esm 303 elements of land law 1 prerequisite

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1 ESM 303ELEMENTS OF LAND LAW 1 COURSE PARTICULARS Course Code: ESM 303 Course Title: ELEMENTS OF LAND LAW 1 No. of Units: 2 Course Duration: Two hours of theory. Status: Compulsory Course Email Address: [email protected] Course Webpage: http://www.esm.futa.edu.ng/courseschedule.php?coursecode=ESM%20101 Prerequisite: NIL COURSE INSTRUCTORS Barr. P. O. Fasunhan Legal Unit Federal University of Technology, Akure, Nigeria. Phone: +234803472276 Email:[email protected] COURSE DESCRIPTION The course covers the following topics: The principles of English Land and Law Historical outline of the development of freehold and leasehold estates and interests Legal and Equitable Estates and interest in land Pledges and Pawns Mortgages and their nature. COURSE OBJECTIVES The objectives of the course are: To make students know that the basic rule of English Land Law that Land is owned by the crown That the crown made grants of land to his followers and to those who submitted to his control That grants of land were made in return for services to be rendered by the tenant That Estates are classified according to the duration of a tenant’s rights to the land. COURSE LEARNING OUTCOMES / COMPETENCIES Upon the completion of this course, the student will be able to: (i) Distinguish between Freehold and Leasehold land (ii) Know the meaning of Estate in fee simple absolute in possession. Leases and incidence of leases vis-à-vis conditions attached to leases o Define and distinguish between Easement and Profit Aprendre

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Page 1: ESM 303 ELEMENTS OF LAND LAW 1 Prerequisite

1

ESM 303– ELEMENTS OF LAND LAW 1

COURSE PARTICULARS

Course Code: ESM 303

Course Title: ELEMENTS OF LAND LAW 1

No. of Units: 2

Course Duration: Two hours of theory.

Status: Compulsory

Course Email Address: [email protected]

Course Webpage: http://www.esm.futa.edu.ng/courseschedule.php?coursecode=ESM%20101

Prerequisite: NIL

COURSE INSTRUCTORS

Barr. P. O. Fasunhan

Legal Unit

Federal University of Technology, Akure, Nigeria.

Phone: +234803472276 Email:[email protected]

COURSE DESCRIPTION

The course covers the following topics:

The principles of English Land and Law

Historical outline of the development of freehold and leasehold estates and interests

Legal and Equitable Estates and interest in land

Pledges and Pawns

Mortgages and their nature.

COURSE OBJECTIVES

The objectives of the course are:

To make students know that the basic rule of English Land Law that Land is owned by

the crown

That the crown made grants of land to his followers and to those who submitted to his

control

That grants of land were made in return for services to be rendered by the tenant

That Estates are classified according to the duration of a tenant’s rights to the land.

COURSE LEARNING OUTCOMES / COMPETENCIES

Upon the completion of this course, the student will be able to:

(i) Distinguish between Freehold and Leasehold land

(ii) Know the meaning of Estate in fee simple absolute in possession.

Leases and incidence of leases vis-à-vis conditions attached to leases

o Define and distinguish between Easement and Profit Aprendre

Page 2: ESM 303 ELEMENTS OF LAND LAW 1 Prerequisite

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o Licence, and Licensee

o Mortage, Mortgagor, Mortgagee, Mortgaged property

o Incidence of pledges and the rights attached to it vis-à-vis limitations

GRADING SYSTEM FOR THE COURSE

This course will be graded as follows:

This course will be graded as follows:

Class Attendance 10%

Assignments 15%

Test(s) 15%

Final Examination 60%

TOTAL 100%

GENERAL INSTRUCTIONS

Attendance: It is expected that every student will be in class for lectures and also participate in

all tutorials. Attendance records will be kept and used to determine each person’s qualification

to sit for the final examination. In case of illness or other unavoidable cause of absence, the

student must communicate as soon as possible with the course lecturer, indicating the reason for

the absence.

Academic Integrity: Violations of academic integrity, including dishonesty in assignments, test

and examination are prohibited. You are not allowed to make copies of another person’s work

and submit it as your own; that is plagiarism. All cases of academic dishonesty will be reported

to the University Management for appropriate sanctions in accordance with the guidelines for

handling students’ misconduct as spelt out in the Students’ Handbook.

