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Friday, 16 December 2016

HOW TO OWN A FREE HOME UNDER LAGOS HOUSING SCHEME

It feels good to force you here in order to get you informed. Free home indeed! Hehehe. By the heading, I meant you can buy into any of the schemes without having to pay fees to any intermediary or agent.

Lagos State Government has repeatedly emphasized its commitment to ensure residents of the state have shelter, particularly a place they can call their own. The government through the Ministry of Housing officially launched the Rent-To-Own and Rental Housing Policies on Thursday, December 8, 2016.
The development was officially announced by the State Commissioner for Housing, Hon. Gbolahan Lawal

Tuesday, 1 November 2016

SUPREME COURT OF NIGERIA GIVES REASONS FOR AFFIRMING MANDATORY USE OF NBA STAMP & SEAL ON LEGAL DOCUMENTS


On Friday November 14, 2015, the Supreme Court of Nigeria gave reasons for its decision made on October 27, 2015 to allow the cross-appeal in Appeal No. SC/722/15 All Progressives Congress (APC) V. General Bello Sarkin Yaki. The Court’s decision arose out of the 2nd Cross-Appellant’s Cross appeal against the decision of the Court of Appeal, Sokoto Division which summarily dismissed the 2nd Cross-Appellant’s preliminary objection challenging the competence of the Appellants’ Notice of Appeal for failure to bear the stamp/seal of the legal practitioner who signed it as stipulated by Rule 10(1) of the Rules of Professional Conduct for Legal Practitioners, 2007.
Credit - abrahamthompsonsandco.com 

In the lead judgment of the Court delivered by Nwali Sylvester Ngwuta JSC, the court held that such a process even though signed and filed is not null and void or incompetent like the case of a court process so signed in the name of corporation or association (even of lawyers). The court held that such a document even though signed and filed is not proper in law for the reason that the condition precedent for its proper signing and filing has not been met. The court also held that such a document is ‘akin to a legal document or process filed at the expiration of the time allowed by the rules or extended by the court’.

Particularly the court per Ngwuta JSC, held that ‘in such cases the filing of the process can be regularised by extension

Thursday, 13 October 2016

AMBODE WARNS AGAINST FLOUTING BUILDING REGULATIONS

Lagos State Governor, Akinwunmi Ambode on Monday said the government would no longer tolerate flouting of building regulations in the state.
He also stated that there was the need for additional 187, 500 new houses in the next five years to reduce the housing deficit estimated at 2.5 million in the state.
The state governor, who was represented by his Deputy, Oluranti Adebule, said this at the 2016 World Habitat Day organised by the Ministry of Physical Planning and Urban Development with the theme, ‘Housing at the Centre’.
Credit - tv360nigeria.com 

Ambode said his administration is focused on resolving the confidence in the building control and supervision process, adding that the challenge of housing deficit and the issue of safety concerns in the building sector was top priority.

Wednesday, 12 October 2016

THE NEED TO REPEAL THE LAND USE ACT 1978

POSITION PAPER ON THE NEED FOR THE REPEAL OF THE LAND USE ACT 1978.

Introduction:
Human society the world over is heavily dependent on land and its resources. It is not an overstatement to say that without land there would be no human existence. This is because it is from land that man gets items very essential for his survival such as food, fuel, clothing, shelter, medication and others.

According to Omotola J. Learned Professor of Law;
“Every person requires land for his support, preservation and self actualization within the general ideals of the society. Land is the foundation of shelter, food and employment. Man lives on land during his life and upon his demise, his remains are kept in it permanently. Even where the remains are cremated, the ashes eventually settle on land. It is therefore crucial to the existence of the individual and the society. It is inseparable from the concept of the society. Man has been aptly described as a land animal.”

Tuesday, 11 October 2016

WHY YOU SHOULD INVEST IN IBEJU LEKKI (PRIME GARDENS ESTATE)

Aliko Dangote, Africa’s richest man is building one of the world’s largest oil refineries in Ibeju Lekki Free Trade Zone, Lagos state Nigeria. The project is obviously one of the largest in Nigeria and Africa as a whole.

