A Review of the New Guideline and Requirements for the Perfection of Legal Mortgage in Anambra State

In Nigeria, all lands within a state are technically vested in the Governor of that state, who holds them in trust for the people. This is established by the Land Use Act of 1978. While individuals and organizations can obtain rights to use and develop land through various forms of occupancy, such as a statutory right of occupancy (granted by the state) or a customary right of occupancy (granted by the local government), they do not own the land outright. Thus, any transfer or mortgage of an individual’s existing right of occupancy over a land requires the consent of the Governor of the state where the land is situated.

In practice, the Governors of the various states in Nigeria usually delegate their powers under the Land Use Act to their Commissioner for Lands who is an appointee of the Governor, appointed to oversee the Ministry of Lands.