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CROSS RIVER – STATE LANDS LAW

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LAWS OF CROSS RIVER STATE

STATE LANDS LAW

ARRANGEMENT OF SECTIONS

SECTION

CHAPTER S13

  1. Power to grant leases or licences for temporary occupation.
  2. Power of Commissioner.
  3. Licence to take building materials. Exceptions.

General provisions relating to leases

  1. Implied covenants.
  2. Covenants and conditions binding on person claiming under the lease.
  3. Revision of rent.
  4. Penal rent.
  5. Building on leased State lands.
  6. Restrictions on sale of lease by court.

Rent

  1. Rent.
  2. Penalty when rent in arrear.
  3. Power to sue for rent in arrear.
  4. Power to distrain for rent due.
  5. Forfeiture of lease.
  6. Debt to State not extinguished by forfeiture.
  7. Acceptance of rent not to operate as a waiver of forfeiture.

Reservations

Water

  1. Reservation of water.

Foreshore

  1. Reservation of foreshore, etc.

Minerals

  1. Reservation of minerals.

Entry for certain purposes

  1. Power of entry to erect electric lines, etc.

Resumption of land for public undertakings

  1. Resumption of lands for roads, railways, etc.

Thoroughfares

  1. Saving of public thoroughfare.

Surveys – boundary marks

  1. State land to be surveyed before sale or lease.
  2. Purchasers and lessees to maintain boundary marks.
  3. Owners and occupiers of land abutting on State lands to keep the boundaries defined.

Miscellaneous

  1. Recovery of State lands in unlawful occupation.
  2. Evidence in proceedings.
  3. Right of State to sue not barred by limitation.
  4. Suit for rent not barred by limitation.
  5. Right of way not presumed against State.
  6. Service of notices.
  7. Lessee to permit officer to enter and inspect.
  8. Penalty for unauthorised occupation of State land.
  9. Power to make regulations.
  10. Interpretation.
  11. Short title.

CHAPTER S13

STATE LANDS LAW

A Law to make further and better provision for the Management and Control of State Lands.

(1st April, 1918)

[Commencement.]

  1. Power to grant leases or licences for temporary occupation

(1)      Subject to the regulations made under this Law, the Governor may grant leases of State land to any person, in the case of a lease to a citizen of Nigeria for an indefinite term, and may grant licences for the temporary occupation of State lands.

(2)      Subject to the regulations made under this Law, the Commissioner may grant licences for the temporary occupation of State land.

  1. Power of Commissioner

The Commissioner may—

(a)      accept, on such terms and conditions (if any) as he may think proper, the surrender of any lease granted under this Law or any Ordinance repealed by the State Lands Act;

(b)      wholly or partially remit, except as otherwise prescribed, all or any of the covenants or conditions in any lease, where, owing to special circumstances, compliance therewith would be impossible or great hardship would be inflicted upon the lessee; and

(c)      extend, except as otherwise prescribed, the time to the lessee for performing the conditions contained in any lease liable to forfeiture for such period, and upon such terms and condition, as he may think fit, and the period so extended and the terms and conditions so imposed shall be deemed to be inserted in the lease, and shall be binding on the lessee.

  1. Licence to take building materials: Exceptions

(1)      It shall be lawful for the Commissioner to grant a licence to any person to enter upon any State land which is not the subject of a lease or a temporary occupation licence granted under this Law, or of a mining lease, mining right or exclusive prospecting licence granted under the Minerals and Mining Act or of a lease or licence granted under the Petroleum Act and remove or extract therefrom any stone, gravel, clay, sand or other similar substance (not being a mineral within the meaning assigned to that term in the Minerals and Mining Act) that may be required for building or for the manufacture of building materials.

(2)      A licence may be granted for such period and subject to such conditions as the Commissioner thinks fit or as may be prescribed.

(3)      A licence shall not be transferable.

(4)      The Commissioner may cancel a licence if the licensee fails to comply with any of the conditions thereof.

General provisions relating to lease

  1. Implied covenants

(1)      Implied Covenants and Conditions—

(a)      covenants by the lessor—

(i)       that he has full power to grant the lease;

(ii)      that the lessee, paying the rent and fulfilling the conditions therein contained shall quietly hold and enjoy the premises without any interruption by the lessor or any person claiming under his lease except in so far as the laws in force for the time being in Cross River State may permit;

(b)      covenants by the lessee—

(i)       that he will pay to the Principal Lands Officer or to such officer as the Commissioner may appoint on the issue of the lease rent at the rate of the rent specified in the lease for the period from the commencement of the lease to the 31st day of December next following, and that he will thereafter pay in advance without demand on the 1st day of January in each year to the Principal Lands Officer or to such other officer as the Commissioner may appoint the yearly rent specified in the lease, or if the yearly rent be revised or a penal rent be imposed in lieu of the yearly rent, such revised or penal rent as may for the time being be payable in respect of the premises;

(ii)      that he will pay all taxes, rates, charges, duties, assessments or outgoings of whatever description as may be imposed, charged or assessed upon the lands comprised in such lease or the buildings thereon or upon the lessor or lessee;

(iii)     not to assign, sublet or otherwise part with the possession of the land comprised in such lease or any part thereof, without the previous consent of the Commissioner in writing.

  1. Covenants and conditions binding on person claiming under the lease

(1)      Every covenant or condition whether expressed or implied in a lease under this Law which is binding on a lessee, shall, unless otherwise expressly provided in the lease, be binding on all persons claiming an interest in the land the subject of the lease and whose title derived through or under the lessee.

(2)      Any minor who becomes a lessee under this Law shall be in the same position with regard to his liability and obligation under or in respect of his lease as if he were of full age.

