Mortgages Under the Rights of Occupancy System in Nigeria

1989 ◽  
Vol 33 (1) ◽  
pp. 19-30
Author(s):  
P. E. Oshio
Keyword(s):  
Land Use ◽  
Local Government ◽  
Urban Area ◽  
State Ownership ◽  
Property Law ◽  
Uniform State ◽  
The Subject ◽  
The Law ◽  
Ownership Of Land ◽  
Ownership Rights

The Land Use Act, 1978 (hereinafter referred to, where the context admits, as “the Act”) introduced a uniform State ownership of land otherwise known as the Rights of Occupancy System in Nigeria. Section 1 of the Act vests all land within the territory of each State in the Federation in the Governor of the State to hold upon trust for the use and common benefit of all Nigerians. Section 5 empowers the Governor in respect of land whether or not in an urban area to grant a Statutory Right of Occupancy to any person for all purposes, while Section 6 empowers the Local Government, where appropriate, in respect of land in a non-urban area to grant a Customary Right of Occupancy to any person. By Sections 34 and 36 former owners of land become deemed holders of rights of occupancy into which their former ownership rights have been transformed by operation of law.The Act continues to attract comments from learned writers as to its effect on various aspects of property law. However, it would appear that not many writers have focused particularly on the effect of the Act on the law of mortgages. This is not to say that the subject is not important, nor that the Act has not significantly affected the law and practice of mortgages. The object of this article is to fill this vacuum.

scholarly journals Jual Beli Tanah Dalam Hukum Tanah Atas Akta Perjanjian Pengikatan Jual Beli Bertingkat yang Dibuat oleh Notaris

Notaire ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 217
Author(s):  
Nailu Vina Amalia
Keyword(s):  
Land Use ◽  
Land Rights ◽  
Serial Number ◽  
Agrarian Law ◽  
Customary Land ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Land Use Rights ◽  
Legal Consequences

The deed of the purchase and sale agreement (PPJB). The deed of the sale and purchase agreement is a preliminary agreement prior to the sale and purchase of land. PPJB is used only once. If what is agreed in the PPJB has been fulfilled then the signing of the sale and purchase deed can be carried out, by signing the sale and purchase deed, the ownership of land rights has been transferred. There are still many people who think that when the PPJB is signed, there will be a transfer of land rights, even though the PPJB is not an evidence of a transfer of land rights. This thesis discusses graded PPJB or recurring PPJB made by a Notary on a plot of land based on ownership rights over land use rights of former customary land based on the quotation of the Decree of the Governor of East Java Region Serial Number I/Agr/117 XI/HM/01.G/1970 issued November 4, 1970, or uncertified land. Whether it contradicts the concept of buying and selling in agrarian law and the legal consequences of the PPAT who made the sale and purchase deed based on the graded PPJB.Keywords: Graded PPJB; Recurring PPJB: Proof of Prior Rights.Akta Perjanjian Pengikatan Jual Beli (akta PPJB). Akta PPJB merupakan perjanjian pendahuluan sebelum diadakannya jual beli tanah. Akta PPJB digunakan untuk sekali saja, namun prakteknya masih ditemukan Akta PPJB bertingkat. Masih banyak masyarakat yang menganggap apabila sudah ada akta PPJB sudah ada peralihan hak atas tanah, padahal akta PPJB bukan bukti adanya peralihan hak atas tanah. Akta Jual Beli (AJB) yang merupakan bukti adanya peralihan hak atas tanah. AJB dibuat apabila syarat-syarat yang ada dalam akta PPJB sudah terpenuhi. Dalam tesis ini membahas tentang akta PPJB bertingkat atau akta PPJB berulang yang dibuat oleh Notaris atas sebidang tanah berdasarkan Hak Milik atas tanah Hak Pakai bekas Gogolan tidak tetap berdasarkan Kutipan Surat Keputusan Gubernur Kepala Daerah Tingkat I Jawa Timur Nomor I/Agr/117/XI/HM/01.G/1970 tertanggal 4 Nopember tahun 1970 atau tanah yang belum bersertipikat apakah akta PPJB bertingkat tersebut bertentangan dengan konsep jual beli dalam hukum tanah dan akibat hukum dari Pejabat Pembuat Akta Tanah (PPAT) membuat AJB berdasarkan akta PPJB bertingkat.Kata Kunci: PPJB Bertingkat; PPJB Berulang; Bukti Hak Lama.