Reasons why you should buy into our Estates in Ibeju Lekki, Lagos Nigeria.

Here are some essential details about Dangote refinery you may find very interesting and may instigate you to invest within Ibeju Lekki;

The project site is larger than Victoria Island.

It is located on 2,135Hectares of land in Ibeju Lekki, Lagos near Lekki Free Trade Zone.

It is the largest industrial complex in Africa.

Monday, 10 October 2016

WORK ENVIRONMENT OF A REAL ESTATE BROKER OR SALES AGENT

Real estate brokers and sales agents are self-employed. Most of the rest worked in the real estate industry in brokerage offices, leasing offices, and other real estate establishments.

Workplace size can range from a one-person business to a large firm with numerous branch offices. Many brokers have franchise agreements with national or regional real estate companies. Under this arrangement, the broker pays a fee to be affiliated with a widely known real estate organization.

Credit - bls.gov 

Sunday, 9 October 2016

RICE IMPORTS REMAIN BANNED THROUGH THE LAND BORDERS


Our attention has been drawn to publications on various online platforms indicating that the Nigeria Customs Service has reversed the ban on Rice importation through the land borders. These reports were attributed to a press interview purportedly granted by the Service Public Relations Officer, Deputy-Comptroller Wale Adeniyi.

2. It has become necessary to re-state the true position in view of the confusion which these online publications may create in the industry. It is even more expedient to provide this clarification given that the fact that the  Service has taken a firm position earlier in the week through a joint press conference with Stakeholders.

3. First, we like to reiterate the position that importation of Rice remains banned through our Land Borders, and we have the commitment of Partner Government Agencies and Stakeholders to enforce this restriction. While this restriction is in force, Rice imports through the Ports are still allowed subject to payment of extant charges.

REAL ESTATE BROKER versus SALES AGENT

Real estate brokers and sales agents help clients buy, sell, and rent properties. Although brokers and agents do similar work, brokers are licensed to manage their own real estate businesses. Sales agents must work with a real estate broker.

Duties

Real estate brokers and sales agents typically do the following:
  • Solicit potential clients to buy, sell, and rent properties
  • Advise clients on prices, mortgages, market conditions, and related information
  • Compare properties to determine a competitive market price
  • Generate lists of properties for sale, including details such as location and features
  • Promote properties through advertisements, open houses, and listing services
  • Take prospective buyers or renters to see properties
  • Present purchase offers to sellers for consideration
  • Mediate negotiations between buyer and seller
  • Ensure that all terms of purchase contracts are met
  • Prepare documents, such as loyalty contracts, purchase agreements, and deeds through their lawyers 

Saturday, 8 October 2016

NIGERIAN CUSTOMS LIFTS BAN ON IMPORTATION OF RICE

Wale Adeniyi, the spokesperson of the Nigeria Customs Service has revealed that the Comptroller-General of the body, Colonel Hameed Ali (rtd), has removed the ban on importation of rice. He also stated in an interview with the News Agency of Nigeria (NAN) that the import duty payment at land borders has been reintroduced.

 According to him, the restriction used to be applied only at land border stations, adding that all rice imports through land borders by rice traders would attract the prevailing import duty of 10 per cent with 60 per cent levy. “Over the years importation has been restricted to the seaports because border authorities have found it difficult to effectively monitor and control importation of rice. “When the decision to ban it (rice) was taken it was not an effective measure because smuggling of the product thrives with people using different means of conveyance including small trucks, bicycles and even animals – putting them on donkeys and some actually carry it on their heads. “These new measures will be for customs to re-organize their anti-smuggling operations in the border areas and ensure that all those importers through the borders bring their rice through approved routes and pay their extant duty,” he was quoted to have said.

ADVERT: THE REAL ESTATE AGENT REGISTRATION APPLICATION FORM IS OUT

APPLICATION IS OUT!!!

Deadline 30/11/2016

THE REAL ESTATE AGENT REGISTRATION APPLICATION FORM IS OUT.

