DEED OF ASSIGNMENT AS A MEANS OF TRANSFER OF REAL PROPERTY IN NIGERIA, ISSUES, CHALLENGES AND PROSPECTS


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TABLE OF CONTENTS

Title page
Abstract
Table of Contents
List of Cases
List of Statutes

CHAPTER ONE: GENERAL INTRODUCTION
1.1       Introduction
1.2       Statement of the Problem
1.3       Objectives of the Study
1.4       Justification
1.5       Scope of Study
1.6       Research Methodology
1.7       Literature Review
1.8       Organizational Layout

CHAPTER TWO: MODERN MEANS OF ACQUIRING REAL PROPERTY IN NIGERIA
2.1       Introduction
2.2       What is Real Property?
2.3.1    State Grant (Right of Occupancy)
2.3.2    Gift
2.3.3    Purchase (Sale)
2.3.4    Inheritance (Probate)
2.3.5    Family Land ( That is Allotment of Family Land)

CHAPTER THREE: NATURE OF DEED ASSIGNMENT
3.1       Introduction
3.2       Meaning of Deed of Assignment
3.3       Main Features of Deed of Assignment
3.3.1    Introductory Part
3.3.2    Operative Part
3.3.3    Miscellaneous Part
3.3.4    Concluding Part

CHAPTER  FOUR: ISSUES AND CHALLENGES IN PERFECTION OF DEED OF ASSIGNMENT
4.1       Introduction
4.2       Application Requirement of Governor‟s Consent under the Land Use Act
4.3       Payment of Stamp Duties
4.4       Registration of Deeds of Assignment
4.5       The Challenges with Deed of Assignment as a Means of Transfer of Real Property in Nigeria

CHAPTER FIVE: SUMMARY AND CONCLUSION
5.1       Summary
5.2       Conclusion
5.3       Recommendations



ABSTRACT


Acquisition of real property in Nigeria is a right enshrined under the constitution of Nigeria 1999 (as amended). Transaction in land formed part of the economic sector of the country. Transfer of interest in land or acquisition of real property can be through state grant, gift, purchase (conveyance), inheritance (probate) and allotment of family land. Of all these means of acquisition real property in Nigeria only purchase and gift are demanded to be by deed. This factor gravel affects the titles acquired by customary grant, probate, state grant and allotment of family land. As a legal requirement transfer of interest in land must with up with the requirement of governor‟s consent o the state were the land is situated or the local government authority within jurisdiction. The law also requires payment of stamp duties and the registration of the instrument (deed of assignment). Deed of assignment is the instrument that transfers interest in land from one party of another. The instrument contains the date, parties and terms of sale. It must be executed by the two parties and attested by witnesses. The law specifically requires that a deed must be signed, sealed and delivered for it to be valid. Transfer of interest in land is governed by many laws which differ from state to state of the federation. There are also various steps to be taken in the registration of title deed. This renders the transaction difficult and cumbersome. This research examined the means of acquiring real property in Nigeria, deed of assignment in particular and the challenges pose by the bureaucracy in the registration of title deed. The way forward has been proffered such as harmonization of conveyancing laws in

Nigeria, review of the Land Use Act to make the requirement of governor‟s consent unnecessary, reducing the time frame within which to register title deeds, reduction of fees payable for the registration of title deed and the such other similar problems.




CHAPTER ONE


GENERAL INTRODUCTION


1.1              Introduction


There can be no society without law (ubi societa ibi jus):- there are rules that are designed to guide behaviour and decisions of individuals either oral (tradition) or written such as constitution, parliamentary bills, legislative orders, executive ( executive ) orders court decisions etc, are intended to regulate and control human activities and or transactions.

Some contracts, covenants, agreements, appointments, conveyances are required in law to be by deeds (written form and formally).1

A deed of assignment can be said to be a document or agreement in which an assignor (the transferor) promises to, from the date of assignment or any date provided in the document assign his ownership in that property to the assignee ( transferee). The deed of assignment stipulates the type of right that has been assigned and usually, in the case of the sale and purchase of immovable property, full rights are assigned. It also documents the flow of ownership from the owner to the buyer and subsequent purchasers, where applicable. So, if a property has changed hands, the deed of assignment in the hand of the last owner would have a recital, usually on the last page which takes about history of the property changing hands from

„A‟ to „B‟ up to the current owner.....

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