scholarly journals Recent Developments in Land Use Laws

1977 ◽  
Vol 6 (2) ◽  
pp. 1-6
Author(s):  
E. F. Roberts
Keyword(s):  
Land Use ◽  
Property Law ◽  
Recent Developments ◽  
Ownership Of Land

When talking about the ownership of land, one deals with property law. Property law is concerned with questions such as how you describe a boundary, what's the scope of a particular easement, and does a mechanic's lien gain priority over an unrecorded mortgage? There are rules here which haven't changed much since Blackstone wrote them down. Thus law can be a set of rules that resemble the axioms of geometry and, often enough, the image of the lawyer as pettifogging nitpicker is an apt one.

scholarly journals CONVERSION OF VILLAGE DRUWE RIGHTS BECAME PROPRIETARY RIGHTS ACCORDING TO ARTICLE II PROVISIONS ON THE CONVERSION OF AGRARIAN LAWS (UUPA)

2019 ◽  
Vol 6 (3) ◽  
Author(s):  
Nonik Latifah
Keyword(s):  
Property Rights ◽  
Spatial Planning ◽  
Land Rights ◽  
Article 9 ◽  
The Subject ◽  
Joint Ownership ◽  
The Law ◽  
Agrarian Law ◽  
Ownership Rights ◽  
The Village

ABSTRACTBali Provincial Regulation Number 3 of 2001 which has been amended by Bali Provincial Regulation number 3 of 2003 concerning Desa Pakraman article 9 paragraph (5) explicitly states that land owned by Pakraman village of Bali cannot be certified in the personal name and Decree of the Minister of Agrarian Affairs and Spatial Planning / Head of National Land Agency Number 276 / Kep-19. 2 / X / 2017 concerning the appointment of Pakraman Village in the province of Bali as the subject of communal ownership rights designates the pakraman village as the subject of joint ownership rights. This brings polemic related to the existence of the village Druwe's land rights. Then the focus of this research is whether the conversion of Druwe Village Rights Into Property Rights According to Article II Provisions for Conversion of the Basic Agrarian Law (UUPA) is in accordance with the law. How should the conversion of Druwe Desa rights to land rights according to the LoGA. as for the research methods used Normative law research (normative law research). The approach used. Statute Approach and Historical Approach. The results of this study are found. Conversion of Village Druwe Rights to Property Rights According to Article II, the Conversion Provisions for the Basic Agrarian Law (UUPA) are not in accordance with the law, because the rights of village druwe with ownership rights do not have in common or similarities either with respect to the subject of the holder of his land rights or the authority of the holder of his right, so that conversions cannot be carried out. This is reinforced by article 9 paragraph (5) of the Regional Regulation of the Province of Bali Number 3 of 2001 which has been amended by the Regional Regulation of the Province of Bali number 3 of 2003 concerning Desa Pakraman regarding land owned by the village of pakraman in Bali cannot be certified in the personal name and the Decree of the Minister of Agrarian Affairs Spatial Planning / Head of National Land Agency Number 276 / Kep-19. 2 / X / 2017 concerning the appointment of Pakraman Village in the province of Bali as the subject of communal ownership rights.

scholarly journals PERLINDUNGAN HUKUM HAK ATAS TANAH ULAYAT MASYARAKAT HUKUM ADAT DI KABUPATEN MALUKU TENGGARA.

2019 ◽  
Vol 5 (1) ◽  
pp. 133-146
Author(s):  
Cornelia Junita Welerubun
Keyword(s):  
Dispute Resolution ◽  
Legal Protection ◽  
Land Rights ◽  
Land Dispute ◽  
The Law ◽  
The Government ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
The Relationship

Unalienated land dispute resolution in a way that is custom done by indigenous chiefs to resolve the dispute relating to customs. To resolve the disputes of indigenous chiefs hold a customary or sitting often known as judicial customs. The judicial nature of the Customs mediation, there is King as a mediator in it. The important role of indigenous chiefs of in dispute resolution is needed, this is because Community law is very respectful of indigenous chiefs. Legal protection must be viewed stages namely legal protection was born from a provision of the law and the rule of law given by a society that basically is the community's agreement to regulate the relationship between the behavior members of the society and between the individuals with the Government deemed to represent the interests of the community. Legal protection is not a true picture of the work function of the law itself that its purpose is not to provide other guarantees of fairness, expediency and also legal certainty. Legal protection will be more evident in the ownership of land rights is supported by the presence of certificate of land rights, as a means of proof of land ownership rights.

