Section 92
Indefeasibility of final title, and rights of dealing, etc.
of National Land Code (Revised - 2020)
(1)
The alienation of State land to any person or body under final title shall confer on that person or body a title to the land which shall be indefeasible as provided in Part Twenty.
(2)
The rights exercisable by any person or body to whom
State land has been alienated under final title shall include the following:
(a)
the right (subject to the provisions of this Act and to any restriction in interest to which the land is for the time being subject) to subdivide or partition the land, or amalgamate it with other land, in accordance with the provisions of Chapters 1 to 3 of Part Nine;
(b)
the right (subject as aforesaid) to subdivide any building thereon in accordance with the provisions of Chapter 4
of Part Nine;
(c)
the right (subject as aforesaid) to effect transfers, leases, charges, surrenders, and any other dealings permitted under Division IV; and
(d)
the right (subject as aforesaid, and subject also to the provisions of his personal law and of any other law for the time being in force relating to the disposition or devolution of property on death) to dispose of the land, or any undivided share therein, by will.
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Part Five (A)—DISPOSAL OF UNDERGROUND LAND
Interpretation 92a. In this Part, unless the context otherwise requires—
“adjoining underground land” means underground land adjoining a stratum above, below, and on the sides of, the stratum;
“stratum” means a cubic layer of underground land; and
“underground land” means land which lies below the surface of the earth.
Specification of rights in respect of underground land upon alienation 92b. (1) Upon the alienation of any State land under this Act, the State Authority may—
(a)
specify the depth up to which the underground land directly and immediately below the alienated land may be used, and different depths may be specified in respect of different parts of such underground land:
Provided that where any regulations made under this
Part provide for the minimum depths to be specified under this paragraph, the depth so specified shall not be less than the minimum depth so provided for the class, description or location of land to which the alienated land belongs;
(b)
specify or describe the use or uses to which such underground land may be put, and different uses may be specified or described for different parts thereof;
(c)
specify the conditions subject to which such underground land may be put to such use or uses, including conditions for the provision of protection and support to all adjoining underground land, and for the provision of access at one or more places, as the State Authority may specify, from all parts of the underground land to the surface 113
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of the land or otherwise as may be proposed by the applicant and approved by the State Authority, where, in the opinion of the State Authority, the nature of the use of the underground land requires such access;
(d)
specify such conditions as the State Authority may deem fit with regard to any works to be carried out for the construction of any structures within the underground land, including—
(i)
conditions to provide for the protection of the rights of the State Authority under subsection 45(2), under section 58 and under any written law relating to mining or forests; and
(ii)
conditions to provide for the removal, relocation or re-laying of any drain, sewer, pipe, cable or wire, together with all necessary supports and any works ancillary thereto, at the expense of the proprietor; or
(e)
specify any other conditions whatsoever which the State
Authority may deem fit.
(2)
The matters specified by the State Authority under subsection (1) shall be endorsed on the document of title to the alienated land, and shall, for all purposes under this Act, operate as express conditions, and the provisions of this Act relating to express conditions shall accordingly apply thereto.
(3)
The nature of any use to be specified or described under paragraph (1)(b) may be—
(a)
such use as is reasonably necessary to the lawful use and enjoyment of the surface of the alienated land;
(b)
use which is independent of and unrelated to any lawful use to which the surface of the alienated land may at any time be put, or any category of land use, or any express conditions, to which the alienated land is subject; or
(c)
partly a use to which paragraph (a) applies and partly a use to which paragraph (b) applies.
(4)
For the avoidance of doubt, it is declared that the underground land below any depth specified under paragraph (1)(a) shall remain vested in the State Authority as State land.
Alienation of underground State land 92c. (1) The State Authority may alienate under this Act a stratum of underground land below any State land, including any underground land which is State land by virtue of subsection 92b(4)—
(a)
extending from such depth below the surface of such State land to such further depth below such surface; and
(b)
subject to paragraph (a), of such cubic dimensions, and having such boundaries, as may be specified in the document of title, which shall be a final document of Registry title.
