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Periodical article | Leiden University catalogue | WorldCat |
Title: | Alienations under the Land Use Act and express declarations of trust in Nigeria |
Author: | Nwabueze, Remigius N. |
Year: | 2009 |
Periodical: | Journal of African Law |
Volume: | 53 |
Issue: | 1 |
Pages: | 59-89 |
Language: | English |
Geographic term: | Nigeria |
Subjects: | land law property rights jurisprudence |
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. Notes, ref., sum. [Journal abstract] |