  1. Revision of rent

(1)      In every lease under this Law there shall, unless expressly excepted, be reserved by virtue of this Law to the Commissioner the right to revise and fix the rent for such periods (hereinafter referred to as the revision periods) as may be specified in the lease.

(2) (a) As nearly as conveniently may be to the commencement of each revision period the Commissioner shall revise and fix the yearly rent which shall be payable for such revision period, but so that the rent fixed shall not exceed the rent obtainable at the time of revision for similar lands of similar area and amenities similarly situate:

Provided that if for any reason the Commissioner considers it desirable to postpone the revision of the rent reserved under any lease, the Commissioner may postpone such revision for such time, irrespective of any revision period, as he shall think fit; but should the right to revise be subsequently exercised the rent then fixed shall be payable for the remainder of the current revision period.

(b)      In revising the rent no improvements made by the lessee on the land shall be taken in account.

(3)      The amount at which the rent is fixed by the Commissioner shall be notified to the lessee, who if he considers that the rent fixed is in excess of that which can properly be demanded under the terms of subsection (2) may within one month of such notification appeal to the Commissioner.

(4)      If the Commissioner and the lessee are unable to agree as to the rent to be paid the matter shall be referred to an arbitrator to be agreed upon by the Commissioner and the lessee or in the absence of such agreements to be appointed by a judge of the High Court.

(5)      The decision of the arbitrator shall be final and if the rent fixed by the arbitrator is not less than that demanded by the Commissioner the lessee shall pay the cost of the arbitration.

  1. Penal rent

(1)      When in any lease under this Law the lessee has covenanted to develop or effect improvement on the lands leased and has committed a breach of such covenant the Commissioner may at the time of such breach or at any time thereafter, and at the expiration of every year thereafter so long as the breach be not remedied, fix a penal rent which shall be payable for one year from the date it is fixed and shall be paid by the lessee in addition to and at the same time and manner as the rent reserved is payable and shall be recoverable as rent. The first penal rent shall not exceed the rent reserved in the lease and penal rents subsequently fixed shall not exceed double the penal rent payable in respect of the preceding year.

(2)      Notice of such penal rent being imposed and the amount thereof and the date from which it is payable shall be given in writing to the lessee.

(3)      The fact that a penal rent has been imposed shall not preclude the Commissioner, in lieu of fixing a subsequent penal rent, from taking or directing to be taken proceedings for the forfeiture of the lease by reason of the breach in relation to which the penal rent has been imposed, provided that such proceedings shall not be taken during the period for which a penal rent has been paid.

  1. Building on leased State lands

In the absence of special provisions to the contrary in any lease under this Law all buildings and improvements on State lands, whether erected or made by the lessee or not, shall on the determination of the lease, pass to the State without payment of compensation:

Provided, however that, in the absence of any special provision to the contrary in the lease, when land is leased for a term not exceeding thirty years the lessee shall be at liberty within three months of the termination (otherwise than by forfeiture) of such lease to remove any buildings erected by him on the land leased during the currency of such lease, unless the Commissioner shall elect to purchase such buildings. In the event of the Commissioner and the lessee not agreeing as to the purchase price of such buildings, the same shall be determined by arbitration. The lessee shall make good any damage done to the land by any such removal.

  1. Restrictions on sale of lease by court

No lease under this Law or under any Ordinance repealed by the State Lands Act which contains a covenant, whether express or implied, by the lessee not to assign without the consent of the Commissioner shall be sold by or under the orders of a court in execution of a decree or otherwise however, save to a purchaser approved in writing by the Commissioner and under terms, as to adequacy of price or otherwise, also so approved.

Rent

  1. Rent

The rent reserved or payable under any lease granted under this Law or under any Ordinance repealed by the State Lands Act shall be a debt to the State and shall be paid at the office of the Principal Lands Officer or at such other office as the Commissioner may appoint.

  1. Penalty when rent in arrear

If any such rent as aforesaid shall at any time be unpaid for a space of ninety days after the same became due, and a notice shall have been served on the person in default, there shall be payable by way of penalty a sum equivalent to five per centum of the rent due. If such rent and penalty shall be unpaid for a space exceeding one hundred and twenty days after the rent became due, and a notice shall have been served as aforesaid, there shall be payable by way of penalty a further sum equivalent to five per centum of the rent due.

  1. Power to sue for rent in arrears

The Principal Lands Officer or any person appointed by the Principal Lands Officer in that behalf may, without prejudice to the right of the State to recover rent in arrears in any other way, sue for the same, together with the penalty (if any) which may be payable under the last preceding section, and such suit may be instituted in the High Court or a magistrate’s court.

  1. Power to distrain for rent due

The Principal Lands Officer may, on behalf of the Commissioner, distrain for rent due under any lease under this Law or under any Ordinance repealed by the State Lands Act and may authorise any person to act for him in his behalf.

  1. Forfeiture of lease

If the rent reserved or payable under a lease under this Law or under any Ordinance repealed by the State Lands Act is in arrear, or if there shall be any breach of the lessee’s covenants or of the conditions of the lease whether express or implied, the Principal Lands Officer may serve a notice upon the lessee specifying the rent in arrear or the covenant or condition of which a breach has been committed, and at any time after one month from the service of the notice may commence an action in the High Court or in a magistrate’s court for the recovery of the premises, and, on proof of the facts, the court shall, subject to relief on such terms as may appear just, declare the lease forfeited, and the Principal Lands Officer may re-enter upon the premises.

  1. Debt to State not extinguished by forfeiture

No forfeiture shall operate to extinguish any debt to the State in respect of any rent or payment to be made by a lessee under a lease forfeited.

