Section 5-15 of the Land Use Act 2004

Section 25 of the Land Use Act 2004

Effect of deed or will where non-customary law applies

In the case of the revolution or transfer of rights to which any non customary law applies, no deed or will shall operate to create any proprietary right over land except that of a plain transfer of the whole of the rights of occupation over the whole of the land.

Section 26 of the Land Use Act 2004

Null-and-void transactions and instruments

Any transaction or any instrument which purports to confer on or vest in any person any interest or right over land other than in accordance with the provisions of this Act shall be null and void.

Section 27 of the Land Use Act 2004

Surrender of statutory rights of occupancy

The Governor may accept on such terms and conditions as he may think proper the surrender of any statutory right of occupancy granted under this Act.


Credit:
fao.org
https://www.lawyard.ng/wp-content/uploads/2015/11/LAND-USE-ACT-2004.pdf

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Inioluwa Olaposi

Hi, there. I'm Inioluwa, founder of LawHub NG. I study Law at Obafemi Awolowo University, Nigeria. And I am interested in entrepreneurship and human development. Contact me at Inioluwa@lawhub.com.ng.

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