The subscription/application is a strategic inclusion of individuals that recognize themselves as agents to the members of the public. It is open to all individuals and entities with interest in any defined aspect of real estate.

The Initiative considers Real Estate in its multidisciplinary identity and as such anticipates the collaboration of participants in the facilitation and closing of real estate- recognizing them as agents -community assets and members of the Initiative.‎‎

APPLICATION FEE: # 4,800 naira only (including application pickup cost in Lagos state)

Successful applicants will enjoy:

Tuesday, 4 October 2016

SUMMARY OF THE LAND USE ACT ( DECREE) OF 1978


Introduction

From time immemorial through the period of agriculture to the period of industrial development, land has remained the most valuable property in the life of man and his development. It is a source of wealth to those who have it and the mother of all properties. In other words, virtually all the basic needs of human existence are land dependent. In view of the importance and usefulness of land to

Monday, 3 October 2016

OBSERVATIONS ABOUT RECESSION

My observations about the recession is that, it is:

1. Separating the smart workers from the hard worker

2. Closing doors on some and opening it for others

3. Taking wealth away from some and giving it to others.

4. Bringing out the best in others and showing up the worst in other.

Recession has always been with man, what determine where you fall in the placement above is your abilities to add value in exchange for cash. Make the best use of this recession, by being creative. Think of what you can do in addition to what you are doing that will make you smile to the bank, even in this economic recession.

I am 'jumobi Honest
and I want you to succeed, and
YOU WILL SUCCEED!

Saturday, 1 October 2016

ADDRESS BY PRESIDENT MUHAMMADU BUHARI ON 56TH INDEPENDENCE ANNIVERSARY. OCTOBER 1ST 2016


Today – 1st October is a day of celebration for us Nigerians.  On this day, 56 years ago our people achieved the most important of all human desires – freedom and independence.  We should all therefore give thanks and pray for our founding fathers without whose efforts and toil we would not reap the bounties of today.

2. I know that uppermost in your minds today is the economic crisis. The recession for many individuals and families is real. For some It means not being able to pay school fees, for others it's not being able to afford the high cost of food (rice and millet) or the high cost of local or international travel, and for many of our young people the recession means

BEFORE YOU CLOSE THAT PURCHASE

So, I assume you have gone through the very exhausting but interesting and enlightening process of inspecting various properties (with the intention to buy) in your location/locations of choice. After much ado, your preferred option has been singled out.
However, now that you have found this property you love, do you know what to do next?
Well, in case you don’t, below are a few guidelines on your next course of action before you put down your hard earned money:
Credit - wholefedhomestead.com 
1.) Verification of Title Documents: 
Before you get too excite about this property, you need to calm down and do a proper verification of the title documents. You may have been told the property has a Certificate of Occupancy with such and such number of years left on the lease (you may even have a copy of same) but don’t take the seller’s word for it, do your independent search. This is extremely important. You may hire a qualified lawyer to handle this process for you (this is advisable) or do it yourself, if you so wish. But this is where you will find out if there is any encumbrance on the property and any other hidden secrets there may be.

Friday, 30 September 2016

FIVE EASY WAYS TO HANDLE LAND USE CHARGE MATTERS IN LAGOS, NIGERIA


When it comes to Land Use Charge (LUC) matters in Lagos Nigeria, many people are not smiling. If you have ever had an enforcement team of the Lands Use Charge Company pay you a visit on non compliance with the land Use Charge Act before, then you probably know what I am talking about.
Every year, bills are generated by the Lands Records Company (LRC) of Lagos (the outsources agency of the Lagos State Government with the sole mandate to discharge and apply the 2001 Land Use charge law of Lagos) based on the assessments done for every property in Lagos Nigeria and circulated to all property owners in Lagos. This is usually done between January and February of every year.
Once you have your bill, your next course of action should include one or some of the following:

