An Examination of Legal Framework for the Operation of Leases as a Means of Transfer of Real Property in Nigeria

Abstract

The enjoyment of property that belongs to another person within a definite period and usually with consideration
called the rent has come to aid the middle and poor members of the society, since not everybody can afford to
become landlords. This has been made possible by the lease agreement between the parties such as lessee and lessor
or landlord/tenant as the case may be. However, laws of the federation at various state levels determine the fate of
lessor and the lessee at corporate and individual levels. The problem of the mode of creation of lease agreement as a
result of the provision of Land Use Act which is seeking resources for the Governor’s consent has been examined in
this article. The aim is to examine the legal framework for the operation of lease as a means of transfer of real
property in Nigeria by considering the Lagos State Law, Federal Capital Territory Act and Kaduna State law as it
relates to lease/tenancy agreement for the creation of lease under the Land Use Act. The methodology adopted in
this article is doctrinal in which both the primary and secondary sources of materials were analyzed such as statutes
like Land Use Act, 1978 and journals and articles in the area of this research. The major finding of this work is the
challenges faced in the course of the creation of lease as a result of consent provision in the Land Use Act, 1978,
which must first be had and obtained. This research recommends that the consent provision in the statute should be
amended to reduce the hardship involved in seeking and obtaining same.