Assignments and Group Work: Students are expected to submit assignments as scheduled. Late

submission of assignment(s) is not allowed except under extenuating circumstances, for which a

student has notified the instructor in advance.

Code of Conduct in Lecture Rooms: Students should turn off their cell phones during lectures.

Students are prohibited from engaging in other activities (such as texting, watching videos, etc.)

during lectures. Food and drinks are not permitted in the lecture room.

READING LIST

1. Law Made Simple (1982), Low Priced Edition by Colin F Padfield

2. Fundamentals of Nigerian Real Property Law (2006) by Olugbemi Fatula

COURSE OUTLINE

WEEKS TOPICS REMARKS

1 Introduction to General Principles of English

Land Law ownership and Property Rights and

Limitations

2 Freehold and Leasehold Land

Types of tenure and implications that flow from

Page 3: ESM 303 ELEMENTS OF LAND LAW 1 Prerequisite

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it

Unfree tenure

3 & 4 Meaning of Estate

Classification of Estates

Deform of the English Land Law

Estate in fee simple

Absolute in possession, creation of leases

Leaseholds, Tenancies and various types of

tenancies

5 & 6 Duties of Landlord and Tenant

Restrictive Covenants

Serutudes, express covenants

Implied covenants

7 & 8 Easements, Dominant and servient tenements

Right of way, Easement by Grant, Statute

Prescription

Profits a Prendre

MID-SEMESTER TEST

9 & 10 Mortgages, Legal, Equitable

Remedies of the Mortgagor

Remedies of the Mortgagee

Pledges and incedent of pledges

Sales of Land

Contract of sale and Delivery of Land and

transfer of title in it

Registration of Land Charges

Page 4: ESM 303 ELEMENTS OF LAND LAW 1 Prerequisite

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ESM 205 – LAW OF CONTRACT

COURSE PARTICULARS

Course Code: ESM 205

Course Title: LAW OF CONTRACT

No. of Units: 2

Course Duration: One hour of theory.

Status: Compulsory

Course Email Address: [email protected]

Course Webpage: http://www.esm.futa.edu.ng/courseschedule.php?coursecode=ESM%20101

Prerequisite: NIL

COURSE INSTRUCTORS

Barr. P. O. Fasunhan

Legal Unit

Federal University of Technology, Akure, Nigeria.

Phone: +234803472276 Email:[email protected]

COURSE DESCRIPTION

The course covers the following topics

Formation of contract, parties to a contract, void and voidability of a contract, parties to a

contract, termination of contracts, remedies for breach.

Special topics: sales of land and goods, agency, the legal position of auctioneers and estate

agents, insurance, hire purchase, sales of goods etc.

COURSE OBJECTIVES

The objectives of this course are to:

Make students know the definition of contract

To make them realize that parties to a contract must intend that their agreement shall be

legally enforceable

Enable students to know that contractual agreements give rise to rights and obligations

which the law recognizes and enforces

Make students realize that certain agreements, such as domestic and social arrangements,

are not intended by the parties to be legally binding

Make students know that every contract is an agreement, but not every agreement is a

contract.

COURSE LEARNING OUTCOMES / COMPETENCIES

Upon the completion of this course, the student will be able to:

apply principles of law to hypothetical cases

Page 5: ESM 303 ELEMENTS OF LAND LAW 1 Prerequisite

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cite examples of decided cases as it applies to real life situations

advise succinctly on any issue that relates to contractual matter vis-à-vis breach of

contract and remedies that would flow from such breach.

GRADING SYSTEM FOR THE COURSE

This course will be graded as follows:

Class Attendance 10%

Assignments 15%

Test(s) 15%

Final Examination 60%

TOTAL 100%

GENERAL INSTRUCTIONS

Attendance: It is expected that every student will be in class for lectures and also participate in

all tutorials. Attendance records will be kept and used to determine each person’s qualification

to sit for the final examination. In case of illness or other unavoidable cause of absence, the

student must communicate as soon as possible with the course lecturer, indicating the reason for

the absence.