Thursday, 29 September 2016

‎NATIONAL AGRICULTURAL LAND DEVELOPMENT AUTHORITY DECREE OF 1992


National Agricultural Land Development Authority Decree of 1992:
  • - Established in the Presidency the National Agricultural Land Development Authority. The management of the Authority shall be vested in a Governing Board. The objectives of the Authority shall be to: provide strategic public support for land development; promote and support optimum utilization of the country’s rural land resources for accelerated production of food and fibre; encourage and support economic-size farm holdings and promote consolidation of scattered fragment holdings; encourage the evolution of economic-size rural settlements; provide gainful employment opportunities for rural people, raise rural incomes and improve on the general living standards in rural areas; expand productive capacity in agriculture and regain export capability in traditional and non-traditional crops.
For each Local Government Area of a state and the Area Councils of the Federal Capital Territory, Abuja, a Local Government Project Implementation Advisory Panel is established under the control of the Authority

Wednesday, 28 September 2016

THE IMPACT OF A FLEXIBLE FOREX MARKET ON REAL ESTATE DEVELOPMENT IN NIGERIA

‎ Housing has been considered as one of the most important basic needs of man. Hence, real estate development has overtime become a huge business globally. In Nigeria, the investment in real estate development has grown over the years, as Nigerians have conceived the importance and dignity of having a place to be called their 'homes'. According to a recent Report on real estates, high net worth individuals invest 25 per cent of their assets in real estates, compared to 18 per cent or less in equities and other instruments.
According to another report by the National Bureau of Statistics (NBS), the real estate sector grew by 5.9% and contributed 8.37% to the gross domestic products (GDP) in the 4th quarter of 2014 alone, and the whole sector was valued at USD$9.16billion in that same year. The sector experienced significant growth in 2015 having a sector value of USD$11.36billion, and is expected to grow further, with a projected value at USD$13.65billion in the year 2016.

Tuesday, 27 September 2016

AN OVERVIEW OF HOTEL AND CATERING LAW


The hotel and catering industry is one the world’s fastest growing industry and revenue earner. It has developed rapidly over the last decade and employs approximately 10% of the world labour force. The hotel industry is an essential part of tourism. With the growth in tourism, hotels have seen rapid expansion as well. The standards of hotels are rising and trained professionals are in great demand.
Hotels are establishments that provide paid accommodation and other services to guests. Hotels have come a long way and developed into a specialized business sector. The aspect of law regulating the hotel and catering industry is generally known as hospitality law. Hospitality law is the body of law relating to the foodservice, travel, and lodging industries. It governs the specific degrees of hotels, restaurants, bars, spas, country clubs, etc. Hospitality law does not just involve one area of law.

Monday, 26 September 2016

LAND USE (VALIDATION OF CERTAIN LAWS, ETC) ACT OF 1979


Land Use [Validation of Certain Laws, etc.] Act of 1979 :

- Regularizes the issuance of regulations by state governments pursuant to the Land Use Act.

- All laws and subsidiary legislation made at any time between the commencement of the Land Use Act and 30 September 1979 by any public officer of a state shall be deemed to have been validly made and shall have effect as if they had been made under or pursuant to the Land Use Act and accordingly, shall hereafter continue to have effect according to their tenor and intendment as if they were regulations made under or pursuant to Section 46 of that Act.

- All contracts and all executive, judicial and any instrument or other evidence relating to the allocation of any land, whether or not expressed to have been made under the Land Use Act, shall be deemed to have been validly issued or given under or pursuant to that Act and shall continue to have effect.
Land Use Act 1979
Credit - pulse.ng 

Sunday, 25 September 2016

WHAT A MOTHER TOLD HER SON A DAY BEFORE HIS WEDDING


Mummy’s boy, you are now a man. Tomorrow you will have a new mother, a new cook and a new person to share all your secrets with. It will no longer be me but her. Love your new mum even more than you love me. Before you walk into her arms forever, let me give you some words to guide you.

There was a day I was arguing with your father. We were screaming, Tempers were high. I was angry and He was angry. Then I called him an idiot! He was shocked, He looked at me asking how dare I call him that, Immediately started calling him idiot, fool, stupid, crazy, I called him all sort of name. Guess what he did? He didn’t raise his hands to hit me. He just walked away, banging the door as he went out.

