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Title to land generally presupposes a total, superior and exclusive right to the land, so much so that the owner of a land does not share the right of ownership with any other person, unless he transfers his ownership of the property to a third party. In Nigeria, whilst every citizen possesses the right to acquire and own immovable property anywhere in Nigeria, such right, like other rights enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as amended), is not total, but subject to certain exceptions or qualifications.

Right of way is one of such exceptions, and is the legal right, established by grant from a landowner or by law, for a person, vehicle or equipment to pass along a specific route, through property belonging to another, and which would otherwise be considered as a trespass.

Thus, Section 90 of the Petroleum Industry Act, (PIA) 2021 for example, allows a holder of a petroleum licence or lease to rights of way for the laying, operation and maintenance of gathering lines, telephone lines, power lines and other similar lines through or across the areas the holder may require for petroleum operations (petroleum liquid or gas). This right is also replicated, in Section 127 of the PIA, for midstream and downstream operators.

Whilst the right of way or such petroleum operations is subject to regulatory approval by the NUPRC or NMDPRA, either regulator, depending on the stream of operations, may preserve a right of way, easement or other right over an area to which a petroleum licence or lease applies, where deemed necessary.

It is also important to note that a person whose land or interest in land may be injuriously affected by the grant of a right of way to a petroleum operator, may lodge a notice of objection stating his interest and the grounds of objection.

Also, usually, such right of way will require that the operator takes reasonable steps to avoid unnecessary damage and pay compensations to owners and occupiers of any property for any damage done to the accessed land or environment.