WHAT HAPPENS WHERE THERE ARE TWO RIGHTS OF OCCUPANCY OVER THE SAME PIECE OF LAND?
Where there are two Rights of Occupancy over the same piece of land, the first to be issued (barring no fraud, revocation or irregularity) prevails over the second one.
This was the position of the Court in the recent case of JENRADE V. SANI (2021) 13 NWLR Pt. 1792 p. 111 where two Rights of Occupancy were erroneously issued to cover the same piece of land; on whether two rights of occupancy can subsist in respect of same land, the Court stated that:
"Where there is a subsisting right of occupancy, it is good against any other right. Therefore, the grant of another right of occupancy over the same piece of land will be merely illusory and invalid.
As long as the previous or earlier title or right of occupancy over piece of land subsists, no other rival or competing title of right of occupancy can simultaneously exist over the same piece of land. Two rights of occupancy cannot subsist in respect of the same property or else there will be anarchy."
For more information on Right of Occupancy and other title documents, please contact:
Tope Babade & Co (Real Estate Consultants),
5B, CMD-Jubilee Road,
Magodo GRA Phase 2,
By Value Exchange Superstores,
Shangisha, Lagos, Nigeria.
Tel/WhatsApp: +234 813 834 4488
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