  1. Acceptance of rent not to operate as a waiver of forfeiture

The acceptance by or on behalf of the State of any rent shall not be held to operate as a waiver by the State of any forfeiture accruing by reason of the breach of any covenant or condition, express or implied, in any lease under this Law.

Reservations

Water

  1. Reservation of water

A conveyance or lease under this Law shall not, unless otherwise expressly provided therein, confer any right to the water of any spring, river, lake or stream, other than such water as may be required for domestic purposes upon the land sold or leased.

Foreshore

  1. Reservation of foreshore, etc.

A conveyance or lease under this Law shall not, unless otherwise expressly provided therein, confer any right to the foreshore, or to the banks of any navigable waterway.

Minerals

  1. Reservation of minerals

(1)      A conveyance or lease under this Law shall not confer any right to any mineral as defined in the Minerals and Mining Act or to any mineral oil.

(2)      There is hereby reserved to the State the right to enter upon any land sold or leased under this Law, and—

(a)      to search for, mine and remove any mineral as aforesaid or any mineral oil; and

(b)      except in the case of lands leased for building purposes only, to remove any stone, gravel, soil or other substance required for the construction or repair of any road, Government building or other public work.

(3)      The right reserved to the State under paragraph (a) of subsection (2) may be exercised by any person authorised by or under any Act relating to minerals or mineral oil and that under paragraph (b) of the said subsection may be exercised by any person authorised by the Commissioner.

Entry for certain purposes

  1. Power of entry to erect electric lines, etc.

Any person authorised by the Commissioner may at any time enter upon any land sold or leased under this Law and may—

(a)      set up poles on and carry electric lines across such land; and

(b)      lay sewers, drains, water pipes or electric lines therein, without paying compensation but making good all damage done.

Resumption of land for public undertakings

  1. Resumption of lands for roads, railways, etc.

(1)      When any land sold or leased under this Law exceeds two hundred acres the Commissioner may at any time enter and resume any portion of such lands for roads, railways, tramways, canals, water channels or trigonometrical stations or any other public undertaking without paying compensation for the land, but compensation shall be paid for buildings or crops destroyed or damaged:

Provided that in the event of a larger portion than four per centum of such land being resumed for any such purpose as aforesaid there shall be paid to the owner or lessee, as the case may be, compensation for the land taken in excess of such portion.

(2)      When any land sold or leased under this Law does not exceed two hundred acres the Commissioner may at any time enter and resume any portion of such lands for any of the purposes mentioned in subsection (1), paying compensation for the land taken.

(3)      Whenever land which has been leased is resumed under this section the lessee shall be entitled to a proportionate reduction in his rent.

(4)      The Commissioner may authorise any officers of the Government, their servants and agents, to exercise the powers reserved to him by this section.

(5)      Compensation payable under this section shall be computed and determined in accordance with the provisions of the Land Use Act.

(6)      The compensation to be awarded under this section shall, if not agreed upon between the parties, be determined by the lands tribunal in accordance with the provisions of the Land Use Act.

(7)      Resumption of land under this section may be effected before the compensation (if any) is paid, either by actual entry on the land resumed, or by service of notice of resumption on the owner or lessee.

Thoroughfares

  1. Saving of public thoroughfare

All public thoroughfares existing on any land sold or leased under this Law shall be deemed to be and shall be reserved and shall remain free and uninterrupted unless the same be closed or altered by the order of the Commissioner or by other competent authority.

Surveys – boundary marks

  1. State land to be surveyed before sale or lease

No State land shall be sold or leased under this Law until the same has been surveyed and demarcated by a Government or licensed surveyor and the plan thereof has been approved and signed by the Surveyor-General, or by any officer of the Survey Department acting on his behalf.

  1. Purchasers and lessees to maintain boundary marks

The owner or lessee of any State land sold, granted or leased before or after the commencement of this Law shall at all times maintain in repair to the satisfaction of the Principal Lands Officer or of such other officer as the Commissioner may appoint in this behalf all boundary marks placed or erected to denote the boundaries of the land granted, sold or leased.

  1. Owners and occupiers of land abutting on State lands to keep the boundaries defined

(1)      Every owner or occupier of land abutting on State land shall define and keep defined the boundary between the land owned or occupied by him and the adjoining State land to the satisfaction of the Principal Lands Officer, or of such other officer as the Commissioner may appoint in this behalf, and in default of his so doing the Principal Lands Officer or other as aforesaid may by notice in writing require such owner or occupier to define such boundary in such manner and within such time as may be specified in such notice.

(2)      Any owner or occupier who shall fail to comply with such requisition shall, on summary conviction, be liable to a fine of forty naira and in addition shall be ordered by the court to pay the expenses (if any) incurred by the Government in defining the boundary which he has neglected to define.

Miscellaneous

  1. Recovery of State lands in unlawful occupation

(1)      When any person without right, title or licence or whose right, title or licence has expired or been forfeited or cancelled, is in occupation of State land, the Attorney-General, or the Principal Lands Officer, or some person appointed by the Attorney-General in writing, may enter a suit in the High Court to recover possession thereof.

(2)      If on the hearing of such suit the defendant does not appear, or appears but fails to establish an absolute right or title to the possession of the land, the court shall order that the possession of the land sought to be recovered shall be given by the defendant to the plaintiff, either forthwith or on or before such day as the court shall think fit to name, and shall issue such process as may be necessary for carrying such order into effect.

  1. Evidence in proceedings

In any action, suit or proceedings against any person for or in respect of any alleged unlawful occupation, use of or trespass upon State land, the proof that the occupation or use in question was authorised, shall lie on the defendant, and in every such action, suit or proceedings and in every action by or against the Government in which title to land shall be in issue the averment that any land is State land shall be sufficient without proof of such fact, unless the defendant proves the contrary.

