THE INCREASING ROLE OF EQUITABLE INTERESTS IN LAND TRANSACTIONS:

Abstract

Land law in Nigeria, like in many African nations, continues to grapple with the balance between formal legal rights and equitable interests, particularly in a landscape marked by diverse customary practices and evolving statutory frameworks. This article explores the increasing role of equitable interests in land transactions under Nigerian land law, drawing comparisons with Ethiopia’s unique approach to land tenure. In Nigeria, equitable interests often arise from informal agreements, long-standing possession, or contributions to land improvements, creating a tension with legal rights enshrined in the Land Use Act of 1978. Similarly, Ethiopia’s public land ownership system emphasizes fairness and equity, recognizing customary land rights, shared familial interests, and community claims despite the absence of formal legal documentation. The article examines the legal and equitable dimensions of landholding, the role of judicial systems in adjudicating disputes, and the socio-economic implications of prioritizing equitable interests in both nations. Using Ethiopia as a comparative framework, the discussion highlights how principles of fairness and long-standing usage—whether under formal statutes or customary practices—shape the recognition of equitable interests. Special attention is given to spousal contributions, informal settlements, and communal rights, illustrating the transformative potential of equitable principles in land administration. The analysis underscores the growing need for Nigerian land law to align with equitable considerations, not merely as a supplement to legal rights but as an integral mechanism for promoting inclusivity, justice, and sustainable land management. Drawing lessons from Ethiopia’s integration of equity in land use policies, the article advocates for reforms that balance statutory provisions with informal and customary claims, ensuring equitable access and protection for vulnerable populations in both contexts.