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 Key Themes
This paper aims to critically examine the issues surrounding conveyancing procedures in Nigeria and propose practical solutions that can enhance the legal framework and improve land title security. The paper explores the historical context of conveyancing in Nigeria, defines key terms like "conveyancing" and "conveyancer," and highlights the importance of studying and understanding conveyancing in the Nigerian context.
- The complexities of conveyancing procedures in Nigeria and their impact on land title security.
- The role of historical factors and colonial influences on the development of land law and conveyancing practices in Nigeria.
- The importance of understanding the legal framework governing conveyancing and land ownership in Nigeria.
- The need to address challenges like illiteracy, professional incompetence, and lack of title insurance within the conveyancing system.
- The potential for improving conveyancing practices to enhance confidence in the system and promote economic development.
Chapter Summaries
The introduction provides a historical overview of conveyancing in Nigeria, tracing the evolution of land ownership and transfer practices from pre-colonial times to the present. It highlights the challenges posed by divergent customs, lack of adherence to legal frameworks, and the prevalence of land disputes.
Chapter 2 defines the terms "conveyancing" and "conveyancer," outlining the legal concepts and procedures involved in transferring ownership of land. It delves into the importance of studying and understanding conveyancing, emphasizing its role in ensuring confidence in the system, securing land titles, and preventing avoidable disputes.
Chapter 3 analyzes the various problems facing conveyancers in Nigeria. It examines the impact of applicable laws, illiteracy, registry practices, professional incompetence, and the lack of title insurance on the effectiveness of the conveyancing system. The chapter discusses the challenges posed by power of attorney, the death of either party involved in a transaction, and the Doctrine of Lis Pendens.
Keywords
The main keywords and focus topics of this paper include conveyancing, land title, conveyancer, conveyancing procedure, land disputes, applicable laws, professional competence, title insurance, and legal framework. The paper examines the challenges and opportunities associated with the current conveyancing practices in Nigeria, highlighting the need for reform and improvements to ensure a more efficient and secure system for land ownership and transfer.
- Citation du texte
- Joel Odili (Auteur), 2021, Conveyancing Procedure in Nigeria. Recommendations for Better Land Titles, Munich, GRIN Verlag, https://www.grin.com/document/1064728
