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.
© Onyekachi Duru Esq and www.legalemperors.com, 2016. (All Rights Reserved) Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Onyekachi Duru Esq and www.legalemperors.com with appropriate and specific direction to the original content.
© Onyekachi Duru Esq and www.legalemperors.com, 2016. (All Rights Reserved) Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Onyekachi Duru Esq and www.legalemperors.com with appropriate and specific direction to the original content.