Family land is one of the most common types of property in Nigeria, yet also one of the most misunderstood. Many potential buyers, especially foreigners looking to invest in Nigerian Real Estate often ask: “Can family land really be sold? is it a safe investment?”. These concerns are valid, considering that no prudent person takes a risk without first counting the cost.

The truth is, family land can be sold in Nigeria. However, such transactions are governed by strict customary and statutory rules. If these rules are not adhered to, the buyer risks losing both the land and his money. This article explains the legal process of buying family land in Nigeria, highlight the risks involved and share practical steps every buyer should take to ensure a valid and secure transaction.

WHAT IS FAMILY LAND? 

Family land as the name implies, is land that belongs to a family (a group of people related by blood, affinity or law. A key feature of family land is group ownership, as opposed to individual ownership. Typically, family land is held in trust by the family head for the benefit of both the present and future generations.

WHO CAN SELL FAMILY LAND?

From the definition of family land, it is clear that the sale of such land cannot take place without the knowledge and consent of the family head. The law further requires the consent of the principal members of the family for the transaction to be valid. This is because family land, as earlier stated, is collectively owned. The family head is regarded as the trustee of the land, while the principal members are representatives of the wider family, both of whom must act together to protect the interest of the family.

If a family head sells the land without the consent of the principal members, the sale is voidable, meaning it can be challenged and set aside by the court. Similarly, if the principal members sell family land without the consent of the family head, such sale is void (i.e. invalid). The court will not recognise it.

Note that, it is not enough for consent to be given orally; such consent must be properly documented to avoid future disputes. At this point, it is pertinent to mention that involving a lawyer is of paramount importance. A lawyer provides guidance and safeguards the buyer from pitfalls that may not be obvious at first glance.

AFTER CONSENT, WHAT NEXT?

Once the consent of the family head and principal members has been duly obtained, the next step is to conduct due diligence on the land. The essence of this is to verify the root of title and confirm that the family members offering the land for sale are indeed the rightful and beneficial owners.

TRANSFER OF TITLE

The next step after due diligence is the actual transfer of title or ownership rights from the family to the buyer. The transfer is usually evidenced by a Deed of Assignment, which serves as proof that the buyer has acquired valid rights over the land. Once the Deed of Assignment has been validly executed, ownership passes to the buyer.

However, the buyer is expected to go a step further by registering the deed at the Land Registry. This is to secure his interest against future claims and also give public notice that ownership has changed hands (he is now the new rightful and beneficial owner of the land).

CONCLUSION

Buying family land in Nigeria is not a transaction to be rushed. From securing the consent of the family head and principal members, executing a deed of assignment, and registering it at the Land Registry, every step matters. Skipping any of these steps can expose a buyer to serious risks.

Most importantly, such a transaction requires proper legal guidance to safeguard your interest.

If you have questions or would like further clarity on any aspect, feel free to drop your questions. You can also consult a Lawyer.

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