scholarly journals Perjanjian Pinjam Nama sebagai Bentuk Kepemilikan Tanah oleh Warga Negara Asing di Bali

2020 ◽  
Vol 1 (2) ◽  
pp. 384-387
Author(s):  
I Komang Gede Suwanjaya ◽  
I Nyoman Sumardika ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Land Tenure ◽  
Land Ownership ◽  
Civil Code ◽  
Legal Research ◽  
The Law ◽  
The Government ◽  
Specific Regulation ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Formal Requirements

A nominee agreement is an agreement that has not been specifically regulated in the Civil Code, but grows and develops in the community. The agreement is included in a special agreement or often called an innominate agreement. Based on this background, this research was conducted with the aim of describing the arrangement of nominee agreements as a form of land ownership by citizens in Bali and the responsibilities of notaries in drafting agreement deeds for land tenure by foreign nationals in Bali. The research method used was normative legal research. Based on the results, it was revealed that there was no specific regulation regarding the nominee agreement which was regulated in the Civil Code. As long as the parties are able to carry out the agreement properly in accordance with the provisions of the law regarding the validity of the agreement and regarding land ownership rights that have been regulated in the Civil Code and the Basic Agrarian Law, the agreement is valid before the law. Furthermore, the responsibilities and duties of a notary have been regulated in the Law on Notary Position. the ownership of land by a foreigner based on a nominee agreement is an act that is prohibited or against the law. The violation of the articles referred to in Article 84 of the Notary Position Law is a guarantee of the formal requirements for making an authentic deed. The government must supervise this anonymous agreement because this agreement is legal smuggling. 

scholarly journals PENYELESAIAN SENGKETA PERJANJIAN NOMINEE TENTANG PERALIHAN HAK MILIK ATAS TANAH KEPADA WARGA NEGARA ASING (WNA) DITINJAU DARI PASAL 26 AYAT (2) UUPA

2018 ◽  
Vol 3 (2) ◽  
pp. 122-138
Author(s):  
Ni Putu Tanjung Eka Wijayani
Keyword(s):  
Land Rights ◽  
The State ◽  
Foreign National ◽  
Land Title ◽  
The Subject ◽  
The Law ◽  
One Year ◽  
The Right ◽  
Ownership Rights

The nominee agreement is an agreement made between a person who by law can not be the subject of a particular land title (in this case the Right or the Right to Build). In this case a foreign national with an Indonesian citizen, which is intended for foreigners to possess the land of ownership or the right to use the building (de facto), but legally (de jure) of the land concerned on behalf of the Indonesian citizen. In other words, Indonesian citizen borrowed its name by foreigners citizen (acting as nominee). The existence of the obscurity of the norm in Article 26 paragraph (2) concerning whether the legal act of a foreigner / foreigner in a notarial deed called a nominee deed is valid for one year and thereafter if not transferred shall fall to the state having the same meaning and intent with the provision of Article 21 paragraph (3). This is particularly important to be considered since Article 26 paragraph (2) implicitly prohibits that legal acts directly or indirectly intended to transfer land rights from Indonesian citizens to foreigners / foreigners are null and void because the law and land fall to the State . Because the phrase that states other acts intended to directly or indirectly transfer the ownership rights to a stranger in Article 26 paragraph (2) of the BAL raises various interpretations (interpretations) so that there arises doubts that lead to the escape of norms (vague van normen).

Holyoak and Torremans Intellectual Property Law

2019 ◽  
Author(s):  
Paul Torremans
Keyword(s):  
Intellectual Property ◽  
Real Life ◽  
Trade Mark ◽  
Property Law ◽  
Intellectual Property Law ◽  
Starting Point ◽  
Recent Developments ◽  
Ninth Edition ◽  
The Subject ◽  
The Law

Holyoak and Torremans Intellectual Property Law provides readers with a clear introduction to UK intellectual property law, whilst carefully placing the law in its global context and acknowledging the influence of EU and other international jurisdictions over its development. The book examines the methods and reasoning behind key statutory and case decisions, and provides readers with real-life examples of intellectual property law in action, helping to bring the subject to life. Recent developments within the law relating to biotechnology patenting, IT and internet, and trade mark, imaging, and character rights are explored, providing readers with a cutting-edge analysis of the subject. Chapter introductions and concluding overviews help to set the scene and provide a succinct summary of the topic areas, whilst lists of annotated further reading offer the perfect starting point for those who wish to explore a topic further. In this, its ninth edition, the book integrates the recent developments on the Unitary Patent; examines the reform of copyright, both EU (the fundamental cases from the CJEU) and domestic; and the recast of the Trade Mark Directive.