(1a)
For the purpose of subsection (1), the Registrar may register and issue document of qualified title first before its continuation into final title where it appears just and expedient.
(2)
Upon the alienation of any underground land under this section, the State Authority may—
(a)
specify or describe the use or uses to which the underground may be put, and different uses may be specified or described for different parts thereof;
(b)
specify the conditions subject to which the underground land may be put to such use or uses, including conditions for the provision of protection and support to all adjoining land and all adjoining underground land, and for the provision of access at one or more places, as the
State Authority may specify, from all parts of the
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underground land to the surface of the State land, or otherwise as may be proposed by the applicant and approved by the State Authority, where, in the opinion of the State Authority, the nature of the use of the underground land requires such access;
(c)
specify such conditions as the State Authority may deem fit with regard to any works to be carried out for the construction of any structures within the underground land, including—
(i)
conditions to provide for the protection of the rights of the State Authority under subsection 45(2), under section 58 and under any written law relating to mining or forests; and
(ii)
conditions to provide for the removal, relocation or re-laying of any drain, sewer, pipe, cable or wire, together with all necessary supports and any works ancillary thereto, at the expense of the proprietor; or
(d)
specify any other conditions whatsoever which the State
Authority may deem fit.
(3)
The matters specified by the State Authority under subsection (2) shall be endorsed on the document of title to the underground land, and shall, for all purposes under this Act, operate as express conditions, and the provisions of this
Act relating to express conditions shall accordingly apply thereto.
(4)
The nature of any use to be specified or described under paragraph (2)(a) may be independent of and unrelated to the use to which the surface of the State land below which the alienated underground land lies is being put or may at any time be put while it is State land or after it ceases to be State land and assumes any other status or description under this Act or under any other written law.
(5)
For the avoidance of doubt, it is declared that the underground land below or above any underground land alienated under subsection (1) shall, unless earlier disposed of under this Act, remain vested in the State Authority as State land.
(6)
The provisions of this Act relating to alienation of land shall apply mutatis mutandis to the alienation of underground land under this section, subject to such modifications as the Minister, with the approval of the National Land Council, may, by order notified in the Gazette of the Federation, make thereto in order to facilitate their application to underground land or to remove any difficulty, and, in particular, he may make modifications to the provisions relating to survey of boundaries, categories of land use, and forms of title.
(7)
In this section, “modifications” includes amendments, additions, deletions, substitutions, adaptations, and non-application of any provision.
Application for independent use or alienation of underground land below alienated land 92d. (1) Where any alienated land is subject to paragraph 44(1)(a)
in so far as that paragraph applies to land below the surface of such alienated land, the proprietor of the alienated land may apply to the State Authority in writing for the whole or a part of the underground land directly and immediately below the alienated land—
(a)
to be used for a purpose which is independent of and unrelated to any lawful use to which the surface of the alienated land is being put or may at any time be put; or
(b)
to be alienated to him under section 92c as if he had surrendered all his rights in respect of it under paragraph 44(1)(a) and it were, consequently, State land, but only below such depth and up to such depth as he may specify in his application:
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Provided that the State Authority shall not entertain any such application unless rent payable in respect of the land has been paid and it is satisfied with respect to every person or body having a registered interest in the land, or in occupation of any part thereof under any tenancy exempt from registration, either that they have consented thereto or that their consent ought in the circumstances of the case be dispensed with.
(2)
The alienation of underground land on an application under paragraph (1)(b) shall be dealt with as an alienation of underground land under section 92c and the approval of the application together with the depth of the alienated land of the proprietor shall be endorsed on the document of title to the alienated land and the depth, which may also include reference to the plan issued by the Director of Survey and Mapping shall, for the purpose of this Act, operate as express conditions, and the provisions of this Act relating to the express conditions shall accordingly apply.
