The Deed of Sale of Land is a fundamental legal instrument in Nigerian property transactions, essential for documenting and effectuating the transfer of land ownership. This document type is specifically structured to comply with Nigerian land law requirements, particularly the Land Use Act of 1978, which vests all land in the state government. The deed must include specific elements such as proper party identification, detailed property description, consideration, and various warranties and covenants. It requires formal execution, witnessing, and registration with appropriate authorities, including obtaining the Governor's consent for the transfer. This document is crucial for both private and commercial land transactions, providing legal protection for both parties and serving as evidence of ownership transfer in property disputes.
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1. Parties: Identification and details of the Vendor/Seller and Purchaser/Buyer, including their full names, addresses, and capacity to contract
2. Background/Recitals: Context of the transaction, including the Vendor's ownership rights and intention to sell
3. Definitions: Definitions of key terms used throughout the deed
4. Property Description: Detailed description of the land being sold, including boundaries, measurements, and registration particulars
5. Consideration: Purchase price and payment terms
6. Vendor's Covenants: Seller's warranties regarding title, right to sell, and freedom from encumbrances
7. Title Documents: List and details of all title documents being transferred
8. Completion: Terms and conditions for completing the sale, including timing and delivery of documents
9. Registration: Provisions for registration of the transfer at the appropriate land registry
10. Execution Clause: Formal execution block for parties' signatures, witnesses, and attestation
1. Special Conditions: Used when there are unique terms specific to the transaction, such as development restrictions or special access rights
2. Third Party Rights: Include when there are existing tenants or other parties with rights over the property
3. Planning Permissions: Required when the land has specific planning permissions or restrictions that affect its use
4. Environmental Warranties: Include for properties in industrial areas or where environmental concerns exist
5. Service Charges: Necessary for properties with ongoing maintenance or service obligations
6. Dispute Resolution: Optional specific dispute resolution procedures beyond standard court jurisdiction
1. Property Schedule: Detailed technical description of the property, including survey plans and coordinates
2. Title Documents Schedule: Complete list and copies of all title documents and historical transfers
3. Payment Schedule: If payment is to be made in installments, details of payment terms and dates
4. Encumbrances Schedule: List of any existing charges, mortgages, or other encumbrances affecting the property
5. Plan/Survey Schedule: Authenticated survey plan and any relevant property drawings or maps
6. Receipts and Certificates: Copies of tax receipts, ground rent receipts, and other relevant certificates
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