JOINT TENANCY AND FAMILY OWNERSHIP OF LAND IN NIGERIA: THE QUAGMIRE OF THE DOCTRINE OF JUS ACCRESCENDI

Abstract

Joint tenancy over land involves the existence of an interest in land by two or more persons whereby none of them can lay sole, separate, and independent claim to the land or any part of it. Family ownership of land, on the other hand, connotes the existence of an interest in land among family members, as a corporate entity, including the living, the dead, and the unborn. However, joint tenancy goes with the doctrine of jus accrescendi, which states that whoever among the joint tenants survives the others, that person shall solely and wholly hold the land to the exclusion of the heirs of the deceased co-tenants. Thus, the doctrine of jus accrescendi is completely against the rule of family ownership of land; hence, the quagmire. Using the doctrinal method of research, this paper dwells on a brief reflection on the quagmire of the doctrine of jus accrescendi vis-à-vis family ownership of land. It was found that it would occasion tremendous hardship on family members and jeopardize good family relationships if jus accrescendi is applied against the customary family ownership of land. Based on the findings, this paper recommends that in order to prevent hardship and preserve good family relationships, the application of the doctrine should only be based on the intention of the Grantor/owner of the land from whom the land is to be inherited. It concludes that jus accrescendi, being a foreign idea, should not be allowed to override the customary or traditional family ownership of land in Nigeria.