(3)
An application under paragraph (1)(a) shall set out—
(a)
in detail and with clarity the use or uses to which the underground land is to be put, and different uses may be set out for different parts thereof;
(b)
the depth, other dimensions, and boundaries of the stratum of underground land proposed to be put to such use or uses; and
(c)
detailed plans of the construction and other works which will be undertaken for the proposed use or uses of the underground land.
(4)
The State Authority may approve an application under paragraph (1)(a) either in accordance with the terms of the application and the proposals set out therein or with such modifications thereof as the State Authority may deem fit, and such modifications may include modifications with regard to any or all of the matters referred to in subsection (3).
(5)
Where an application under paragraph (1)(a) is approved under subsection (4), whether with or without modifications, the approval shall be subject to—
(a)
the payment of a further premium in respect of the alienated land calculated on the basis of the extent of the enhancement in the value of the alienated land that the approved use of the underground land will result in, such premium and enhancement in value to be determined by the State Authority;
(b)
such conditions as the State Authority may impose for the provision of protection and support to all or any land adjoining the alienated land in respect of which the approval is granted and to all adjoining underground land in relation to the underground land which is the subject of the approval, and for the provisions of access at one or more places, as the State Authority may specify, from all parts of the underground land to the surface of the alienated land, or otherwise as may be proposed by the applicant and approved by the State
Authority, where, in the opinion of the State Authority, the nature of the use of the underground land requires such access;
(c)
such conditions as the State Authority may impose with regard to any works to be carried out for the construction of any structures within the underground land, including—
(i)
conditions to provide for the protection of the rights of the State Authority under subsection 45(2), under section 58 and under any written law relating to mining or forests; and
(ii)
conditions to provide for the removal, relocation or re-laying of any drain, sewer, pipe, cable or wire, together with all necessary supports and any works ancillary thereto, at the expense of the proprietor;
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(d)
where the application under paragraph (1)(a) is approved only in respect of a portion of the underground land below the alienated land, the condition that the remaining portion of the underground land below the alienated land shall be capable of being used under paragraph 44(1)(a)
only to such depth as the State Authority may specify in the approval;
(e)
the reservation of a new increased rent for the alienated land; and
(f)
any other conditions whatsoever which the State Authority may deem fit.
(6)
Upon payment of the further premium, and the satisfaction of any other terms which may be required by the State Authority to be satisfied prior to the grant of the approval of the application, and upon acceptance in writing by the proprietor of all the matters and conditions under subsection (5) subject to which the application is approved, the State Authority shall endorse the approval and the conditions to which it is subject upon the document of title to the land, and the conditions under paragraphs (5)(b), (c) and (d) shall, for all purposes under this
Act, operate as express conditions, and the provisions of this Act relating to express conditions shall accordingly apply thereto.
(6a)
The conditions as endorsed on the document of title referred to in subsection (6) may also include reference to the plan issued by the Director of Survey and Mapping.
(7)
Upon the endorsement of the approval on the document of title under subsection (6), the underground land below the alienated land—
(i)
which is below the depth specified in respect of the underground land for which the approval is granted; and
(ii)
which is below the depth specified in respect of the remaining underground land under paragraph (5)(d), shall remain vested in the State Authority as State land.
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Specification of rights in respect of underground land upon the grant of a lease of reserved land 92e. (1) Upon granting any lease of reserved land under subsection 63(1), the State Authority may—
(a)
specify the depth up to which the underground land directly and immediately below the reserved land may be used, and different depths may be specified in respect of different parts of such underground land:
Provided that where any regulations made under this
Part provide for the minimum depths to be specified under this paragraph, the depth so specified shall not be less than the minimum depth so provided for the class, description or location of land to which the reserved land belongs;
(b)
specify or describe the use or uses to which such underground land may be put, and different uses may be specified or described for different parts thereof;
(c)
specify the conditions subject to which such underground land may be put to such use or uses, including conditions for the provision of protection and support to all adjoining underground land, and for the provision of access at one or more places, as the State Authority may specify, from all parts of the underground land to the surface of the reserved land, or otherwise as may be proposed by the applicant and approved by the State Authority, where, in the opinion of the State Authority, the nature of the use of the underground land requires such access;
(d)
specify such conditions as the State Authority may deem fit with regard to any works to be carried out for the construction of any structures within the underground land, including—
(i)
conditions to provide for the protection of the rights of the State Authority under subsection 45(2), under section 58 and under any written law relating to mining or forests; and 121
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(ii)
conditions to provide for the removal, relocation or re-laying of any drain, sewer, pipe, cable or wire, together with all necessary supports and any works ancillary thereto, at the expense of the proprietor; or
(e)
specify any other conditions whatsoever which the State
Authority may deem fit.