  1. Right of State to sue not barred by limitation

No action or other remedy by or on behalf of the State for the recovery of the possession of State land shall be barred or affected by any law of limitation.

  1. Suit for rent not barred by limitation

No law of limitation shall bar or affect any action or remedy for the recovery of any rent due under any lease granted under this Law.

  1. Right of way not presumed against State

No right of way shall be presumed or allowed to be asserted or established against the State, by reason only of user, whether such user commenced before or after the commencement of this Law.

  1. Service of notices

A notice served personally on the person to be served, or left at or sent by registered post to his last known address in Nigeria or if his address is not known, published in the State Gazette shall be deemed to be good service for the purposes of this Law.

  1. Lessee to permit officer to enter and inspect

A lessee of State land shall permit any Land Officer or Government Surveyor, or any administrative officer, to enter upon and inspect the same, and any person contravening the provisions of this section shall be liable to a fine of one hundred naira.

  1. Penalty for unauthorised occupation of State land

Any person who shall unlawfully occupy State land, in any manner whatsoever, shall be liable to a fine of one hundred naira.

  1. Power to make regulations

The Commissioner may make regulations for all or any of the purposes following—

(a)      classifying lease according to the purpose for which or the class of person to whom the same may be granted and prescribing the form of any lease;

(b)      prescribing the covenants or conditions which shall be implied in any class of lease;

(c)      prescribing the term of year for which any class of lease may be granted;

(d)      prescribing the premiums and rents to be paid and providing for the revision of rent;

(e)      prescribing the manner in which application for leases shall be made and the fees to be paid;

(f)      providing for the survey and demarcation of State land to be sold or leased, and the fees to be paid for such survey and demarcation;

(g)      prescribing the fees to be paid for any instrument issued under this Law;

(h)      providing for and regulating the sale of leases by auction;

(i)       prescribing the period for which and the conditions under which licences for the temporary occupation of State land may be issued;

(j)      providing for the care, management and protection of unoccupied State land; and

(k)      generally for carrying out and giving effect to the purposes of this Law.

  1. Interpretation

In this Law—

“State” means Cross River State;

“State land” means all public lands in the State which were on the 30th day of September, 1960, subject to the control of Her Majesty and held for a public purpose and all lands thereafter acquired by or held on behalf of the Government of Cross River State and held for any such purpose.

  1. Short title

*This Law may be cited as the State Lands Law.

CHAPTER S13

STATE LANDS LAW

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

  1. State Lands (Fees) Regulations.
  2. State Lands (Leases) Regulations.
  3. State Lands (Temporary Occupation) Regulations.
  4. State Lands (Allocation of Plots) Regulations.

STATE LANDS (FEES) REGULATIONS

(20th December, 1956)

[Commencement.]

  1. These regulations may be cited as the State Lands (Fees) Regulations.
  2. The fees set out in the Schedule hereto shall be payable in respect of the matters specified therein:

Provided that the Commissioner may, at his discretion, reduce or remit the amount of any fee.

* This Law must be construed subject to the Land Use Act, Cap. L5, Laws of the Federation of Nigeria, 2004.

SCHEDULE

  1. For the preparation of a building lease, railway site lease or occupation lease …………………… 6.00
  2. For the preparation of a deed for assignment or sub-lease under an occupation lease …………. 6.00
  3. For the preparation of any other lease for every folio of seventy-two words ……………………… 0.50
  4. For the preparation of any deed of variation, memorandum or agreement, assignment or sub-lease other than assignment or sub-lease under an occupation lease, surrender, or other document of a like nature – for every folio of seventy-two words …………………………………… 0.50

STATE LANDS (LEASES) REGULATIONS

  1. These regulations may be cited as the State Lands (Leases) Regulations.
  2. Lease of State lands shall ordinarily be of one of the several descriptions following—

(a)      “agricultural lease” issued for the purpose of cultivation, planting and farming;

(b)      “building lease” issued for the purpose of erecting buildings for residential business or any special purpose;

(c)      “railway site lease” issued in respect of land situate near a railway for the purpose of erecting warehouses to be used for the storage or manipulation of railway-borne produce;

(d)      “occupation lease” issued for residential, business or, in the case of a Nigerian, farming purposes.

Agricultural Leases

  1. An agricultural lease shall not ordinarily be issued for a term exceeding forty-five years, or for an area exceeding twelve hundred acres.
  2. No person who already holds an agricultural lease shall be granted a further agricultural lease unless two-thirds of the cultivable portion of the area held by him under his existing lease or leases is, at the time of his application for a further lease, under cultivation to the satisfaction of the Commissioner.
  3. The following special covenants on the part of the lessee and conditions shall, unless expressly varied or excepted, be implied in every agricultural lease—
  4. – Covenants

(a)      to pay such compensation as may be fixed by the Commissioner or his authorised agent for disturbance of inhabitants in their use of occupation of the land;

(b)      during the first two years of the term of the lease to expend on cultivation and clearing a sum at least equivalent to fifty kobo per acre of the total area demised;

(c)      to bring the cultivable portion of the land demised under cultivation at the rate of one-eighth of such land in each of the first eight years of the term of the lease, and thereafter to keep in cultivation the whole of the cultivable portion of the area of the lease to the satisfaction of the Commissioner.

(d)      should livestock be brought on the land demised, to erect and maintain such fences as will prevent such stock from straying off such land;

(e)      not to construct upon the land demised any dwelling-house or any permanent erection except labourers’ huts and buildings to be used for storing agricultural machinery, tools or produce or for other purposes directly connected with the carrying on of cultivation, planting or farming or the housing of livestock;

(f)      not to plant or erect any building within thirty-three feet of the centre of any main road.

