THE THEORETICAL INSIGHTS OF ADVERSE POSSESSION AND REGISTERED LAND UNDER THE LAGOS STATE LANDS REGISTRATION LAW 2015

Abstract

This paper examines the intersection of the Lands Registration Law of Lagos State 2015 (LRL 2015) and adverse possession through the theories of indefeasibility of registered title, property rights, and unjust enrichment. The LRL 2015, particularly Sections 2, 18, 27, 30 and 32 establishes a framework ensuring certainty and conclusiveness in land registration. However, adverse possession undermines these principles, creating doctrinal inconsistencies and legal uncertainties. The theory of indefeasibility highlights how adverse possession erodes trust in the register's conclusiveness. The property rights theory critiques the transfer of ownership based on occupation, contravening statutory requirements for registration. The unjust enrichment theory exposes the inequity where adverse possessors benefit without bearing the burdens of compulsory registration imposed on registered owners by LRL 2015. The paper concludes that adverse possession contradicts the goals of the LRL 2015 and recommends its exclusion from the registration framework. Legislative reforms, strict enforcement of registration requirements, and incorporation of restitution principles are proposed to enhance equity and integrity in land governance in Lagos State.