(2)
The nature of any use to be specified or described under paragraph (1)(b) may be—
(a)
such use as is reasonably necessary to the lawful use and enjoyment of the surface of the leased reserved land;
(b)
use which is independent of and unrelated to any lawful use to which the surface of the leased reserved land may at any time be put; or
(c)
partly a use to which paragraph (a) applies and partly a use to which paragraph (b) applies.
(3)
For the avoidance of doubt, it is declared that the underground land below the depth specified under paragraph (1)(a) shall remain vested in the State Authority as reserved land.
(4)
The provisions of this Act relating to reservation of land shall apply mutatis mutandis to underground reserved land subject to such modifications as the Minister, with the approval of the National Land Council, may, by order notified in the
Gazette of the Federation, make thereto in order to facilitate their application to underground land or to remove any difficulty, and, in particular, he may make modifications to the provisions relating to survey of boundaries, land use, and forms of lease of reserved land.
(5)
In this section, “modifications” includes amendments, additions, deletions, substitutions, adaptations, and non-application of any provision.
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Lease of underground land below reserved land 92f. (1) The State Authority may grant under subsection 63(1)
a lease of—
(a)
a stratum of underground land below any reserved land; or
(b)
a stratum of underground land which is below any underground land in respect of which a lease has been granted under paragraph (a) or under section 92e;
such stratum—
(i)
extending from such depth below the surface of the reserved land to such further depth below such surface;
and
(ii)
subject to paragraph (a), being of such cubic dimensions, and having such boundaries, as may be specified in the lease.
(2)
A lease under subsection (1) shall—
(a)
specify or describe the use or uses to which the underground land specified in such lease may be put, and different uses may be specified or described for different parts thereof;
(b)
specify the conditions subject to which the underground land may be put to such use or uses, including conditions for the provision of protection and support to all adjoining land and all adjoining underground land, and for the provision of access at one or more places, as the State
Authority may specify, from all parts of the underground land to the surface of the reserved land, or otherwise as may be proposed by the applicant and approved by the State Authority, where, in the opinion of the State
Authority, the nature of the use of the underground land requires such access;
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(c)
specify such conditions as the State Authority may deem fit with regard to any works to be carried out for the construction of any structures within the underground land, including—
(i)
conditions to provide for the protection of the rights of the State Authority under subsection 45(2), under section 58 and under any written law relating to mining or forests; and
(ii)
conditions to provide for the removal, relocation or re-laying of any drain, sewer, pipe, cable or wire, together with all necessary supports and any works ancillary thereto, at the expense of the proprietor; or
(d)
specify any other conditions whatsoever which the State
Authority may deem fit.
(3)
Subsection 92e(2) shall apply mutatis mutandis to the use or uses to be specified or described under paragraph (2)(a) of this section.
(4)
For the avoidance of doubt, it is declared that the underground land below or above any underground land leased under subsection (1)
shall remain reserved land or, if earlier leased, remain leased reserved land.
Application for independent use of underground land below leased reserved land 92g. (1) Where a lease of any reserved land is subject to paragraph 44(1)(a) in so far as that paragraph applies to land below the surface of such leased reserved land, the lessee of such reserved land may, with approval of the officer for the time being having control of such reserved land, apply to the State
Authority in writing for the whole or a part of the underground land directly and immediately below the reserved land to be used for a purpose which is independent of and unrelated to any lawful use to which the surface of the land is being put or may at any time be put.
