I am so happy to run to great people of Nairaland like you all; for help and advice.  Just get worried always when I realize that our compound, which we have lived more than 70 years, now some people are asking us to pay for it, or park out. 

The whole Story goes like this>: My Grandfather had three wives and that makes up three families today in our compound. I learned that this land we are living in is owned by a kinsman, which he gave to my grand father as a gift about 70 years  ago or more, because my own father is 67 this year and he is the 2nd to last in the whole sons of my grandfather. I learned also that when this our kinsman gave this land to my grandfather, my grandfather appreciated for the gift, with what he has then, (tubers of yam, some kola nuts and snuff). But its been 5 years now the youths from this our kinsman's compound (the grandsons) has been asking us to leave the land or rather pay for it. I want to know, is there any Law backing any individual or group of people who have lived in a land up to like 60 years to become the right owner of the land without being disturbed again by any, who might call themselves the owner. Am just seeking for help so that I can be a source of salvage to my people back home. please help me in any way.
Please what do we do to retain this our compound?

There is the law of adverse possession. If you use a piece of land exclusively and openly for many years in open defiance of the owners-I heard 10 years is the standard in Nigeria, you've become the owner of the land.

Also, a gift intentionally given by the donor and accepted by the donee cannot be subsequently revoked by the donor. Unless the descendants of the donor of this piece of land can show that it is not a gift to your grandfather, they have a long road to trod in reclaiming the land.

Even if they can show that it is not a gift, it may be difficult for them to reclaim the land depending on how long there have been a dispute on ownership based on adverse possession. I would say from the limited info you provided that your family is safe on this land but you may need to consult with a lawyer who knows his onions to write to these fools and tell them to back off. Good luck!

It may also be argued that your grand father paid consideration for the land with the tubers of yam, kola and tobacco. Therefore, the land was "purchased." 

This argument could be defeated though based on the fact that your family does not have proof of purchase. In most common law climes which Nigeria is one, statute of frauds precludes this argument. Statute of frauds stipulates that all transactions involving interest in real property must be in writing.

Because your family has lived on this property for 70 years, the doctrine of equitable estopple may preclude them from evicting you from the land.

Statute of frauds could be used to support your family's position that this was a gift. If it was a lease, the errant family would have had it In writing and your family would have paid rent over the years. Since there was no memorialization of the transaction, the presumption is that this is a gift.

@Omonuan, am so happy for your declarations here for me. And I seize this period to say a very big thank you. Who knows, I might be the one to give a rigid point, which will lead to my people's being free from this harassment.
The most humiliating, the old ones of my brothers are illiterates, in the sense that they are not educated at all. Meanwhile, i happen to be the only one that looks at the side of gathering informations from legend/information gurus like you all here. They even restricted us from building a block house, rather we built with muds. (to me; in this modern-world, its a shame to my understanding).   
Please I need much sources, where I can gather articles that will boost my compile-points.  especially the source of (10 years is the standard in Nigeria, you become the owner of the land.) I need more of your helps and any others here please.
I will arrange for meeting with a Lawyer too.
    Thank you once again, am grateful.

Davem or: I do wish your family well and hope things work out for you. I understand that most family land in Nigeria were acquired by gift. Thus, if these people are allowed to reclaim the land then a bad precedent would be set. I do not practice law in Nigeria and I was trained outside Nigeria.

A friend of mine who is a lawyer in Nigeria gave me the 10 year info for adverse possession. However, the legal concepts of where I was trained as a lawyer and Nigeria are quite similar. They have common law roots. You need the expertise of a lawyer in Nigeria.

My info provided on this thread are not supposed to constitute legal advise. They are intended to provide you guidelines in understanding your family's predicament and how to overcome it. You need a consultation with a practicing lawyer in Nigeria.

It does not matter that your siblings are mostly illiterates. Since you are more enlightened in your family, lead and provide guidance to your family to tackle this indignity.

Davemore: Here is my research on the law of adverse possession as it relates to Nigeria: The limitation is 20 years not 10 as I previously mentioned:

Adverse possession is a principle of real estate law where by somebody who possesses the land of another for an extended period of time, may be able of claim legal ownership to that land. To prove adverse ownership of possession under a typical definition, the person claiming ownership through adverse possession must show that its possession is actual, open, notarious exclusive, hostile, under cover of claim or right, and continuous and uninterrupted for the statutory period! The statutory period in Nigeria is 20 years and above.


