ACQUISITION OF LAND BY ADVERSE POSSESSION IN NIGERIA AND SOME SELECTED JURISDICTIONS

ABSTRACT

This research work is a critique of the legal position of acquisition of land by adverse possessor in Nigeria and some selected jurisdictions. It examines how the principles protected the interest of an adverse possessor. Acquisition of title to land by long adverse possession is a study both of case law and of statutory provisions. The effect of any statutory provision which limits the time within which an action may be brought by an owner of land to recover possession of that land is to give a certain status to a person who has had possession for the requisite period. The conflicting interest of protecting the sanctity of the court by statue barring matters as against the protection of citizens leaves the floor open for illegal self-help, loss of investment opportunities and frustration to the system. This research adopts the doctrinal methodology. As such, primary sources of material were used. Findings reveals that the Land Registration Lawto be more effective in the administration and management of land system, there is a need that the Registrar of Title and the other government officials should be persons of high integrity and ensure that there is no undue delay in the perfection of title and transactions in land. Also, the research finds that in light of modern trends, the redundancy or otherwise of the protection of adverse possession is constantly questioned. The research therefore recommends that Special Courts dedicated to land matters alone be established and judges be retrained on this specialized field to encourage speedy dispensation of land disputes in Nigeria. The research concludes that there is the need to maximize the existing legal framework to erect a structure that will balance the conflicting interest of both an adverse possessor and a legal title owner.