Conceptualizing Real Estate Registration: Option for Settlement of Land Dispute in Nigeria

Abstract

Land disputes often arise due to disagreements over unclear ownership, control and management of land. This dispute has assumed different dimensions arising from the original perception that land is a commodity that has a fixed supply base. Generally, the right to property has been a very controversial right in terms of protection and interpretation by courts in many legal jurisdictions of the world. The perception is that property right is the exclusive authority to determine how real estate is managed and used, whether owned by individuals, families, community or by government. This article is aimed at conceptualizing real estate registration as an option for settlement of land dispute in Nigeria. Among others the specific objective is to examine the various legal aspects of real estate to effectively resolve land dispute through robust registration processes as verifying land titles, conducting land searches at the land registry and where necessary engaging in alternative dispute resolution mechanism. Doctrinal research method was employed in this article wherein the primary and secondary sources of law which are the important components of the doctrinal research method were relied upon. The primary sources of law consist of statutes, case laws, gazettes, international treaties, conventions, protocols while the secondary sources of law consist of journal articles, books, newspapers, magazines and internet sources. It is found that real estate owners come in many varieties, ranging from the individuals’ families, communities, corporations and government which seeks to protect their rights or invest against any adverse possession, incursion, trespass or conversion. It is concluded that owning to the importance of real estate to man there is always dispute over land right. It is therefore recommended that to trace a land dispute and its legal implications, one must first of all identify the nature of dispute, conduct through title verification by way of establishing clear and standardized procedures for land registration and ensure proper documentation.