In one of the famous Nigerian land cases, Idundun V. Okumagba, where the plaintiff instituted an action in the High Court, Warri, claiming inter alia, declaration of ownership of a piece of land and an injunction. The plaintiff’s claim was based on partly traditional evidence and partly, an act of ownership, the court held that however, ownership of land may be proved in any of the following five ways.




(a) By traditional evidence
(b) By production of documents of ownership,
(c) Acts of the person claiming the land,
(d) Acts of long possession and enjoyment,
(e) Proof of possession of connected or adjacent land.


The (D) part is our point of view. Indeed, it has clearly shown that an act of long possession can gravitate an ownership.


In the case of Odunze V. Nwosu 3, it was further confirmed that these five grounds are settled law, stating.


“… It is settled that where as plaintiffs here so claim, they must prove their ownership of the land in dispute by one of the five ways listed in the case of Idundun V. Okumagba. In the case if Jiwul V. Dimlang 4, the piece of land, subject of the dispute in this case formed part of a large piece of land held by the Pankshin Native Authority, which was previously used as a market until the market was.


3) May 2007 (sc).


4) (2003) 9 MWLR 154 moved to a new site. The appellant who was the plaintiff at the trial court, claimed that 0.06 hectares of land carved out of the old market was allocated to him in 1972 by the then Pankshin Native Authority. He developed part of it erecting a petrol filling station, several shops and warehouses therein.


The respondents case was that he bought the land, where the bus shed was from the Plateau State Transport Corporation PTC in 1986, removed the roof of the shed and took possession thereof by putting a mechanic on the land. He claimed that the land he bought excluded the petrol station.


The court finally reiterated the five ways of acquiring ownership and of which (D) was greatly considered which has to do with an act of long possession.


In the case of Eke V. Okwaranya, 5 they held that in a situation where an adverse possessor holds ownership possession.


5) (2001) 12 NWLR Pt 726, 181, as a trespasser for a time longer than necessary, his act of long possession can become ownership.


In the case of Madumma V. Jambo 6) the court again reiterated the principle of law that an act of long possession can gravitate into ownership. This is without prejudice to the fact that he is a trespasser.
In the case of Ezedigwe V. Ndichie 7, an act of long possession by a trespasser can statutarily herald an ownership.


These and many other cases show this.


The effects of adverse possession
The act to be extinguished is not the remedy, but the right and possession. The effect of the statute is to extinguish the right which previously existed so that in principle, an acknowledgement by the limitation period that has expired should have no effect to that which has been extinguished and cannot subsequently be resuscitated.


6) (2001) 12 NWIR pt (736) 461
7) (2001) 12 NWLR pt (726) 37


This is curled from the Nigerian Observer. it appears that your family might have acquired title to this land by adverse possession.

Interesting indeed!

@omonuan, Thank you so much. I am so happy for you time and kindness over my post so far. Thank you once again for the uploads here; its so educative and as well a link through which I can head on to solving our people's problem. I do appreciate and may god bless you - Amen.

Davmore: Thanks for your appreciation. I had recently wondered what happened to your family's situation. Please give us updates. If you do not want to update publicly send info to me at:omonuan@hotmail.com.  Your family has a strong case based on the info you supplied but you must assert your rights.  I am glad I could be of help because as Martin Luther King said: "injustice any where is a threat to justice everywhere" Good luck!

Omonuan: I am so glad for your concern, actually I am trying now to put together an article through which I will use to meet with my people and narrate to them how we can claim right owner of our compound. Like all these our discussion so far, I will put it together with the "Adverse possession" points that I will get from here online/google cum your sample on the same so far. So as a young boy I am, I need to put up something that will enable me to stand before this my people and explain to them all it will take to go on with the claiming. I wan it in a way that I will hear more from them before proceeding to a lawyer for a support and otherwise. I cannot stop thanking you and again, I will like to make it a kind personal as regard posting you on the trends of the issue. But that will be when I go to my people and start the meeting of the lawyer. I really appreciate for your brotherly advises and kindness. Thank you please.