Semataka inherited a whole hill from his father. Recently, he was at the bank as admired a lady. When he asked her for her phone number, she felt "sweet" on him and refused. The rejection did not sit well with him so to make the situation "draw-draw" he, told her he would give her land if she gave him her number. But can he gift customary land?
How is Customary land passed on?
Customary land is owned and passed on according to the practices of a given community. However, to gift this land, it should be acceptable by the practices of that culture.
As we have already seen, with unregistered customary land, things may be done without the need for anything in writing (even though we have said it is best to have everything written down to avoid confusion). This means that customary land can be gifted verbally.
However, that means that there is need for evidence to show that the giver intended to give the land as a gift and that they indeed gave away the land. Then there must be proof that the person they gave it to accepted it. And finally, the law states that in order to prove that land (of all types) was gifted to another, the person it was gifted to must show that they have since been using it alone, during the lifetime of the person that you claim gave it to you.
That means, for instance, you cannot say the land has been gifted to you when the person that ‘gifted’ it still grows their crops there and sometimes even tells you to move your crops out of the way for their cattle to graze the land. with no stories of ‘us and the other family’ etc.
Would you accept this "gift" for your phone number 😄?
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