Academic Integrity: Violations of academic integrity, including dishonesty in assignments, test

and examination are prohibited. You are not allowed to make copies of another person’s work

and submit it as your own; that is plagiarism. All cases of academic dishonesty will be reported

to the University Management for appropriate sanctions in accordance with the guidelines for

handling students’ misconduct as spelt out in the Students’ Handbook.

Assignments and Group Work: Students are expected to submit assignments as scheduled. Late

submission of assignment(s) is not allowed except under extenuating circumstances, for which a

student has notified the instructor in advance.

Code of Conduct in Lecture Rooms: Students should turn off their cell phones during lectures.

Students are prohibited from engaging in other activities (such as texting, watching videos, etc.)

during lectures. Food and drinks are not permitted in the lecture room.

READING LIST

1. Law Made Simple (1982), Low Priced Edition by Colin F. Padfield

2. Law of Contract (2000) by Chesire and Fifoot

3. Law of Contract (2006) by Professor I. Sagay

COURSE OUTLINE

WEEKS TOPICS REMARKS

1 Introduction of Law of Contract and definition

of contract, different kinds of contract, void,

voidable, unenforceable, valid, illegal etc

2 Bilateral and unilateral contract.

Essential ingredients of a valid contract such as

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offer, acceptance, consideration, intention to

create legal relations, capacity

3 & 4 Invitation to treat and offer distinguished.

Termination of offer, mental acceptance,

acceptance subject to contract.

Rules of consideration, effect of intention to

create legal relations, capacity of infants,

lunatics and drunken persons, married women,

illiterates

5 Effect of Mistake on Contract

a. Mutual mistake

b. Common mistake

c. Unilateral mistake

Effect of Misrepresentation on Contract

a) Innocent misrepresentation

b) Fraudulent misrepresentation

6 & 7 Different ways of

Terminating a contract

Remedies for breach of contract

8 & 9 Sales of Goods

Definition of Sales, Goods, Property etc

Estate Agents – Principal, Agent & Third party

Scope of Agency and their authorities

MID SEMESTER TEST

10 Hire Purchase Agreement

Common law, Hire Purchase Act of 1965

Parties to Hire Purchase Agreement

Formalities of Hire Purchase agreement

Rights and Liabilities under the owner and the

Hirer

Determination of Hire Purchase Agreement

Page 7: ESM 303 ELEMENTS OF LAND LAW 1 Prerequisite

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ESM 206–ELEMENTS OF LAW OF TORT

COURSE PARTICULARS

Course Code: ESM 206

Course Title: ELEMENTS OF LAW OF TORT

No. of Units: 2

Course Duration: Two hours of theory.

Status: Compulsory

Course Email Address: [email protected]

Course Webpage: http://www.esm.futa.edu.ng/courseschedule.php?coursecode=ESM%20101

Prerequisite: NIL

COURSE INSTRUCTORS

Barr. P. O. Fasunhan

Legal Unit

Federal University of Technology, Akure, Nigeria.

Phone: +234803472276 Email:[email protected]

COURSE DESCRIPTION

The course covers the following topics:

General Principles of Tort, Torts affecting land, Negligence, Nuisance, Trespass, Strict Liability,

Liability for animals

COURSE OBJECTIVES

The objectives of this course is to make students know that:

Tort is a breach of a duty imposed by law and that parties in a tort are previously

unconnected

Tort is concerned with protecting interests and compensating wrongs, injuries or damage

Liability in tort is often based on fault or occurrence of damage

Tort aims to restore a plaintiff to his pre-accident or pre-wrong position

COURSE LEARNING OUTCOMES / COMPETENCIES

Upon the completion of this course, the student will be able to know:

That Law of Torts protects personal and property interests from being harmed by other

persons

That everyone is under a duty not to breach the interests of other persons

That where a person interferes with the interest of another person without legal

justification, or excuse, the law of tort intervenes to apportion blame and award damages

or other appropriate remedy.

GRADING SYSTEM FOR THE COURSE

Page 8: ESM 303 ELEMENTS OF LAND LAW 1 Prerequisite

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This course will be graded as follows:

Class Attendance 10%

Assignments 15%

Test(s) 15%

Final Examination 60%

TOTAL 100%

GENERAL INSTRUCTIONS

Attendance: It is expected that every student will be in class for lectures and also participate in

all tutorials. Attendance records will be kept and used to determine each person’s qualification

to sit for the final examination. In case of illness or other unavoidable cause of absence, the

student must communicate as soon as possible with the course lecturer, indicating the reason for

the absence.

