Many people do not know that there are some statutory laws that have been enacted and established by both the state and federal government to regulate, guide and govern all forms of land and landed properties’ transactions in Nigeria which could make such transaction illegal or even lead to forfeiture whenever the parties to the transaction do not adhere to the provisions of such statutory laws as been laid down or stipulated.
Land and landed properties are static in nature and because they are immovable, hence the Latin maxim “Quicquid plantatur solo solo cedit” (meaning; whatever is affixed on the land belongs to the land).
Land and landed properties’ transactions (ownership, sales, acquisition, lease, mortgage, alienation, assignment/conveyance, sublease) are a contractual relationship between two or more persons for exchange and release of interest they have on land and landed property in consideration for a compensation which is usually of monetary value in nature.
For the protection of all parties involved in any or all of the above mentioned transactions as well as making such transactions legal and tenable in any court of law, the government (state and federal) of the federation has enacted some statutory laws to guide, govern and protect all persons who find themselves embarking on any of these land and landed properties’ transactions in Nigeria.
2There are so many reasons why government enacts statutory laws to govern and guide land and landed property transactions in Nigeria. Some of which are:
• To help generate additional revenue for government
• To add up to the Gross Domestic Product (GDP) of the economy
• To endeavour government carry out one its constitutional statutory function of protecting lives and properties
• To protect land/property investors and owners against fraud
• To have a detailed record of all land and property transactions in the country
• To assist government in planning towards adequate provision of infrastructural facilities in the country
The first part of the statutory laws governing land/property transactions in Nigeria which I will write on are:
1. Land Use Act
2. Land Instruments Registration Laws
3. Registration of Titles Acts
4. Rent Control and Recovery of Premises Acts
5. Tenancy Law of Lagos state
6. Tenement Rate Laws
7. Land Use Charge Law of Lagos state