Abstract

This paper sets out to examine the concept of ownership with respect to land within the confines of the provisions of the Land Use Act and in the light of the diverse positions taken by scholars and commentators on the provisions of the Act. It discusses the positions of the 2 schools of thought on the subject, rationalizes them and posits that the underlying intent of the Act was to Nationalize all lands in the country by vesting the beneficial interest in the land in the state, leaving the citizens with determinable possessory rights and beneficial interest in the developments and improvements on the land. Resolving the impasse, the paper advocates for review of the Act to be in tandem with its underlying philosophy and principles as espoused in the preamble to the Act.

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