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Alienations under the land use act and express declarations of trust in Nigeria

Alienations under the land use act and express declarations of trust in Nigeria
Alienations under the land use act and express declarations of trust in Nigeria
Nigerian conveyancers routinely resort to powers of attorney and agreements to sell (estate contracts) as tools to avoid the prohibitory clauses of the Land Use Act. Judges have shown their sympathy through a strict (but beneficial) construction. Nevertheless, the current system exacerbates the risk of acquiring precarious titles in land transactions. Accordingly, this article suggests that the avoidance objective will be best achieved through the application of the principles of trust and the use of trust instruments such as express written declarations of trust
land use act, trust, alienation, consent
0021-8553
59-89
Nwabueze, Remigius N.
6b2cdf07-8ee1-4d6f-9882-e3ea41e2aa0b
Nwabueze, Remigius N.
6b2cdf07-8ee1-4d6f-9882-e3ea41e2aa0b

Nwabueze, Remigius N. (2009) Alienations under the land use act and express declarations of trust in Nigeria. Journal of African Law, 53 (1), 59-89. (doi:10.1017/s0021855309000035).

Record type: Article

Abstract

Nigerian conveyancers routinely resort to powers of attorney and agreements to sell (estate contracts) as tools to avoid the prohibitory clauses of the Land Use Act. Judges have shown their sympathy through a strict (but beneficial) construction. Nevertheless, the current system exacerbates the risk of acquiring precarious titles in land transactions. Accordingly, this article suggests that the avoidance objective will be best achieved through the application of the principles of trust and the use of trust instruments such as express written declarations of trust

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More information

Published date: 1 April 2009
Keywords: land use act, trust, alienation, consent

Identifiers

Local EPrints ID: 73083
URI: http://eprints.soton.ac.uk/id/eprint/73083
ISSN: 0021-8553
PURE UUID: b00ca8ad-09b9-406a-8585-333790337e8a
ORCID for Remigius N. Nwabueze: ORCID iD orcid.org/0000-0002-3100-6427

Catalogue record

Date deposited: 02 Mar 2010
Last modified: 14 Mar 2024 02:51

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