Lessons for Nigeria from the Experience of South Africa in Managing the Challenges of Transfer of Title and Administration of Fragmented Property Schemes

Abstract

A "fragmented property" or "multiple unit" property is one in which several persons have ownership or title interest in sections or parts of a single property scheme. The title interest could be in a block of flats/apartments or maisonettes in a building, and a building in a group of buildings, or townhouse(s), and fully detached houses in a complex or estate. Without clear rules regulating the nature and scope of title, the use of individual units in the scheme, and the conduct and inter-personal relations of the parties involved, incessant litigation or self-help remediation is likely to be common. In Nigeria the first fragmented property scheme was established by the government in 1959 to provide accommodation for senior  public servants. Several others have followed, and the establishment of housing estates is no longer restricted to the government. However, the intractable problem with schemes in Nigeria is that there is a lack of a specific legal framework to address the provision of an unimpeachable title to buyers, and for the administration of schemes for the benefit of all parties. There is therefore a need to address the problems associated with the transfer of title and the administration of fragmented property schemes. Doing so is the objective of this article. To achieve that objective, the legal framework applicable to fragmented property schemes in South Africa is critically considered with a view to learn from the experience of the country's robust legislation developed by caselaw, in addition to academic opinions over a period exceeding half a century. Recommendations to deal with the challenges in Nigeria regarding the issues of transfer of title and management of fragmented property schemes are proposed.