Academic Integrity: Violations of academic integrity, including dishonesty in assignments, test

and examination are prohibited. You are not allowed to make copies of another person’s work

and submit it as your own; that is plagiarism. All cases of academic dishonesty will be reported

to the University Management for appropriate sanctions in accordance with the guidelines for

handling students’ misconduct as spelt out in the Students’ Handbook.

Assignments and Group Work: Students are expected to submit assignments as scheduled. Late

submission of assignment(s) is not allowed except under extenuating circumstances, for which a

student has notified the instructor in advance.

Code of Conduct in Lecture Rooms: Students should turn off their cell phones during lectures.

Students are prohibited from engaging in other activities (such as texting, watching videos, etc.)

during lectures. Food and drinks are not permitted in the lecture room.

READING LIST

1. Law of Tort (2008) – Ese Malemi – Published by Princeton Publishing Company

2. Law Made Simple (1982), Low Priced Edition by Colin F Padfield

COURSE OUTLINE

WEEKS TOPICS REMARKS

1 Introduction of Law of Torts and Definition,

Purpose of the Law of Tort, Tort compared with

some other laws

2 How Law of Tort was received into Nigeria

Sources of Nigerian Law of Tort, Common Law,

Case Law or Judicial Precedent, Legislations,

Acts and Laws Decrees and Edicts, Bye Laws,

Delegated Legislation

3 & 4 Principles of Liability in Tort

Damage and liability on tort, legal wrong

without damage, damage without a legal wrong,

Page 9: ESM 303 ELEMENTS OF LAND LAW 1 Prerequisite

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causation and liability for damage, tests for

determining the extents of liability for damage,

test of directness of damage, strict liability

motive, intention, malice and liability in tort

5 & 6 Trespass to Person – Assault

Purpose of the Law of assault

Elements of Assault, Examples of Assault

Battery – Purpose of the Law of Battery

Examples of Battery, Elements of Battery

Involuntary contact

False Imprisonment

Confinement is not necessary

Purpose of the law of false imprisonment

7 & 8 Trespass to Chattel

Examples of Trespass to chattel

Trespass to chattel, Conversion and Detinue

Elements of Trespass to Chattel

Defences for Trespass to Chattel

Remedies for Trespass to Chattel

Conversion

Differences between Conversion and Trespass to

chattel

Examples of Conversion

Defenses to Conversion of a Chattel

Remedies for Conversion

Detinue

When to sue for Detinue

Differences between Conversion and Detinue

Defences for Detinue, Remedies for Detinue

MID-SEMESTER TEST

9 & 10 Trespass to Land

Definition of Land

Elements of Trespass to Land

Remedies for Trespass to Land

Negligence

Purpose of the Tort of Negligence

Definition of Negligence

Elements of Negligence

Duty of Care

Vicarious Liability

Relationships that produce vicarious liability

Factors determining a master and servant

relationship

Elements of vicarious liability

Occupiers Liability

Definition of Property, who is an occupier?

Properties under occupier liability

Invitees, Licencees, Trespasers

Nuisance

Definition of Nuisance, Examples of Nuisance

Purpose of the Law of Nuisance

Kinds of Nuisance

Page 10: ESM 303 ELEMENTS OF LAND LAW 1 Prerequisite

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ESM 312 – ADMINISTRATIVE LAW

COURSE PARTICULARS

Course Code: ESM 312

Course Title: ADMINISTRATIVE LAW

No. of Units: 2

Course Duration: Two hours of theory.

Status: Compulsory

Course Email Address: [email protected]

Course Webpage: http://www.esm.futa.edu.ng/courseschedule.php?coursecode=ESM%20101

Prerequisite: NIL

COURSE INSTRUCTORS

Barr. P. O. Fasunhan

Legal Unit

Federal University of Technology, Akure, Nigeria.

Phone: +234803472276 Email:[email protected]

COURSE DESCRIPTION

The course covers the following topics:

The machinery of government, Separation of powers, the Legislative, the Executive, Judiciary,

organization of courts and their jurisdictions.

