UNDERSTANDING THE LEGAL DISPARITIES AMONG LEASES, TENANCIES AND OTHER FORMS OF OCCUPATION: THE CONVOLUTIONAL CONCEPTIONS OF TENANCY LAWS

Abstract

The need for leases, tenancies and other forms of occupation was borne out of the uneven distribution of resources, lack of adequate housing, inaccessibility of mortgage windows, limited supply of land amongst others. The history of the ‘Law of Tenancy’ started from England and was based on the doctrine of estate and contract at common law. In modern times, statutory enactments came in to correct certain anomalies in the common law rules of occupancy and they now largely form the basis of tenancies. This research aimed at analyzing the congruities among the various forms of occupation and therefore examined the conceptions of leases, tenancies and other forms of occupancy whose features sometimes overlap as a result of sharing certain similar characteristics, the commonest of which is possession. They are thus, almost always used erroneously interchangeably. Doctrinal methodology was adopted with primary and secondary sources of law, aided by international treaties, textbooks, journal articles, newspapers and online materials. This article accessed the conceptions at common law while evaluating the governing applicable statutes stating the distinctions that avail, the types of tenancies, leases and elements thereof distinguishing and juxtaposing their nature from occupancy rights under the Land Use Act,1978. The paper finally highlighted the points of departure making conclusions and recommendations towards attaining international best practices goals for a better landlord and tenant relationship law in Nigeria.