TWIN EVILS PLAGUING LAND RIGHTS ENFORCEMENT IN NIGERIA AND IMPLICATIONS FOR REAL ESTATE DEVELOPMENT

Abstract

Land is at the centre of all human existence. It remains a critical and imperative factor of production for individual, corporate and national development. It is trite that man cannot exist without land and its resources as human beings need land for sustenance in form of shelter, food, clothing and other development purposes. This paper in underscoring the importance of land to man examined twin evils which are currently challenging the legal claims of ownership to land by Nigerian citizens and the resulting negative effects on real estate development and the enforcement of land rights in Nigeria. The paper using a doctrinal research methodology interrogated the twin evils of land grabbing and adverse possession practice which are gaining traction in real estate development in the country. The paper found that adverse possession is a recognized process of acquiring legal ownership of property belonging to someone else and discourages the practice of non-development of allocated land spaces although its application in property law raises so many other legal questions on infringement of the rights of a legal owner of property and a tacit stamping or legal acquiescence to an interloper’s claims. The paper concluded that these two concepts present a great challenge to land speculators, real estate development and the achievement of sustaining housing by 2030 and so recommended policy changes in the administration of land in Nigeria, legislative inputs through enactments of relevant statutes as well as amendment of existing laws, judicial activism and enlightenment of traditional rulers amongst others.