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

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

Record type: Article


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


Local EPrints ID: 73083
ISSN: 0021-8553
PURE UUID: b00ca8ad-09b9-406a-8585-333790337e8a

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Date deposited: 02 Mar 2010
Last modified: 18 Jul 2017 23:51

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