My Son, If your father had hit me and destroyed my eyes, how will you feel sitting here with me today? How will you regard him as your father? Would you have been proud of him or would you be blaming me for calling him names? Never hit your wife! No matter the provocation just walk away and things will be normal. Whenever she offends you, think of this story I just told you, it could have been your mum!

Saturday, 24 September 2016

WORD BANK : Wait for the final whistle

My people, I watched a local football match in a school playing ground. As I sat down, I asked one of the boys what the score was.

With a smile, he replied; "They are leading us 3-0" !
And I said, REALLY!!

I have to say you don't look discouraged.

"Discouraged?" the boy asked with a puzzled look ...

Why should I be discouraged when the referee has not blown the final whistle?

I have confidence in the team and the managers; We shall definitely overcome!

Truly, the match ended 5-4 in favor of the boy's team!

Friday, 23 September 2016

WHY ANTI LAND GRABBING LAW WILL WORK IN LAGOS STATE 

Deputy Majority Leader,Lagos State House of Assembly, Mr. Olumuyiwa Jimoh, who is representing Apapa II, speaks to Vanguard on the newly enacted law criminalising land grabbing in the state.
What is the significance of the land grabbing law?
The land grabbing law is important in so many ways. Hitherto, there was a law that addressed the issue of land grabbing but not directly the way this particular law has done. We had Lagos State Criminal Procedure Law, which is general but considering that Lagos is a megacity and the rate of demand for land and property, we needed to address the problem. We discovered that there is a cartel, which has become so sophisticated in grabbing other peoples’ lands. That is what prompted the House to pass the law addressing directly the issue of land grabbing in Lagos and the law was well accepted by the people because it addresses the fundamental issues. There have been series of controversies between land owners or buyers or people invading another person’s land and with this law, it means that if you get land adequately receipted and documented, it will be difficult for anybody to confiscate your land because the issue of land grabbing has always been there from creation. Though there was a law that addressed the issue, but that very law was too general because it addresses all other criminal matters in totality. But this very law was specific on land grabbing, that is why it is an offence to invade other peoples’ land in Lagos.

Thursday, 22 September 2016

AMBODE ASKS COUNCILS TO SUBMIT 288 ADDITIONAL ROADS FOR CONTRUCTION

Governor Akinwunmi Ambode, Lagos State governor has directed sole administrators of the 57 councils to submit 288 additional roads (four from each  council) for construction  from 2017.
The Sole Administrator of Igando/Ikotun LCDA, Mr. Samuel Ajayi, broke the news yesterday at the inauguration of Osunba Street and Balogun Olanrewaju Road – two of the 114 roads, The Nation reports.
Mr. Samuel Ajayi, while confirming the receipt of the directive from Ambode, said the development was unprecedented in the history of Lagos.
Meanwhile, speaking through his representatives at the inauguration of some of the roads, Ambode warned residents to resist the temptation to convert any of the 114 roads to venue for commercial purposes or parking lot for abandoned vehicles.
The governor said conversion of the roads to other uses other than for motorists would reduce their lifespan.

Wednesday, 21 September 2016

AMBODE FLAGS OFF COMMISSIONING OF 114 LOCAL GOVERNMENT ROADS

‎ Lagos State Governor, Mr. Akinwunmi Ambode on Saturday flagged off a week long commissioning of 114 roads newly constructed in all the 57 Local Government Areas and Local Council Development Areas (LCDAs) in the State, with a pledge to commence the construction of second round of another 114 roads across the State soon. The construction of the inner roads, which is an initiative of the Ambode administration and in fulfillment of his campaign promise, was geared towards massive intervention on access and link roads, boost security and increase the socio-economic well-being of residents of the State.

Tuesday, 20 September 2016

ADVERT : BECOME A REGISTERED  ESTATE AGENT IN THE FEDERAL REPUBLIC OF NIGERIA

‎ ESTATE AGENTS

BE PREPARED TO SUBMIT AN APPLICATION TO BECOME A REGISTERED  ESTATE AGENT IN THE FEDERAL REPUBLIC OF NIGERIA.

