Loss of Right of Way after Compulsory Acquisition

ESV Ekine, Augustine Nordi Prince,

The Land Use Act of 1978, now cited as Laws of the Federation of Nigeria, CAP L5 LFN 2007, governs the acquisition of land and buildings for public purposes in Nigeria ¹. The Act stipulates that the government has the authority to acquire private land for public purposes, and that the owner of the land is entitled to compensation. However, the Act does not specify who bears the cost of reinstatement in the event of a loss of right of way.

Right of way refers to the right of passage or access over another person’s land. It can be acquired through express grant, implied grant, or prescription. In the case of compulsory acquisition, the right of way is typically extinguished, and the owner of the land is entitled to compensation.

The cost of reinstatement refers to the cost of restoring the right of way to its original state. This can include the cost of repairing or rebuilding any structures that were damaged or destroyed during the acquisition process, as well as the cost of relocating any utilities or services that were affected.

In Nigeria, the cost of reinstatement is typically borne by the acquiring authority, which is usually the government or a government agency. This is because the government has the authority to acquire land for public purposes, and it is responsible for ensuring that the acquisition process is carried out in a fair and transparent manner.

However, in some cases, the cost of reinstatement may be borne by the owner of the land. This can occur if the owner of the land has agreed to bear the cost of reinstatement as part of the acquisition agreement. Alternatively, the cost of reinstatement may be shared between the acquiring authority and the owner of the land, depending on the terms of the acquisition agreement.

Conclusion
The cost of reinstatement in the event of a loss of right of way after compulsory acquisition is typically borne by the acquiring authority, which is usually the government or a government agency. However, in some cases, the cost of reinstatement may be borne by the owner of the land, depending on the terms of the acquisition agreement.
ESV Ekine, Augustine Nordi Prince,a registered Estate Surveyor and Valuer writes from Port-Harcourt, Rivers State.