OVERVIEW OF CONTRACT FOR THE SALE OF LAND IN NIGERIA

By

Justice Agu

Presented To

Law Department

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ABSTRACT
The contract sale of land in Nigeria is governed by a complex legal framework that includes statutory provisions, common law principles, and regulatory oversight by government agencies. This study provides a comprehensive overview of the legal and procedural aspects of land sales in Nigeria, analyzing the challenges, regulatory bottlenecks, and potential reforms required for a more efficient and transparent process.

Key findings indicate that the Land Use Act of 1978 plays a crucial role in land transactions, but its requirements, particularly the necessity of obtaining the Governor's consent, often lead to bureaucratic inefficiencies and delays. Other identified challenges include fraudulent sales, multiple transactions on the same property, the lack of a centralized land registry, and weak enforcement of property rights. The study also highlights the underutilization of Alternative Dispute Resolution (ADR) mechanisms in resolving land disputes.

To address these issues, the research recommends reforms such as the digitization of land registries, streamlining the Governor's consent process, strengthening legal enforcement, and promoting ADR methods. Future research should explore the role of technology, particularly blockchain and Geographic Information Systems (GIS), in improving land transactions and ensuring greater transparency.

The study concludes that legal reforms and digital transformation are essential for a secure and efficient land sale process in Nigeria. Implementing these changes will foster investor confidence, reduce fraud, and enhance the overall effectiveness of land administration in the country.

TABLE OF CONTENTS

CHAPTER ONE:

INTRODUCTION

1.1 Background to the Study

1.2 Statement of the Problem

1.3 Research Questions

1.4 Objectives of the Study

1.5 Significance of the Study

1.6 Scope and Limitations of the Study

1.7 Research Methodology

1.8 Structure of the Study

CHAPTER TWO:

LEGAL FRAMEWORK GOVERNING CONTRACTS FOR SALE OF LAND IN NIGERIA

2.1 Introduction

2.2 Meaning and Nature of a Contract for Sale of Land

2.3 Statutory Framework: The Role of the Land Use Act 1978 and Other Relevant Laws

2.4 Common Law and Equitable Doctrines on Contracts for Sale of Land

2.5 Requirements for a Valid Contract for Sale of Land (Statutory and Case Law Perspective)

2.6 Role of Government Agencies in Land Transactions

2.7 Conclusion

CHAPTER THREE:

FORMATION AND ESSENTIAL FEATURES OF A CONTRACT FOR SALE OF LAND

3.1 Introduction

3.2 Key Elements of a Valid Contract (Offer, Acceptance, Consideration, Intention to Create Legal Relations)

3.3 Statutory Requirement for Writing and Registration (Statute of Frauds and Nigerian Property Laws)

3.4 The Role of Governor’s Consent Under the Land Use Act

3.5 Pre-contract Enquiries and Due Diligence (Searches, Verification of Title)

3.6 Conditions and Warranties in Land Sale Contracts

3.7 Conveyancing Process and Documentation (Deed of Assignment, Certificate of Occupancy, etc.)

3.8 Conclusion

CHAPTER FOUR:

CHALLENGES AND LEGAL DISPUTES IN CONTRACTS FOR SALE OF LAND IN NIGERIA

4.1 Introduction

4.2 Common Issues in Land Sale Transactions (Fraud, Defective Title, Multiple Sales, etc.)

4.3 The Role of Courts in Resolving Land Sale Disputes

4.4 The Doctrine of Lis Pendens and its Effect on Land Transactions

4.5 Breach of Contract and Remedies (Specific Performance, Damages, Rescission)

4.6 Alternative Dispute Resolution (ADR) in Land Matters

4.7 Comparative Analysis: Land Sale Dispute Resolution in Nigeria vs. Other Jurisdictions

4.8 Conclusion

CHAPTER FIVE:

CONCLUSION AND RECOMMENDATIONS

5.1 Summary of Findings

5.2 Challenges in the Current Legal Framework

5.3 Proposed Reforms for Enhancing the Land Sale Process

5.4 Recommendations for Future Research

5.5 Conclusion

REFERENCE

📄 Pages: 106 🧠 Words: 17661 📚 Chapters: 5 🗂️️ For: PROJECT

👁️‍🗨️️️ Views: 595

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