Sale of Land

- PART I: Sale of Land I -

What is a Contract of Sale of Land

A contract of sale of land is an agreement to convey interest in land. Under Common Law, alienation of interest in land must be preceded by a contract of sale.

Stage	Document
1st stage	Agreement to Convey
2nd stage	Deed of Conveyance

2 Ways of Selling Land in Nigeria

1. Under Customary Law;
2. Under Received English Law.

15 Applicable Laws to Sale of Land

1. 1999 Constitution (as amended);
2. Statute of Frauds 1677;
3. Law Reform (Contract) Act 1961;
4. Conveyancing Act 1882;
5. Property & Conveyancing Law 1959;
6. Land Use Act 1978;
7. Stamp Duties Act;
8. Rules of Professional Conduct 2007;
9. Legal Practitioners Act;
10. Personal Income Tax Act;
11. Land Instrument Registration Law;
12. Lagos State Land Registration Law 2015;
13. Evidence Act 2011;
14. Companies and Allied Matters Act 2020;
15. High Court Civil Procedure Rules of various states; Capital Gains Tax.

Restrictions on Sale of Land

Legislative Restrictions

1. Governor’s/Minister’s consent - SS22 & 26 LUA; S12(4) Nigerian Coal Authority Act – Rorkonoh Property Co Ltd v NITEL Plc;
2. Governor cannot grant Right of Occupancy to a person under 21 - S7 LUA (statutory R of O may be granted to guardian on behalf of minor);
3. A non-Nigerian cannot be granted R of O (or have it transferred) without approval of National Council of States - S46(1) LUA;
4. Town Planning Law regulating building designs and plans;
5. Limitation as to quantum of urban land an individual may hold - S34(6) LUA;
6. Provision against fragmentation of rural land - SS6(2) & 36 LUA;
7. Compulsory acquisition - S43 CFRN 1999;
8. Concurrent consent of Head of Family + Principal Members.

Doctrine of Lis Pendens