Administrative tribunal, the personnel of the Law

Remedy for Administrative misconduct such as interlocutory injunction, certiorari, order of

mandamus.

COURSE OBJECTIVES

The objectives of this course is to allow students to know that:

Administrative authorities have much powers and their functions affect the lives of all

persons and bodies

Administration is indispensable for any unit of people whether it be in the domestic,

social, commercial or public setting

Administration in managing the affairs of a given unit of people makes policies and takes

decision and in doing this, the administration may infringe the rights and interests of a

person or group of persons

The purpose of administrative law is to regulate the powers and duties of administrative

authorities and provide remedies for administrative wrongs

There are judicial remedies and non-judicial remedies for administrative acts.

COURSE LEARNING OUTCOMES / COMPETENCIES

Upon the completion of this course, the students will be able to know:

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Principles, powers and duties of administrative authorities and the remedies prescribed by

law for the wrongs and excesses of administrative authorities

Administrative decisions and rule making procedures

Control of administrative powers, administrative adjudication and the right to fair

hearing, due process of law

Administrative personnel in the public and private sectors.

GRADING SYSTEM FOR THE COURSE

This course will be graded as follows:

Class Attendance 10%

Assignments 15%

Test(s) 15%

Final Examination 60%

TOTAL 100%

GENERAL INSTRUCTIONS

Attendance: It is expected that every student will be in class for lectures and also participate in

all tutorials. Attendance records will be kept and used to determine each person’s qualification

to sit for the final examination. In case of illness or other unavoidable cause of absence, the

student must communicate as soon as possible with the course lecturer, indicating the reason for

the absence.

Academic Integrity: Violations of academic integrity, including dishonesty in assignments, test

and examination are prohibited. You are not allowed to make copies of another person’s work

and submit it as your own; that is plagiarism. All cases of academic dishonesty will be reported

to the University Management for appropriate sanctions in accordance with the guidelines for

handling students’ misconduct as spelt out in the Students’ Handbook.

Assignments and Group Work: Students are expected to submit assignments as scheduled. Late

submission of assignment(s) is not allowed except under extenuating circumstances, for which a

student has notified the instructor in advance.

Code of Conduct in Lecture Rooms: Students should turn off their cell phones during lectures.

Students are prohibited from engaging in other activities (such as texting, watching videos, etc.)

during lectures. Food and drinks are not permitted in the lecture room.

READING LIST

1. Administrative Law - (2008) Third Edition by Ese Malemi

COURSE OUTLINE

WEEKS TOPICS REMARKS

1 Introduction to Administrative Law

Organization, functions, powers and procedures

of government and Administrative Authorities

Definitions of Administrative Law

Page 12: ESM 303 ELEMENTS OF LAND LAW 1 Prerequisite

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Administrative Law and Constitutional Law

compared

2 Province of Administrative Law

Functions and powers of administration

Examples of Administrative Agencies of Federal

Government

Sources of Administrative Powers

Express, Incidental and Implied powers

3 & 4 Kinds of Administrative powers

Legislative, Executive Judicial, Quasi Judicial

Administrative or Executive powers

Doctrine of Separation of Powers and 1999

Constitution

Principles of Natural Justice

Administrative Machinery of FUTA vis-à-vis

the provision of FUTA Act 2004 and the rights

of students

5 & 6 Hierarchy of Courts, Composition and Functions

of various Personnel of the Courts

The Judicature under 1999 Constitution.

FEDERAL COURTS

Supreme Court of Nigeria, The Court of Appeal,

The Federal High Court, The High Court of the

Federal Capital Territory Abuja

Sharia Court of Appeal of the Federal Capital

Territory Abuja

Customary Court of Appeal of the Federal

Capital Territory Abuja

7 & 8 STATE COURTS

High Court of a State

Sharia Court of Appeal of a State

Customary Court of Appeal of a State

MID-SEMESTER TEST

9 & 10 Remedies for Administrative Acts

Judicial Remedies

Order of Mandamus, Certiorari, Prohibition

Injunction, Habeas Corpus

Non Judicial Remedies

Petition, Dialogue, Rally and Peaceful Protest

Public opinion, Lobby, Referendum, Prerogative

of Mercy Amnesty ADR, Arbitration, Mediation

Conciliation, Strike, Boycott, Picketting

Page 13: ESM 303 ELEMENTS OF LAND LAW 1 Prerequisite

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ESM 304 – ELEMENTS OF LAND LAW II

COURSE PARTICULARS

Course Code: ESM 304

Course Title: ELEMENTS OF LAND LAW II

No. of Units: 2

Course Duration: Two hours of theory.