(2)
An application under subsection (1) shall set out—
(a)
in detail and with clarity the use or uses to which the underground land is to be put, and different uses may be set out for different parts thereof;
(b)
the depth, other dimensions, and boundaries of the stratum of underground land proposed to be put to such use or uses; and
(c)
detailed plans of the construction and other works which will be undertaken for the proposed use or uses of the underground land.
(3)
The State Authority may approve an application under subsection (1) either in accordance with the terms of the application and the proposals set out therein or with such modifications thereof as the State Authority may deem fit, and such modifications may include modifications with regard to any or all of the matters referred to in subsection (2).
(4)
Where an application is approved under subsection (3), whether with or without modifications, the approval shall be subject to the execution of a supplementary lease which shall—
(a)
provide for such further payments in respect of the lease as the State Authority may specify having regard to the enhancement in the value of the leased reserved land that the approved use of the underground land will result in, such payments and enhancement in value to be determined by the State Authority;
(b)
specify such conditions as the State Authority may deem fit for the provision of protection and support to all or any land adjoining the leased reserved land in respect of which the approval is granted, and to all adjoining underground land in relation to the underground land which is the subject of the approval, and for the provision of access at one or more places, as the State Authority may specify, from all parts of the underground land to the surface of the reserved land, where, in the opinion of the State Authority, the nature of the use of the underground land requires such access;
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(c)
specify such conditions as the State Authority may deem fit with regard to any works to be carried out for the construction of any structures within the underground land, including—
(i)
conditions to provide for the protection of the rights of the State Authority under subsection 45(2), under section 58 and under any written law relating to mining or forests; and
(ii)
conditions to provide for the removal, relocation or re-laying of any drain, sewer, pipe, cable or wire, together with all necessary supports and any works ancillary thereto, at the expense of the proprietor;
(d)
where the application under subsection (1) is approved only in respect of a portion of the underground land below the leased reserved land, specify that the remaining portion of the underground land below the leased reserved land shall be capable of being used under paragraph 44(1)(a)
only to such depth as the State Authority may specify in the approval; and
(e)
specify any other conditions whatsoever which the State
Authority may deem fit.
(5)
For the avoidance of doubt, it is declared that upon the execution of the supplementary lease under subsection (4), the underground land below the leased reserved land—
(i)
which is below the depth specified in respect of the underground land for which the approval is granted; and
(ii)
which is below the depth specified in respect of the remaining leased reserved land under paragraph (4)(d), shall remain reserved land.
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Relationship of this Part to other provisions of this Act 92h. (1) Nothing contained in any of the provisions of this Part shall in any manner whatsoever derogate from the provisions of subsection 42(2), section 45 and section 58.
(2)
This Act shall have effect in relation to underground land but subject to the provisions of this Part and to any order made under subsection 92c(6) and any regulations made under section 92i.
Regulations by the Minister 92i. (1) For the purposes of this Part the Minister, with the approval of the National Land Council, may make such regulations, to be published in the Gazette of the Federation, as he may deem necessary or expedient.
(2)
Without prejudice to the generality of subsection (1), regulations made under that subsection may provide for—
(a)
the form and contents of any application under this Part;
(b)
the minimum depth to be specified under paragraph 92b(1)(a)
or 92e(1)(a), and different minimum depths may be specified for different classes, descriptions, or locations of lands;
(c)
the measurement of the depth of underground land and the boundaries of a stratum of underground land, the marking of such boundaries, and their delineation on the plan of the land included in the document of title to the land;
(d)
without prejudice to subsection 92c(6), the modification of any provision of this Act or any rules under this
Act in their application to underground land or to any matter whatsoever dealt with under this Part, and in this paragraph “modification” includes amendment, addition, deletion, substitution, adaptation, and non-application of any such provision.
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Division III—ALIENATED LANDS: INCIDENTS AND
REGISTRATION OF TITLE
Part Six—RENT