  1. – Conditions

(a)      If any question shall arise as to whether any portion of the land demised is cultivable, the decision of the Commissioner thereon shall be final;

(b)      all rights of inhabitants in respect of water, sacred trees and groves, on the land demised are reserved;

(c)      the formation of labourers’ camps shall be subject to the following conditions—

(i)       that the persons living therein remain entirely under the Government and Local Government and that officers of the Government and Local Government shall at all times have the right of access to such camps;

(ii)      that the camp is kept in a thoroughly sanitary state;

(iii)     that no fees or rentals are charged to the labourers for their houses;

(d)      when inhabitants are at the date of the lease occupying any part of the land demised, the compensation to be paid to them by the lessee for improvements and disturbance will be assessed by the Commissioner or his authorised agent, as soon as conveniently may be after the date of the lease, and any such inhabitant shall have the option either—

(i)       to vacate immediately the land and receive the compensation assessed; or

(ii)      to remain on the land until the lessee requires them to vacate or they desire to vacate the land and on vacating the land to receive from the lessee the compensation assessed as aforesaid:

Provided that if the lessee permits persons, whether in occupation of the land at the date of the lease or allowed by the lessee subsequently to occupy any part of the land, to make improvements upon the land after the date of the lease, the lessee shall be liable to pay compensation for such improvements upon requiring the persons to vacate the land.

  1. An agricultural lease may be in the Form A in the Schedule.

Building Lease

  1. No building lease shall be granted for a term exceeding ninety-nine years.
  2. The following special covenants on the part of the lessee shall, unless expressly varied or excepted, be implied in every building lease—

(a)      within the time stated in the lease to erect and complete on the land demised buildings or other works of the nature and of a value not less than that stated in the lease to the satisfaction of the Controller of Works Services or of such other officer as the Commissioner may appoint in that behalf;

(b)      not to use or permit the use of the land demised for any purpose other than that specified in the lease;

(c)      to clear and keep clear the land demised of stagnant water, growth of long grass, rank weeds and bush, and accumulation and deposit of rubbish and unwholesome matter; and to keep the same in all respects in a clean and sanitary condition, and for such purposes to do and execute all such acts and works as the Commissioner or any officer appointed by the Commissioner in that behalf may reasonably require.

  1. A building lease may be in the Form B in the Schedule.

Railway Site Lease

  1. No railway site lease shall be granted for a term exceeding ninety-nine years.
  2. The following special covenants on the part of the lessee and conditions shall, unless expressly varied or excepted, be implied in every railway site lease—
  3. – Covenants

(a)      within the time stated in the lease to erect and complete upon the land demised to the satisfaction of the Commissioner (or of any officer appointed by the Commissioner in that behalf) a warehouse together with its appurtenances which shall include a suitable platform of a width of not less than eight feet and built up to truck floor level (or other specified level) on that side of the land which abuts on the railway siding. The said warehouse and all its appurtenances to be in accordance with specifications and plans including a site (or block) plan showing the exact location proposed for the warehouse and appurtenances on the land demised and also the proposed system of drainage for dealing with surface water all of which must have received the approval in writing of the Chief Engineer of the Railway Corporation (or any other officer appointed by the Commissioner in that behalf) before construction is commenced;

(b)      that he will use and permit the land demised to be used for warehouse or factory purposes which require railway access and facilities and that he will not use or permit the said land or any building erected thereon to be used as a place of residence except for a caretaker or watchman or as a place of business except as described in the first part of this covenant:

Provided always that in such cases where there is no other trading in merchandise subject to the following conditions—

(i)       wines, spirits or beer are not to be sold on retail;

(ii)      kerosene, petrol, dangerous or inflammable goods are not to be stored or sold;

(iii)     access to the store is to be other than over railway lines;

(iv)     the right to use the land demised for trading in merchandise may, without in any way derogating from the right to determine the lease by virtue of any condition therein contained or implied, be withdrawn at any time by notice in writing by the General Manager of the Railway Corporation to the effect that such trading is contrary to efficient or safe working of the railway in the locality;

(v)      the lessee shall not be entitled to claim compensation for any disturbance or improvements made by him for the purpose of carrying on trading under this proviso;

(c)      at all times during the term of the lease to use the land demised so as to facilitate the discharge and loading of railway-borne goods;

(d)      to clear and keep clear the land demised of stagnant water, growth of long grass, rank weeds and bush, and accumulation and deposit of rubbish and unwholesome matter; and to keep the same in all respects in a clean and sanitary condition, and for such purposes to do and execute all such acts and works as the General Manager of the Railway Corporation or any officer appointed by the Commissioner in that behalf may reasonably require.

  1. – Conditions

(a)      If during the term of the lease it shall appear to the Commissioner that the land demised or any part thereof is required for any public purpose or if the railway system of dealing with traffic is so altered that in the opinion of the Commissioner it is desirable that the land demised be resumed by the Government, the Commissioner may give notice in writing to the lessee of his intention to resume the land, and on the expiration of six months from the date of such notice the lease shall forthwith determine, and the Commissioner shall repay to the lessee the proportion of the annual rent paid in respect of the unexpired portion (if any) of the then current year of the term, and, if the lease is determined before the date on which the rent may be first revised, a proportionate part of the premiums (if any) paid for the lease;

(b)      the lessee shall be entitled to be paid the value of any buildings on the land (such value if not agreed upon, to be determined by arbitration), but shall not be entitled to compensation for disturbance or for any claim arising therefrom.

