When buying land in Nigeria, terms such as Certificate of Occupancy, statutory right of occupancy and customary right of occupancy frequently appear in title documents and property transactions. Many property buyers assume that a Certificate of Occupancy is the only recognised proof of land ownership. Others believe that land held under customary law has no legal protection unless the government issues a certificate. Neither assumption accurately reflects Nigerian land law. Under the Land Use Act, rights of occupancy form an important part of the legal framework governing the holding, use and transfer of land. A right of occupancy is a legally recognised interest entitling its holder to occupy and use land, subject to the Land Use Act, the terms of the grant and other applicable laws. Rights of occupancy may be statutory or customary. They may also arise through express grants or be deemed to exist under the transitional provisions of the Land Use Act. Understanding these distinctions is essential when purchasing property, investigating land titles, applying for Governor’s Consent or resolving ownership disputes. This article explains what a right of occupancy means in Nigeria, the difference between statutory and customary rights, how they are acquired, whether they can be transferred and the legal risks property buyers should understand. What Is a Right of Occupancy Under Nigerian Law? A right of occupancy is a legally recognised interest in land that entitles its holder to occupy and use the land in accordance with applicable law. The principal legislation governing rights of occupancy in Nigeria is the Land Use Act 1978. Section 1 of the Act vests land comprised in the territory of each state in the Governor, to be held in trust and administered for the use and common benefit of Nigerians, subject to the Act. The Act establishes a framework under which individuals and other eligible persons may hold rights of occupancy. However, the vesting provision does not mean that every existing landholder lost all legally protected interests when the Act commenced. The Act contains transitional provisions recognising certain pre-existing rights. Accordingly, a right of occupancy can arise through an express grant or through the operation of law. What Are the Types of Rights of Occupancy in Nigeria? The two principal categories are: Statutory right of occupancy. Customary right of occupancy. Both are recognised under the Land Use Act, but they differ in their administration, legal framework and certain requirements governing their transfer. What Is a Statutory Right of Occupancy? A statutory right of occupancy is a right of occupancy governed by the statutory framework of the Land Use Act. Under section 5 of the Act, the Governor has power to grant statutory rights of occupancy for all purposes, whether or not the land is situated in an urban area. Statutory rights of occupancy may arise through an express grant by the Governor or through the Act’s provisions recognising existing interests. A statutory right may be subject to conditions concerning: Duration. Permitted use. Payment of ground rent. Development obligations. Transfer restrictions. Other lawful conditions. The precise rights and obligations depend on the relevant grant and applicable law. How Can You Obtain a Statutory Right of Occupancy? A person may obtain a statutory right through an appropriate government grant or hold a right deemed to exist under the Land Use Act. Where a formal grant is sought, the applicable administrative process must be followed. The relevant authority may require information about the applicant, the land and the proposed use. A Certificate of Occupancy may subsequently be issued as evidence of the right. However, the absence of a certificate does not automatically mean that no statutory right exists. What Is a Customary Right of Occupancy? A customary right of occupancy is a right recognised under the Land Use Act and administered within the framework applicable to customary landholding. Section 6 of the Act empowers Local Governments to grant customary rights of occupancy over land in non-urban areas, subject to the Act. The Act also recognises certain existing customary interests through its transitional provisions. Customary rights of occupancy are particularly relevant to land held under customary tenure. Such land may involve individuals, families or communities. However, the precise nature of the interest must be established from the applicable law and the facts. A person should not assume that every parcel described as family or ancestral land automatically carries the same legal incidents. Statutory vs Customary Right of Occupancy in Nigeria The differences can be summarised as follows. Statutory right of occupancy Customary right of occupancy Governed by the statutory framework under the Land Use Act Governed by the Act’s framework for customary rights Governor has power to grant under section 5 Local Government has power to grant in non-urban areas under section 6 May arise through express grant or operation of law May arise through express grant or recognition of existing interests Alienation is regulated principally by section 22, subject to the Act Relevant dealings are regulated by section 21 May be evidenced by a Certificate of Occupancy May be evidenced by appropriate customary and statutory records Can relate to land in urban or non-urban areas Express Local Government grants under section 6 concern non-urban land Both categories can involve legally enforceable interests. The appropriate classification depends on the source of the right, the location and the applicable provisions of the Act. What Is the Difference Between Express and Deemed Rights of Occupancy? This distinction is important because not every right of occupancy arises from a fresh government allocation. Express Right of Occupancy An express right of occupancy arises through a grant made by the relevant authority under the Land Use Act. For example, the Governor may grant a statutory right of occupancy in accordance with section 5. The grant may contain conditions governing the holder’s use of the land. Deemed Right of Occupancy A deemed right of occupancy arises through the operation of the Land Use Act’s transitional provisions. Sections 34 and 36 are particularly relevant to the treatment of certain