Yes, It is true you have registered your real estate oufit with CAC but do you know that without a proper registration, estate agencies will remain largely unregulated? The business circle is so unregulated that it doesn't matter whether you are registered with CAC or not!

Do you wonder why LASG couldn't register 600 agents in Lagos State? It is because there has been no recognition for the estate agency profession as a mother-profession in real estate.

Come October 1st, THE INITIATIVE will be releasing the long awaited REAL ESTATE AGENT REGISTRATION APPLICATION forms via this forum for a nationwide subscription.

Monday, 19 September 2016

PHOTOS : 2016 CITY PEOPLE PROPERTY DEVELOPERS AWARDS 


City people magazine held it’s 2016 City People Magazine Property Developers Award in Lekki yesterday. The Governor of Lagos State was represented by the Commissioner of Housing in person of Hon. Gbolahan Lawal who gave the keynote address on behalf of Governor Akinwunmi Ambode. The Founder of  LAGOS PROPERTY LAWYER Barr. Emmanuel Adebayo ( IMAGIN) was also present although, he didn't get an award sadly. But, we are glad a friend of ours by name Femi Ayinuola was recognised for his support to the development of the Real Estate sector. Other awards went to Otunba Yemi Lawal, Merit Abode, Infitech and Associate Ltd, Adron Homes, Sparklight Property Development Company Limited, Megamound, Lashore, Able Global Resources Ltd, Yemi Idowu and The Address Home. Also present was Funke Adeshiyan, Barr. Benjamin (Beecell) as well as Prince Jide Kosoko. The  Property Awards, which was held to appreciate the realtors in the property industry that has extremely contributed to the development of the housing sector and to honour top property developers in Nigeria.

Sunday, 18 September 2016

WORD BANK


1. Make friends with successful people and occasionally buy them gift and surprise them with lunch because successful people always give and hardly get, so when you give them, they value the gift a lot.

2. Get a mentor and follow his instructions and respect the relationship. Never beg your mentor for money or disrespect his or her privacy.

3. Make new positive friends as often as possible and ensure you keep the communication line open. Create a network of friends and not just connections.

5. Show kindness to everyone. Some small boys today will be big boys tomorrow. The biggest dog in the neighborhood was once a puppy. And keep the information/secret to yourself.

6. Always plan ahead and be proactive. He that plans the future work less in the future.

Saturday, 17 September 2016

AMBODE APPROVES #740m TO COMPENSATE LEKKI FREE TRADE ZONE (LFTZ) LAND OWNERS

As part of efforts to douse tension and create a conducive atmosphere for businesses in areas bordering the Lekki Free Trade Zone (LFTZ), the Lagos State governor, Akinwunmi Ambode, has approved the release of N740,461,432.00, as compensation to the landowners.

Majorly affected this time are the host communities of the parcel B of the land acquired by the government, comprising Yegunda and Abomiti zones of the LFTZ and the Lekki-Epe International Airport site.

Rotimi Ogunleye, the state commissioner for commerce, industry and cooperatives, who disclosed this at a news conference on Thursday, said by the continuing payment of compensations to the communities, the government was assuring investors currently doing business within the zone and would-be investors of their safety and security.

Friday, 16 September 2016

 LANDLORD STABS TENANT TO DEATH 

A 35-year-old man, Bright Abraham has been killed by his landlord Gbade Metibemu in the Makoko area of Lagos State, on Thursday.

Lagos Metro gathered that Metibemu stabbed the Abia State indigene with a knife multiple of times, on his chest and neck during a disagreement.

Metibemu reportedly rushed to the Adekunle Police Station to report that his tenant was after him and wanted to kill him.

He was, however, detained at the station when angry neighbours of the deceased went to the station to report that Abraham had died at the hospital where he was taken to for treatment.

A tenant, who identified himself as Christian Nwankwo, said Metibemu was hot tempered, adding that he always fought with his tenants.