  1. A railway site lease may be in the Form C in the Schedule.

Occupation Lease

  1. An occupation lease may be granted to a Nigerian for any term or for an indefinite term and to a non-Nigerian for a term not exceeding ninety-nine years.
  2. A non-European occupation lease may be granted for residential, business or farming purposes or for all of such purposes:

Provided that such a lease shall not be granted for farming purposes to a non-Nigerian.

  1. The following special covenant on the part of the lessee and conditions shall, unless expressly varied or excepted, be implied in every non-European occupation lease:

Provided that condition B (a) shall not be implied in a lease to a non-Nigerian—

  1. – Covenants

(a)      when the lease is granted for residential or business purposes, the covenant (a) implied in a building lease by virtue of sub-regulation (1) of regulation 8;

(b)      not to use or permit the land demised to be used for any purpose other than that specified in the lease.

  1. – Conditions

(a)      whenever a lease shall be forfeited by reason of any breach of the covenants or conditions of the lease, the Commissioner shall cause the unexhausted improvements effected on the land by the lessee to be valued and shall pay to the lessee the value of such improvements after deducting any moneys which may be due from the lessee to the Government;

(b)      except as provided by section 16 of the State Lands Law, the Commissioner shall not during the term of the lease recover possession of the land demised otherwise than by voluntary surrender by the lessee, or by proceedings under the Public Lands Acquisition Law.

  1. An occupation lease may be in the Form D in the Schedule.

[Form of lease. Form D. Schedule.]

SCHEDULE

FORM A

Agricultural Lease

  1. This Indenture made this ……………………………… day of ………………………………… 20 ……………….. between ……………………………………………………………………………, Governor for and on behalf of the Government of Cross River State of Nigeria (who and whose successors in office are hereinafter designated and included in the term “the Governor”) of the one part, and …………………………………. (who and whose ………………………………………………………………………….. and assigns are hereinafter designated and included in the term “the lessee”) of the other part witnesseth that the Governor in pursuance of the powers conferred upon him by the State Lands Law, doth hereby demise unto the lessee all that parcel of land situate at ……………………….. ,more particularly marked and delineated in the plan set out in these presents and coloured ……….. ………………………… for the term of ……………………………………………………………………years from the …………………………………….day of ………. 20 ………………………………. , subject to the provisions of the aforesaid Law and to the covenants and conditions implied by virtue of the said Law and of the regulations for the time being in force under the said Law (and to the special covenants and conditions hereinafter contained).

Rent……………………………………………………………………………………………………………….. per annum.

Revision periods……………………………………………………………………………….

  1. The lessee covenants with the Governor as follows—

(a)…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

  1. Provided always that it is hereby agreed as follows—

(b)……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

In witness whereof the parties hereto have set their hands and seals this …………………………………….. day of …………………………………………………………., 20 …………………….

Signed, sealed and delivered by the said ………………………………………………………………………………………..

in the presence of…………………………………………………………………………………..

Signed, sealed and delivered by the said ………………………………………………………………………………………..

in the presence of ……………………………………………………………………………………………………………………….

FORM B

Building Lease

  1. This Indenture made this ……………………………… day of ………………………………… 20 ……………….between ……………………………………………………………………………, Governor for and on behalf of the Government of Cross River State of Nigeria (who and whose successors in office are hereinafter designated and included in the term “the Governor”) of the one part, and …………………………………. (who and whose ………………………………………………………………………….. and assigns are hereinafter designated and included in the term “the lessee”) of the other part witnesseth that the Governor in pursuance of the powers conferred upon him by the State Lands Law, doth hereby demise unto the lessee all that parcel of land situate at ………………………………………………………………………………….., more particularly marked and delineated in the plan set out on these presents and coloured …………. for the term of …………………….. years from the …………………… day of ……………………………………, 20 ……………….., subject to the provisions of the aforesaid Law and to the covenants and conditions implied by virtue of the said Law and of the regulations for the time being in force under the said Law (and to the special covenants and conditions hereinafter contained).

Rent ……………………………………………………………………………………………. per annum.

Revision periods………………………………………………………………………………………..

Description and value of Buildings to the erected……………………………………………..

Time within which such Buildings are to be erected …………………………………………..

Purposes for which the Land demised may be used ………………………………………..

  1. The lessee covenants with the Governor as follows—

(a) ……………………………………………………………………………………………………..

…………………………………………………………………………………………………………….

  1. Provided always that it is hereby agreed as follows—

(b) ………………………………………………………………………………………………….

…………………………………………………………………………………………………………….

In witness whereof the parties hereto have set their hands and seals this …………………………………….. day

of …………………………………………………………., 20 …………………….

Signed, sealed and delivered by the said ………………………………………………………………………………………..in the presence of ……………………………………………………………………………………………………………………….Signed, sealed and delivered by the said ………………………………………………………………………………………..in the presence of …………………………………………………………………………………………………………….

FORM C

Railway Site Lease

  1. This Indenture made this ……………………………… day of ………………………………… 20 ……………….. between ……………………………………………………………………………, Governor for and on behalf of the Government of Cross River State of Nigeria (who and whose successors in office are hereinafter designated and included in the term “the Governor”) of the one part, and …………………………………. (who and whose ………………………………………………………………………….. and assigns are hereinafter designated and included in the term “the lessee”) of the other part witnesseth that the Governor in pursuance of the powers conferred upon him by the State Lands Law, doth hereby demise unto the lessee all that parcel of land situate at …………………………………………………………………………………..,

FORM C—(continued)

Railway Site Lease more particularly marked and delineated in the plan set out on these presents and coloured …………. for the term of …………………….. years from the …………………… day of ……………………………………,20 ……………….., subject to the provisions of the aforesaid Law and to the covenants and conditions implied by virtue of the said Law and of the regulations for the time being in force under the said Law (and to the special covenants and conditions hereinafter contained).

