By Oyetola Muyiwa Atoyebi SAN, FCIArb. (U.K)
Property ownership in Nigeria is more than an economic asset; it is a symbol of wealth, identity, and social status. As families expand and investments diversify, joint ownership—where two or more parties share rights and interests in the same property—has become increasingly common. Understanding its legal framework is crucial for investors, families, and businesses alike.
Joint ownership in Nigeria typically arises through agreements between parties, inheritance, or operation of law, such as matrimonial or customary family land.
The most common forms of co-ownership include joint tenancy, tenancy in common, and family property. Joint tenancy allows co-owners to hold property under a single title with equal interest and possession, often featuring the right of survivorship, meaning a deceased owner’s share automatically passes to surviving owners.
Tenancy in common, by contrast, gives each co-owner distinct but undivided shares, allowing inheritance through the deceased’s estate or will. Family property, rooted in customary law, is held collectively by a family unit and managed by the family head for the benefit of all members. Legal precedents, including Ekpendu v. Erika, affirm that individual family members cannot dispose of family land without consent from principal members.
The legal framework for joint ownership in Nigeria blends statutory, customary, and common law principles.
The Land Use Act 1978 vests land in state governors, held in trust for the people, while statutory and customary rights of occupancy can be jointly held. Additional legislation, including the Property and Conveyancing Law and Conveyancing Act 1881, provides further structure for creating, transferring, and managing joint ownership interests. Nigerian courts also play a critical role in clarifying ownership distinctions, relying on the intention of the parties, conveyance documents, and the surrounding circumstances, as seen in Adeniran v. Alao.
Jointly owned property carries specific legal implications. Co-owners cannot sell or transfer property without the consent of all parties, and unauthorized sales may be void. Inheritance issues differ depending on the form of ownership; while joint tenancy bypasses traditional inheritance laws, tenancy in common allows a deceased owner’s share to be inherited.
Customary family lands require the consent of principal family members before any sale or alienation. Partitioning or voluntary severance may be pursued when co-owners wish to divide or sell property, guided by the Partition Acts 1882 and 1893.
Joint ownership can also lead to disputes over management, income sharing, maintenance, or unauthorized sales. Experts advise clear documentation, proper registration, and written agreements detailing responsibilities and dispute resolution mechanisms to mitigate these risks. Engaging qualified legal counsel is essential to safeguard interests and ensure compliance with Nigerian property laws.
While joint ownership facilitates collective investment and succession planning, it comes with legal complexities that require careful consideration. Understanding the distinctions between joint tenancy, tenancy in common, and family property is critical to preventing conflicts and ensuring enforceable transactions under Nigerian law.