Thursday, 15 September 2016

LAND USE ACT (DECREE) OF 1978 


Land Use Act [Decree] of 1978, Chapter 202 Laws of the Federation of Nigeria:
- Addresses four important issues arising from the former land tenure systems in the country: the problem of lack of uniformity in the laws governing land use and ownership; the issue of uncontrolled speculation in urban land; the question of access to land rights by Nigerians on an equal legal basis; and the issue of fragmentation of rural lands arising from the application of traditional principles of inheritance and/or population growth and the consequent pressure on land.

- It approaches these issues via three related strategies: the vesting of proprietary rights in land in the State; the granting of usufructuary rights in land to individuals; and the use of an administrative system rather than market forces in the allocation of rights inland.

Wednesday, 14 September 2016

COMMON DISPUTES AND ESSENTIAL PROVISIONS IN A CONSTRUCTION CONTRACT IN NIGERIA

A Construction Contract ("the Contract") like every other contract spells out the terms upon which the parties bind themselves before, during and after a construction work ("the work"). For the work to meet the expectation of the Employer and for the Contractor to satisfactorily deliver the work, certain provisions must be included in the Contract to define the positions of the parties. This will not only enable the work to be completed within the stipulated period, it will also prevent unnecessary conflicts, waste of time and resources of the parties. Some of the provisions are discussed below.

Tuesday, 13 September 2016

LEGAL AND REGULATORY REQUIREMENTS FOR THE COMPULSORY ACQUISITION OF LAND IN NIGERIA 


Every citizen of Nigeria is empowered to acquire and own immovable property anywhere in Nigeria.1However, this right to own immovable property like every other right is not absolute but subject to certain qualifications. All land comprised in the territory of each state in Nigeria are vested in the governor of that state and such land shall be held in trust and administered for the use and common benefit of all Nigerians.2The right of every Nigerian to own land in any part of the country is therefore subject to the interests of the Governor and it shall be unlawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise without the consent of the Governor first had and obtained.3For every transaction creating an interest in land, the consent of the Governor must be first had and obtained.
The Governor may also revoke a right of occupancy for overriding public interest. What then can be classified as overriding public interest?The answer to this question can be viewed from two perspectives namely, in the case of astatutory right of occupancyor acustomary right of occupancy. Overriding public interest in the case of a statutory right of occupancy means the requirement of the land by the Government of the State or by a Local Government in the State. In either case, for public purposes within the State, or the requirement of the land by the Government of the Federation for public purposes of the Federation; the requirement of the land for farming purposes or for the laying of oil pipelines or for any purpose connected therewith.5On the other hand, overriding public interest in the case of a customary right of occupancy means the requirement of the land by the Government of the State or by a Local Government in the State, in either case for public purposes within the State, or the requirement of the land by the Government of the Federation for public purposes of the Federation; the requirement of the land for mining purposes or for the laying of oil pipelines or for any related purpose. The major difference between a statutory right of occupancy and a customary right of occupancy is that the former relates to lands in urban areas while the latter relates to lands in rural areas. Other grounds for compulsory acquisition include the requirement of the land for the extraction of building materials and the alienation by the occupier by sale, assignment, mortgage, transfer of possession, sub-lease, bequest or otherwise of the right of occupancy without the requisite consent or approval.6The acquiring authority is required to state one or a combination of the public purposes for which the Land was being acquired in his notice to the holder of a right of occupancy to enable the holder or occupier to challenge the acquisition. InOlatunji v. Military Governor of Oyo State7the Court of Appeal, per Salami JCA (as he then was) held as follows:
4

Monday, 12 September 2016

EID MUBARAK !!!


Eid Mubarak
Credit - freepik.com 
Wishing All Our Muslim Friends a Happy Celebration on this Unique Eid Ul- Adha. 
May Almighty Allah be with you.

Thanks.