Rent…………………………………………………………………………………. per annum.

Revision periods………………………………………………………………………………………

Time within which the warehouse to be erected on the Land is to be completed …………………………

  1. The lessee covenants with the Governor as follows—

(a) ………………………………………………………………………………………………….

…………………………………………………………………………………………………………….

  1. Provided always that it is hereby agreed as follows—

(b) ……………………………………………………………………………………………………

…………………………………………………………………………………………………………….

In witness whereof the parties hereto have set their hands and seals this …………………………………….. day of …………………………………………………………., 20 …………………….

Signed, sealed and delivered by the said ………………………………………………………………………………………..in the presence of ……………………………………………………………………………………………………………………….

Signed, sealed and delivered by the said ………………………………………………………………………………………..in the presence of …………………………………………………………………………………………………………….

FORM D

Non-Nigerian Occupation Lease

  1. This Indenture made this ……………………………… day of ………………………………… 20 ……………….. between………………………………………………………………, Governor for and on behalf of the Government of Cross River State of Nigeria (who and whose successors in office are hereinafter designated and included in the term “the Governor”) of the one part, and …………………………………. (who and whose ………………………………………………………………………….. and assigns are hereinafter designated and included in the term “the lessee”) of the other part witnesseth that the Governor in pursuance of the powers conferred upon him by the State Lands Law, doth hereby demise unto the lessee all that parcel of land situate at ………………………………………………………………………………….., more particularly marked and delineated in the plan set out on these presents and coloured …………. for the term of …………………….. years from the …………………… day of ……………………………………, 20 ……………….., subject to the provisions of the aforesaid Law and to the covenants and conditions implied by virtue of the said Law and of the regulations for the time being in force under the said Law (and to the special covenants and conditions hereinafter contained).

Rent ……………………………………………………………………………. per annum. Revision periods…………………………………………………………………………..

Nature and value of Buildings to the erected ………………………………………………………………………….

Time within which such Buildings are to be erected ……………………………………………………………….

Purposes for which the Land demised may be used …………………………………………………………………

FORM D—(continued)

Non-Nigerian Occupation Lease

  1. The lessee covenants with the Governor as follows—

(a)…………………………………………………………………………………………………………………………………………………………………………………………

  1. Provided always that it is hereby agreed as follows—

(b) ………………………………………………………………………………………………………

…………………………………………………………………………………………………………….

In witness whereof the parties hereto have set their hands and seals this …………………………………….. day

of …………………………………………………………., 20 …………………….

Signed, sealed and delivered by the said ………………………………………………………………………………………..

in the presence of …………………………………………………………………………………………………………….

Signed, sealed and delivered by the said ………………………………………………………………………………………..

in the presence of……………………………………………………………………………………………………..

STATE LANDS (TEMPORARY OCCUPATION) REGULATIONS

( )

[Commencement.]

  1. These regulations may be cited as the State Lands (Temporary Occupation) Regulations.
  2. Licences for the temporary occupation of State Lands in the State may be issued by the Principal Lands Officer for a period not exceeding twelve months.
  3. All such licences shall expire on the date mentioned therein, unless surrendered or sooner determined under regulation 5.
  4. The sum payable for the issue of any such licence and the use to which the land is to be put or the persons to whom licences are issuable shall be determined by the Principal Lands Officer.
  5. Every such licence shall be subject to the following conditions—

(a)      neither the licence nor any of the rights conferred by it shall be transferred or assigned to any other person; nor shall the land the subject of the licence or any part of it be sublet;

(b)      the buildings standing in the said area shall be kept in repair to the satisfaction of the Principal Lands Officer or other officer authorised in that behalf by the Principal Lands Officer and the provisions of section 11 of the Law shall apply to such buildings as though such licence were a lease under the Law;

(c)      the Principal Lands Officer may at any time post on the said area a notice to the occupier to quit the whole or part of the said area on or before such date as may be specified therein, (as the case may be) on or before that date, and no refund or compensation shall be payable to the occupier by the Government in respect of the unexpired period of the licence unless such notice shall have been served owing to the land being required for Government use (as to which the certificate of the Principal Lands Officer shall be final), in which case a refund shall be made in respect of any complete month of such unexpired period; and in the event of the notice to quit applying to a part only of the said area, such refund shall bear a like proportion to the whole sum paid in respect of the months for which it is made, as the area of the said part bears to the whole area.

  1. A licence for the temporary occupation of State lands shall be in the form in the Schedule or to the like effect.

SCHEDULE

Licence for the Temporary Occupation of State Lands

No………………………………………………………………………………………………………………..

Office in consideration of the payment of ₦ …………………………………………………. is permitted to occupy

the State land at ……………………………………………………………………………………………… containing an area

of ……………………………………………………………………………………… square yards or thereabouts, and (here insert description by referring to plan, if such exists, or if no plan, by giving an identifying description).

This licence expires on the * …………………………………………………………………….., 20 ………………………….

Provided that the Principal Lands Officer or other authorised officer may post on the said area a notice to the occupier to quit the whole or any part of the said area from any date specified in the notice and thereupon this licence expires upon the date so specified in respect of the whole area or such part, as the case may be.

In such case no refund is payable unless the area is required for Government use.

Neither this licence nor any of the rights conferred by it shall be transferred to any other person; nor shall the land hereinabove described or any part of it be sublet.

Dated this ……………………….. day of ……………………………………………………………………. , 20 ……………….

