The 1978 Law That Took Your Land – And What to Do About It

Uchenna Akubue
Uchenna AkubueAdmin
-Jan 11, 2026
The 1978 Law That Took Your Land – And What to Do About It

March 29, 1978 – The Day Everything Changed

Picture this: Your grandfather owned a plot of land in Lagos. No mortgage. No lease. No expiry date. It was HIS, absolutely, completely, forever.

Then came the LAND USE ACT OF 1978


With one signature, General Olusegun Obasanjo's military government declared that all land in Nigeria now belongs to the State Governor. Not the people. Not the families who had owned it for generations. The government.


Sounds dramatic? It is. But before you panic, keep reading, because understanding this law is the key to protecting your property investment today.


What Exactly Did the Law Do?

Before 1978, Nigeria had different land systems. In the South, families held land through customary ownership. In the North, land was already government-controlled. It was messy, complicated, and often led to endless disputes.


The Land Use Act was meant to fix this. The idea was simple:

  • Unify land ownership across Nigeria
  • Make land more accessible to everyone
  • End the "Omo Onile" chaos and family land wars


But here's what actually happened:

| Before 1978 | After 1978 |

|-------------|------------|

| Freehold Title – You owned land forever | Certificate of Occupancy (C of O) – You lease land for 99 years |

| No government approval needed to sell | Governor's Consent required for every transfer |

| Your land, your rules | The state is the ultimate landlord |


In other words, Nigerians went from being landowners to being land tenants.


So What Does This Mean for You?

If you're buying property in Nigeria today, here's the reality:


1. You're Not Buying Land – You're Buying Rights

That C of O in your hand? It's not a title of ownership. It's a Right of Occupancy, permission from the government to use the land for 99 years. After that? Technically, it reverts to the state.


2. Every Sale Needs Government Approval

Want to sell your property? You need Governor's Consent. This means:

  • Your C of O gets revoked
  • A new C of O is issued to the buyer
  • Processing time: 6 months to 2 years
  • Cost: 3-6% of property value


Skip this step, and that transaction could be declared void. Yes, you could lose everything.


3. Freehold Still Exists – But It's Rare

Here's a secret: Properties with Freehold titles from before 1978 are still valid. They're like gold dust, rare, valuable, and don't require Governor's Consent to transfer. If you find one, grab it.


What Smart Investors Do About It

The Land Use Act isn't going anywhere. It's now part of Nigeria's Constitution. Fighting it? Waste of time. Understanding it? That's where the money is.


Here's what separates successful property investors from those who lose their shirts:


  • They verify documents thoroughly, Fake C of Os are everywhere. One trip to the Land Registry can save you millions.
  • They budget for Governor's Consent, That "cheap" property becomes expensive when you add transfer fees.
  • They work with experts, Not every realtor understands land documentation. The wrong advice can cost you a fortune.
  • They hunt for Freehold properties Rare, but they exist. And they appreciate faster because of their scarcity.


This Is Where We Come In


At Cholan Homes and Realty, we've made it our mission to protect investors from the pitfalls of Nigerian property ownership.


We don't just show you properties. We:

Conduct thorough due diligence, Every document verified at the Land Registry

Handle the paperwork, From C of O processing to Governor's Consent

Protect your investment, No fake documents. No "Omo Onile" surprises. No wahala.

Find the hidden gems, Including verified Freehold properties most agents don't know about


The 1978 law changed the game. But with the right partner, you can still win.


Your Next Move

Don't let a 46-year-old law catch you off guard. Whether you're buying your first home, investing in commercial property, or building generational wealth, make sure your documents are solid.



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Uchenna Akubue

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Uchenna Akubue