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Terms Meanings

Ownership Ownership signifies the title to a subject matter,


movable/immovable. Ownership confers the owner the right to (1)
exclusive use and enjoyment, (2) the right to transfer/alienate and
also (3) right to possess, (4) right to transmit upon death.

In respect of land, ownership denotes the right to exclusive but not


absolute enjoyment because of the various conditions imposed by
the state in respect of its use and enjoyment.

Possession Signifies something lesser interest as of an ownership. A person


who is the registered proprietorship of the land has the ownership
of the land whereas a person who has a lease of the land only has
possession.

Title Title to land is evidenced by a document like the issue or register


document of title, such as the IDT.

Interest Interest usually involved someone other than the owner. Denotes
something less than proprietorship or ownership. In context of the
NLC, interest in land would be taken to mean a registered lease,
charge or easement as well as a statutory lien or a tenancy exempt
from registration created in respect thereof.

Purchaser of land is said to have the tile to land when the land is
registered under his name.
A person taking a lease or a charge of the land of a registered owner
is said to have interest in the land.
Legal Interest LI is interest which have been validly and formally created in
accordance with the requirements of the statute such as the creation
of a registered charge, lease or easement in accordance with
provision of NLC. Also known as registered interest. (Got remedy if
it is registered since it is recognized by law)

Once LI created, enforced against the whole world, in that it is


binding on 3rd parties who will take subject to that interest and that
in the absence of fraud, it cannot be defeated by an unregistered
interest.
Equitable Interest Interest held by virtue of an equitable title (a title that indicates a
beneficial interest in property and that gives the holder the right to
acquire formal legal title) or claimed on equitable grounds, such as
the interest held by a trust beneficiary. (Cannot claim under NLC,
thus can only claim equitable remedy, such as s.206 of NLC)

Exp: In the case of trust, this is a relationship whereby one person,


the trustee holds land for the benefit of another person(beneficiary).
Trustee here has legal interest, beneficiary has equitable interest.
It is liable to be defeated by the registrations of any interest created
in the absence of fraud.

Disposal One of the way to distribute land by the State. Refers to the granting
of certain kind of rights, whether proprietary or otherwise, by the
State in respect of any land generally and in favour of individuals or
bodies, whether private/public. (Once transferred to you the land,
you have rights to deal with the land)

Such disposal can be in form of alienation/ issue of temporary


occupation licence/ permit/ grant of lease of reserved land.
Dealings Means any transaction undertaken between individuals or bodies,
private/public, effected with respect to alienated land but does not
include any caveat or prohibitory order.

Disposal denotes transaction between State and individual/bodies.


Dealings transaction between such individuals or bodies themselves.

Restriction in interest Means any limitation imposed by the State on the powers of a
registered proprietor to deal with his land by way of a transfer or the
creation of a lease/charge/easement/tenancy or statutory lien over
his land as well as his powers to subdivide, partition or amalgamate
his land. (State has power to put a restriction on the land)

Conditions Refers to the imposition by the State of obligations relating to the


use of land for agricultural, building and industrial purposes.

Conditions may be imposed by State to regulate the use of land held


under a permit or temporary occupation license or by way of a lease
of reserved land.

Different category of lands – residential, agriculture, commercial etc

Real Estate Usually refers to immovable property such as land, buildings and
everything which is part of a piece of land or affixed to it

Personal Estate Taken to refer to movable property such as goods and chattels.

Note:
 Chargor: the one who charge the land to charge (the bank who provides the loan)
 Chargee: the one who ask for the loan, and provide his land as security (to whom the
land was charged)

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