Status: Compulsory

Course Email Address: [email protected]

Course Webpage: http://www.esm.futa.edu.ng/courseschedule.php?coursecode=ESM%20101

Prerequisite: NIL

COURSE INSTRUCTORS

Barr. P. O. Fasunhan

Legal Unit

Federal University of Technology, Akure, Nigeria.

Phone: +234803472276 Email:[email protected]

COURSE DESCRIPTION

The course covers the following topics:

The role of land in indigenous Nigerian society and economy

Nature of land holdings, creation of family ownership

Customary forms of alienation. Dealings with family property

Compulsory acquisition and state grants. Registration of titles of family land.

COURSE OBJECTIVES

The objectives of this course is to expose students to know the:

Role of land in Indigenous Nigerian Society

Rules of Customary law relating to ownership, acquisition and disposition of land

Concept of communal, family and individual land-ownership under customary law

Family property

Ownership of land.

COURSE LEARNING OUTCOMES / COMPETENCIES

Upon the completion of this course, the student will be able to know:

Three concepts of ownership known to Customary Law

Powers of Administration over land

That title to family land holdings is vested in the members of the family as a corporate

group

Page 14: ESM 303 ELEMENTS OF LAND LAW 1 Prerequisite

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Framework for the creation of family property

Creation through allotment and Will

Redemption of pledged family land

Appointment of head of family etc.

GRADING SYSTEM FOR THE COURSE

This course will be graded as follows:

Class Attendance 10%

Assignments 15%

Test(s) 15%

Final Examination 60%

TOTAL 100%

GENERAL INSTRUCTIONS

Attendance: It is expected that every student will be in class for lectures and also participate in

all tutorials. Attendance records will be kept and used to determine each person’s qualification

to sit for the final examination. In case of illness or other unavoidable cause of absence, the

student must communicate as soon as possible with the course lecturer, indicating the reason for

the absence.

Academic Integrity: Violations of academic integrity, including dishonesty in assignments, test

and examination are prohibited. You are not allowed to make copies of another person’s work

and submit it as your own; that is plagiarism. All cases of academic dishonesty will be reported

to the University Management for appropriate sanctions in accordance with the guidelines for

handling students’ misconduct as spelt out in the Students’ Handbook.

Assignments and Group Work: Students are expected to submit assignments as scheduled. Late

submission of assignment(s) is not allowed except under extenuating circumstances, for which a

student has notified the instructor in advance.

Code of Conduct in Lecture Rooms: Students should turn off their cell phones during lectures.

Students are prohibited from engaging in other activities (such as texting, watching videos, etc.)

during lectures. Food and drinks are not permitted in the lecture room.

READING LIST

1. Fundamentals of Nigerian Real Property Law (2006) by Olugbemi Fatula

COURSE OUTLINE

WEEKS TOPICS REMARKS

1 Role of land in Indigenous Nigerian Society

Definition of Land, Sources of Land Law

Importance of Land as a factor of production

2 State Land vis-à-vis developing it

Land use Act of 1978 and Land ownership

Land tenure in Northern Nigeria

Page 15: ESM 303 ELEMENTS OF LAND LAW 1 Prerequisite

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3 & 4 Rules of Customary Law relating to ownership,

acquisition and disposition of land

Concept of communal, family and individual

land ownership under customary law, conceptual

clarification of family

5 & 6 How family property is created under customary

law

Framework for the creation of family property

Creation through allotment, Will, acquisition of

land through family resources

7 & 8 Organization and Management of family

landholdings

Appointment of family head by operation of

law, Express Appointment

Rights and duties of family head

Accountability of family head

MID-SEMESTER TEST

9 & 10 Rights of members of the family

Alienation of family land

Validity of Alienation of family property

Void and voidable transfers

Allocation and allotment

Nature of the interest of an allocatee

Right of inheritance

Partitioning