The system of conveyancing in Nigeria today has posed series of problems, especially as regards land title. This is evident by the number of land disputes filed before the courts daily. These problems reduce the confidence of the public in conveyancing procedure in Nigeria and deny the government of revenue that ought to have accrued from land transactions like stamping fees, registration of title, and instrument. The agencies that are to cater for a smooth running of conveyancing procedure in Nigeria are themselves contributors to the issues that affect conveyancing. Dishonesty has become the order of the day amongst these agencies and even the solicitors. This paper is a deliberate attempt to look at the issues confronting conveyancing in Nigeria and proffer workable solutions that can stand the test of time. The paper sets out to look at the concept of conveyancing in Nigeria; the importance of studying conveyancing in Nigeria; the problems facing conveyancers in Nigeria; and solutions to the problems.
Table of Contents
1.0. INTRODUCTION
2.0. DEFINITION OF CONVEYANCING AND CONVEYANCER
3.0. THE IMPORTANCE OF THE STUDY OF CONVEYANCING
3.1. Confidence in Conveyancing Procedure
3.2. Security of Titles to Land in Nigeria
3.3. It Creates a Knowledge-Base on How Land can be acquired
3.4. It Sensitizes Persons on the Importance of Engaging a Solicitor in Land Transaction
3.5. It Prevents Avoidable Land Disputes
3.6.
4.0. THE PROBLEMS FACING CONVEYANCERS IN NIGERIA
4.1. Applicable Laws
4.2. Illiteracy
4.3. Registry practices
4.4. Professional Incompetence
4.5. Power of Attorney
4.6. The Death of Either Party
4.7. The Lack of Title Insurance in Nigeria
4.8. The Doctrine of Lis Pendens
4.9. Searches Conducted at the Land Registry
4.10.The Problem of Unregistered Interest in Land
5.0. CONCLUSION AND RECOMMENDATIONS
Objectives and Core Themes
This paper aims to critically examine the systemic challenges within the Nigerian conveyancing system that contribute to land title insecurity and persistent litigation. It seeks to provide actionable reforms to enhance the legal framework and professional standards within the land administration sector.
- Analysis of the historical and legal context of conveyancing in Nigeria.
- Identification of regulatory gaps and obsolete legislative frameworks.
- Assessment of the role of professional conduct and solicitor competence in land transactions.
- Proposals for institutional reforms including accreditation and the introduction of title insurance.
Extract from the Book
1.0. INTRODUCTION
The process of conveyancing in Nigeria dates back to the pre-colonial era where land transactions were governed by various customs of societies that made up Nigeria. The divergence of customs and lack of adherence to the said customs resulted in a multiplicity of sales of one land to different purchasers. Hence in one case, the Supreme Court decided that whosoever purchases land from the Oloto family has purchased litigation. This shows that problem associated with the conveyancing procedure in Nigeria is not a new phenomenon.
With the influx of colonial laws, Nigeria received the common law, principles of equity, and statute of general application (as of 1st January 1900) into her municipal order. The statutes of general application have proved useful in the conveyancing process in Nigeria as they afforded States the opportunity of adjusting them to suit their local circumstances. This development though well received has its problems that affect conveyancing procedure.
Conveyancing is a procedure by which interest in land is transferred from one party to another (vendor to the purchaser). It can broadly be categorized into two stages: the contract and the completion stage. The first stage is to culminate into a valid contract of sale of land, while the latter stage is to transfer the legal interest in land to the purchaser through an appropriate instrument under seal. It is worthy of stating that the practice amongst conveyancers in Nigeria is moving straight to the completion stage without formulating a binding contract of sale of land. The attendant effect is bad land titles and floodgates of land disputes.
Summary of Chapters
1.0. INTRODUCTION: Outlines the historical context of land transactions in Nigeria and highlights the ongoing issues with defective titles and litigation.
2.0. DEFINITION OF CONVEYANCING AND CONVEYANCER: Defines the legal concepts of conveyancing and the professional requirements for a conveyancer.
3.0. THE IMPORTANCE OF THE STUDY OF CONVEYANCING: Discusses why rigorous study of conveyancing is essential for security of title, public confidence, and preventing land disputes.
4.0. THE PROBLEMS FACING CONVEYANCERS IN NIGERIA: Examines specific challenges including obsolete laws, registry bureaucracies, professional incompetence, and the abuse of legal instruments like the Power of Attorney.
5.0. CONCLUSION AND RECOMMENDATIONS: Proposes legislative and institutional reforms to improve land administration, including professional accreditation and the implementation of title insurance.
Keywords
Conveyancing, Conveyancers, Conveyancing procedure, Land title, Nigeria, Land registry, Property law, Legal practice, Title insurance, Land disputes, Solicitor, Lis Pendens, Statute of general application.
Frequently Asked Questions
What is the primary focus of this paper?
The paper addresses the multifaceted problems inherent in the Nigerian conveyancing system, which lead to insecure land titles and frequent litigation.
What are the central themes of the work?
The core themes include the inadequacy of current property laws, the lack of professional standards in the field, and the bureaucratic failures in land registries.
What is the ultimate goal of the research?
The goal is to propose workable solutions that can reform the land administration system and align it with modern, efficient practices.
Which scientific methodology is applied?
The work employs a doctrinal legal research methodology, analyzing statutes, case law, and administrative practices within the Nigerian context.
What topics are covered in the main body of the paper?
The main body details specific issues like the multiplicity of laws, illiteracy among stakeholders, registry mismanagement, professional incompetence, and the misuse of Powers of Attorney.
How can the paper's content be characterized by keywords?
It is best characterized by terms such as conveyancing, land title, property law, and regulatory reform.
What is the significance of the "Oloto family" case mentioned?
It serves as a historical and judicial illustration of the long-standing nature of land-related litigation in Nigeria, where poor conveyancing leads to repeated, fraudulent land sales.
Why does the author advocate for professional accreditation for conveyancers?
The author argues that accreditation would enforce higher standards of professionalism, curb the activities of unqualified estate agents, and increase public trust in the system.
- Quote paper
- Joel Odili (Author), 2021, Conveyancing Procedure in Nigeria. Recommendations for Better Land Titles, Munich, GRIN Verlag, https://www.grin.com/document/1064728
