ALIENATION OF LANDED PROPERTY AND ITS EFFECT ON BUSINESS TRANSACTIONS IN NIGERIA
ALIENATION OF LANDED PROPERTY AND ITS EFFECT ON BUSINESS TRANSACTIONS IN NIGERIA
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Date
1992-05
Authors
AKUDIHOR, OGHENEGWEKE
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Abstract
The economic realities of these times have shown
that utility of landed property, does not only result
in the best use of the property, but also in the
creation and accummulation of capital. It need not
be over emphasised that the availability of capital
is absolutely necessary to stimulate business growth
and development in a society.
Landed property would effectively serve the
above purpose through the mobility of rights and
interest in such properties. This can easily be
facilitated by the concept of alienation. But
alienation does not exist in vaCuo nor does it have
a universal content. It exist in response to the
laws and rules of a particular land tenure system,
which determines its relationship with business
transactions in properties.
The aim of this thesis therefore, is to
determine to what extent does the Nigerian Land
Tenure System provides the necessary framework for
alienation in landed properties. More importantly
it examines to what extent does the rules of
alienations provides the adequate incentives to
stimulate business transactions in landed properties.
Chapter one gives a general introduction to the
whole subject matter. It deals with the importance
of land in the economic setting of both traditional
and modern societies. It also discusses the concept
of alienation in Nigerian Land Tenure System and the
existence of the inalienability theory of land rights
in customary societies. The chapter also highlighted
the relationship between alienation, business transaction
and development in a polity.
In chapter two, the nature of property in
Nigeria was discussed. This covers both customary
and statutory land tenure systems. This approach is
designed to understand the basic principles of the
rules of alienation in both systems. The types of
land holding in each system and the quantum of
individual rights in each land holding was subject
to systematic analysis.
Chapter three discusses the modes of alienation
of landed property in Nigeria. These are modes of
alienations which are by their nature, business
transactions in landed properties. They are the ways
by which holders of rights and interest in land,
transter their property to raise income or capital as
the case may be. Our discussions are not limited to
urban land transactions which are popular but also with
those practiced under customary law or in rural
communities.
Description
MASTERS OF LAW(LL.M)MAY, 1992.
Keywords
ALIENATION,, LANDED,, PROPERTY,, EFFECT,, BUSINESS,, TRANSACTIONS,, NIGERIAN,