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Articles that affect land ownership, transaction, inheritance, disputes and management in Nigeria.
Hello, am glad to have your eyes on this page. On last edition I wrote on “Safest Means of Purchasing rural Land” which dwelt on the purchase of land under customary law which often occurs in our villages. I highlighted the legal requirements and steps to a successful land transaction under such law. Now is time for us to take a deep dive into land transaction under our statutory law. It is for land transactions in our towns and cities. I urge you to learn as much as you can and save yourself embarrassment.
More than 75% percent of the earth is covered by water bodies while 25%is land. One of the essential needs of man is Shelter. Man is not coldblooded hence he needs land to put up his living. The oldest and best investment has remained real estate investment. No wonder in 1974, Ray Kroc, the founder of “McDonald’s” told listeners that his real business is not the sale of hamburger rather real estate. In Africa aside the economical and sociological importance of land and property on it; it is a visible sign of self accomplishment, and success.
HOW TO RECOVER PROPERTY OF THE DEAD IN NIGERIA – “A LEGAL GUIDE ON PROBATE MATTERS”.
A righteous man leaves inheritance for his off springs says the holy book. We all must die someday but what we may leave are our off springs, legacies, assets, liabilities, problems we solved and those we created. The death of a person is not the death of his/her property, assets and liabilities. The death of loved ones and breadwinners is not a launch into poverty and misery. No one dies with his assets (anything that adds to wealth) and liabilities (anything that reduces wealth) rather such is left for the good of the living. It is the right of the living to take over ownership and administration of the assets and property even the liability of the dead (deceased). Whether a deceased died leaving a WILL (testate) or without a WILL (intestate) his property must be owned and managed by the living. Now, the question is who should legally manage and benefit from the property of a dead in Nigeria?
Can government demolish my house and take my land without compensation? Yes, government can demolish your house and take your land! Albeit, government will compensate you for all your expenditure on the land in certain circumstances. The circumstances and steps therein will be theme of this piece. I advise you to get a copy of the Land Use Act of 1978 from any bookshop to understand and appreciate land contracts and transactions in Nigeria, as a whole. A copy of the Constitution of the Federal Republic of Nigeria 1999 (as amended) will also help.
LEGAL GUIDE ON BUYING OF LAND IN TOWNS AND CITIES
Hello, am glad to have your eyes on this page. On last edition I wrote on “legal guide on buying of land in villages” which dwelt on the purchase of land under customary law which often occurs in our villages. I highlighted the legal requirements and steps to a successful land transaction under such law. Now is time for us to takea deep dive into land transaction under our statutory law. It is for land transactions in our towns and cities. I urge you to learn as much as you can and save yourself embarrassments.
LEGAL GUIDE ON BUYING OF LAND IN VILLAGES (CUSTOMARY LAND)
All lands in Nigeria is vestedon the 36 States’ Governors across Nigeria aside those lands own by Federal Government and her agencies. Local Government Chairmen have vestments of land in local government (non-urban areas). A Governor of astate as well as a local government can lease out to individuals (21 years old and above) or companies or incorporated trustees for a certain term (usually 99 years). Upon the approval of either the governor or local government (as the case may be) the person or registered company to whomgovernment had leased a land to, can subsequentlysub-lease, transfer, alienate, mortgage and vest such upon another person, registered company or trustee. Land can be sold and bought in Nigeria either through customary law or statutory law. Below is a guideon acquiring land in villages throughcustomary method.
The most popular document in land transactions in Nigeria is“Power of Attorney”. Purchasers and sellers of land have given more powers than the law provided for to power of attorney. Power of attorney is merely a document which authorises a person to act for another as an agent. It is a document of delegation. In it, an owner of a right, power or title can transfer his rights to another person to exercise for him. The owner of the right is referred to as “Donor” while the person to whom it is donated to is referred to as a “donee”/ “attorney”. A power of attorney can be with or without a seal (a red wax or rubber sticker and the words “signed, sealed and delivered”).