The nature of land ownership and the protection of the purchaser

Abstract

This article examines the nature of ownership of land and derivative or subordinate realrights under English law drawing some comparison with Romanic-Dutch ownership while arguing that the Anglo-American estate’ or interest’ in land is a mere semantic conundrum. It is the position of this writer that the concept of ownership in English law of real property, which dominantly influences our real property law in Nigeria and other common law jurisdictions such as the Bahamas and Jamaica, has not brought the desirable clarity to our real property jurisprudence/practice in Nigeria. The unfortunate problems faced by purchasers of real estate in some common law jurisdiction are also briefly examined in this article. The article seeks to advance a solution to these problems and in this context the writer strongly suggests that a land registration system of some model should be adopted in Nigeria and the Bahamas to protect purchasers of real estates and guarantee greater security of title and clarity in our conveyancing practice.