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
59-89
Nwabueze, Remigius N.
6b2cdf07-8ee1-4d6f-9882-e3ea41e2aa0b
1 April 2009
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), .
(doi:10.1017/s0021855309000035).
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
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Date deposited: 02 Mar 2010
Last modified: 14 Mar 2024 02:51
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