………………………………………………………………………

Issuing Officer

THE STATE LANDS (ALLOCATION OF PLOTS) REGULATIONS

  1. For the purposes of allocation, all plots in State owned layouts shall be classified as—

(a)      Residential;

(b)      Residential cum Commercial;

(c)      Commercial;

(d)      Industrial; and

(e)      Social or Religious.

  1. Vacant plots available for allocation shall be advertised in the Official Gazette and in the more widely read newspapers, and a time limit of ninety days shall in every case be set within which applications for plots must be received. Any application which arrives after the expiry of the time limit shall not be considered.
  2. (1) Applicants for plots shall complete Land Form 1 (as shown in the Schedule hereto) in quadruplicate and shall submit the same in the manner hereafter following—

(a)      two copies shall be sent to the Land Officer in charge of the area concerned; and

(b)      two copies shall be sent to the Permanent Secretary.

(2)      The Land Officer shall, after interrogating the applicant, send one copy of the application with his recommendations to the Permanent Secretary through the Chief Land Officer and shall retain the other copy for record purposes.

(3)      The Permanent Secretary shall retain one of the copies sent direct to him by the applicant and shall use this copy to compile a master list of applicant. The other copy will be forwarded to the Commissioner of Internal Revenue.

  1. An application for a plot shall be accompanied by a non-refundable fee of twenty naira made payable to the Permanent Secretary.
  2. The following eligibility tests shall apply to all applications for plots—

(a)      an applicant shall be required to produce satisfactory evidence showing that he had paid his income tax during the three financial years immediately preceding the date of his application and the amount paid in each year;

(b)      an applicant must be able to satisfy the prescribed authority that he has or can raise the capital necessary for the proper development of the plot;

(c)      in the allocation of plots priority may be given to persons who at the time of application have no plots on State lands.

  1. An application for an industrial plot shall be submitted in the manner prescribed in paragraph (1) of regulation 5. In addition, the following provisions shall apply—

(a)      an industrial plot shall only be allocated to a bona fide industrial concern. The allocation shall be made in the name of the company or individuals concerned in the undertaking and shall be made solely for the specific purposes stated in the application;

(b)      it shall be a condition of the lease that it will automatically determine and revert to the State as soon as the user of the plot is altered;

(c)      an applicant for a plot must show proof of ability to carry out the stated industrial development of the plot;

(d)      no application shall be approved unless it is recommended by the Ministry of Trade, Industry and Co-operatives, and all applicants should in their interest complete the special forms prescribed by the Ministry of Trade, Industry and Cooperatives.

  1. (1) All applications for plots shall be considered by a body of persons in these regulations referred to as the prescribed authority, who shall forward their recommendation to the Governor for approval.

The date must not be more than one year later than the date of issue.

(2)      The prescribed authority shall be appointed ad hoc by the Governor whenever plots in any layout are advertised for allocation.

  1. Nothing in these regulations shall prevent the Governor acting in his discretion from allocating any vacant plot notwithstanding that any of the provisions of these regulations shall not have been complied with if in his opinion it is fit and proper so to do.
  2. Interpretation

In these regulations—

“Chief Land Officer” means the Chief Land Officer in the Ministry of Lands, Survey and

Town Planning;

“Permanent Secretary” means the Permanent Secretary, Ministry of Lands, Survey and

Town Planning;

“prescribed authority” means the body charged with the allocation of plots on State land.

  1. Citation

These regulations may be cited as the State Lands (Allocation of Plots) Regulations.

 

SCHEDULE

Application for a Lease under the State Lands Law

LAND 1

  1. Applicant’s name (in full) ……………………………………………………………………………………………………
  2. Postal address …………………………………………………………………………………………………………….
  3. Occupations and Status ……………………………………………………………………………………………………….
  4. Nationality …………………………………………………………………………………………………………….
  5. If a Company or other organisation, state whether registered in Nigeria as a Limited Company or Partnership or under the Land (Perpetual Succession) Act ……………………………………………………….

(a) Registration No. ……………………………….. Years……………………………………..

(b) The full names and address of all the Partners/Directors in the business ………………………………………………………………………………………………………….

  1. Particulars of plots held by applicant or his wife by direct allocation or assignment and those of companies in which he or his wife is sole or major shareholder …………………………………………………………………………………………………………………………………………………………………………………………..
Direct Allocation Assignment
Cross River State …………………………. ………………………………………….
Other places in the Republic ……………….. ……………………………………….. ……………………………………..

 

.SCHEDULE—(continued)

  1. Tax paid on individual incomes during the last three years ………………………….

(a) Tax Receipt No. …………………………… (b) Date …………………………….

(c) Station of issue …………………………………………………………………………..

  1. Length of term asked for………………………………………………………………
  2. Specific purpose for which the land is required, e.g. residence, commercial, industrial, trading, agriculture, petrol station, secondary school, church, etc. ………………………………………………………..
  3. (a) Estimated cost of development……………………………………………………….

(b) Time to start buildings ………………………………………………………………………………………………..

  1. I enclose hereby ₦20 (state mode of payment – e.g. Postal Order, Money Order, etc.) ………………..
  2. I hereby declare that this form contains a true and complete statement in answer to the questions listed above. I further declare that the particulars given by me in the form are true and complete.

……………………………………………………………..

Signature of Applicant

Date ………………………………………………………………………………. , 20…………….

Note.— (1) Two copies of this form should be submitted to the Land Officer in charge of the area in which the land is situated. Two further copies together with the fee of ₦20 should be forwarded direct to the Permanent Secretary, Ministry of Lands, Survey and Town Planning, Calabar.

(2)      Applicants for INDUSTRIAL PLOTS should, in addition, complete another batch of forms obtainable from the Ministry of Trade and Investments.

 

Law Nigeria Admin
Law Nigeria Admin

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