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Restrictions to the Sale of Land

Restrictions to the Sale of Land are both statutory (legislative) and contractual. The basic restrictions are as follows:

i.             Governors consent for alienation of Statutory Right of Occupancy under sections 22 & 26 of the Land Use Act.

ii.           Person(s) under 18 years cannot be granted a Certificate of Occupancy and accordingly cannot alienate same: see section 7 of the Land Use Act.

iii.          A non-Nigerian cannot be granted a Certificate of Occupancy except with the approval of the National Council of States: section 41(1) of the Land Use Act.

iv.          Town planning laws and regulations. For example in the Federal Capital Territory we have restrictions as to the Green Area by the Abuja Metropolitan Management Council (AMMC).

v.            Family or communal land; in which case there is need for consent of the family head or community head.

vi.          Lis Pendens Doctrine:

This means 'Pending suit in court'. For this doctrine to be available:

a)       There must be a pending suit in respect of real property
b)       The action must relate to recovery or assertion of title
c)       The party must be aware or ought to be aware of the above


vi      Covenants – leases – against assignments, subleasing or subletting subject to consent. 





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