Tort

2013 ◽  
Author(s):  
Stephen Hedley
Keyword(s):  
Land Use ◽  
Economic Loss ◽  
Seventh Edition ◽  
The Core ◽  
Undergraduate Study ◽  
The Subject ◽  
The Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The seventh edition of Tort introduces the central principles of the subject, providing a clear and concise exposition of the law. The text provides an introduction to this key area of undergraduate study. The book starts with the question: what is tort? Chapters then consider deliberate harm and negligent harm. The book also looks at deliberate infliction of economic loss, land use and the environment, and protection of reputation. Finally the book examines parties, liability, remedies, and defences and other factors limiting damages.

scholarly journals FORMATION OF AGRICULTURAL LAND LAYOUT AS AN ALTERNATIVE OF LAND CONSOLIDATION

2020 ◽  
pp. 42-54
Author(s):  
Andriy POPOV ◽  
Serhii MOVCHAN ◽  
Serhii KOLOMIIETS ◽  
Ivan LEZHENKIN
Keyword(s):  
Land Use ◽  
Agricultural Land ◽  
Land Policy ◽  
Land Consolidation ◽  
Rational Use ◽  
Existing Problems ◽  
Legal Provisions ◽  
The Law ◽  
Ownership Of Land ◽  
Land Improvement

The lack of a national strategy (program) for land consolidation, which would be integrated into the country’s land policy, led to the adoption in 2018 of the Law of Ukraine № 2498-VIII “On Amendments to Certain Legislative Acts of Ukraine in Respect of the Issue of Collective Ownership of Land, Improvement of Agricultural Land Use Rules, Prevention of Raidership and Stimulation of Irrigation in Ukraine”. This law is designed to solve the existing problems of land use concerning the rational use of land parcels. However, the principles declared by the relevant law have not gained practical application to this day. The purpose of the article is to analyse the procedure for the formation of the agricultural land layout to ensure the rational use of land through the exchange of rights of use as an alternative to land consolidation. A detailed analysis of the Law № 2498-VIII allowed to develop an algorithm for the formation of the agricultural land layout with the purpose to exchange of land parcels and their rights of use. This has allowed approaching the solution of the set problem in a more structured and comprehensive way. It has been established that the permitted exchange of land parcels and rights of use within the agricultural land layout is not a land consolidation either in the classical or in any other sense. An analysis of the legal provisions of Law № 2498-VIII has revealed their inconsistency with the “Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security” and best international practice on land consolidation. The existing obstacles to the implementation of the legislation on improving the rules of land use in the agricultural land layout have been found out. Three key causes of their occurrence (technical, legal and organizational) have been identified.

The Unborn Child

1942 ◽  
Vol 8 (1) ◽  
pp. 76-91
Author(s):  
P. H. Winfield
Keyword(s):  
Criminal Law ◽  
Property Law ◽  
Unborn Child ◽  
Legal Research ◽  
The Subject ◽  
English Law ◽  
The Law

Some years ago the position of the unborn child in the English law of tort attracted my attention and it is chiefly in connection with that branch of the law that I wish to discuss the topic. But, as almost invariably happens in legal research, I soon found that there were other aspects of the subject which at least deserved passing notice, and at most might be useful for analogy with or distinction from the aspect in tort. It is the old tale of going out to catch a whale and landing several other fish in the process. The three other branches of the law with which I made contact were the law of property, criminal law and the law of contract. I shall touch upon these, but I have no intention of investigating them in detail. There are plenty of books which cover the topic in Property Law and Criminal Law respectively. In the law of contract there is a significant blank. The order of discussion in this article will be:—I—The law of property.II—Criminal law.III—The law of contract.IV—The law of tort.

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