FOUNDER, LAGOS PROPERTY LAWYER 

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REVIEWS and CAVEAT : We hope you have found this information helpful. Please note that this information is provided for general informational purposes only and is not intended to be legal advice. No lawyer-client relationship is formed nor should any such relationship be implied. Any post, article, or comment or opinion expressed is not intended to substitute for the advice of a qualified lawyer, but that of the individual who made the contribution. If you require legal advice, please consult with a qualified lawyer. If you need assistance in contacting a lawyer, you may contact us via email emmanadebayo@gmail.com and we would be glad to match you with a lawyer who meets your requirements.  Send in all your property briefs: Request | Letting | Sale | Lease | Warehouse | Land We deliver at a swift pace! ‎ ‎ ‎

Sunday, 11 September 2016

NIGERIA EXPORTS RELIGION, INDIA EXPORTS CARS

By Azuka Onwuka

The biggest country in Africa that the United Kingdom colonized is Nigeria. The biggest country that the United Kingdom colonized in Asia is India (which then comprised the present Pakistan and Bangladesh).

When the UK came into Nigeria and India, like all other countries they colonized, they brought along their technology, religion (Christianity), and culture: names, dressing, food, language, etc. Try as hard as the British did, India rejected the British religion, names, dressing, food, and even language, but they did not reject the British technology. Today, 80.5 per cent of Indians are Hindus; 13.4 per cent Muslims; 2.3 per cent Christians; 1.9 per cent Sikhs; 0.8 per cent Buddhists, etc. Hindi is the official language of the government of India, but English is used extensively in business and administration and has the status of a “subsidiary official language.” It is rare to find an Indian with an English name or dressed in suit.

Saturday, 10 September 2016

TRADITIONAL AUTHORITIES AND CUSTOMARY INSTITUTIONS

Chiefs, clan heads, lineage heads, family heads, indigenous communities and landowning families acting through their representatives govern land in customary areas. Through them, customary land is held in trust for future generations.

Friday, 9 September 2016

ADVERT: LABADE FURNITURE COMPANY LIMITED (LFC)

LABADE FURNITURE

Labade Furniture Company Limited (LFC) was established in 2005 to carry out businesses such as supply of furniture items, production of doors and frames, metal and wooden furniture work, home and office furnishings, exportation and importation of related furniture works with rich human resources comprising of seasoned design architects, experienced carpenters, machinist and specialist in various areas of furniture works. 

What are you waiting for?

Get your exquisite furniture now at good prices such as :

1) Arc Panel Bed 6' x 6' @ #180k

2) Bookshelf (3 doors) @ #80k

3) Carved Sofa- full set @ #570k

4) Centre Table, 4 Stools (wooden) @ 60k

5) Centre Table, 4 Stools (glass framed) @ #65k

6) Complete Panel Door @ #60k

7) Complete Flush Door @ #55k

8) Dinning Set for 6 people @ #170k

9) Executive Table with extension @ #110k

10) Fabric Sofa @ #205k

11) Horseleg Dressing @ #52k

12) Kitchen Cabinets (wall) 1 metre @ #53k

13) Kitchen Cabinets (base with granite top) 1 metre @ #71k

14) Leather Sofa @ #335k

15) Maxwell Dressing with stool @ #65k

16) Office Bookshelf @ #65k

17) Open Cabinet @ #55k

18) Oval Dinning for 6 wood top with elegant chairs @ #170k

19) Reading Table / Chair @ #53k

20) Relax Chairs (1 each) @ #72k

21) Round Glass Dinning for 4 @ #150k

22) Sideboard @ #75k

23) Sitting Room Shelf @ #115k

24) Square Glass Dinning for 4 @ #150k

25) Table Dressing with Mirror @ #60k

26) TV Stand @ #55k

27) Wardrobes per square metre @ #55k

28) Workstation for 4 @ #134k

Thursday, 8 September 2016

ACQUISITION OF PROPERTY POST EXECUTION OF A WILL

Perchstone & Graeys states that one of the foremost desires of most property owners is to be able to decide the manner in which their real and personal property will be disposed upon their passing. To achieve this people are advised to prepare a Will as early as possible; while they are both physically and mentally able to. By so doing they are afforded the opportunity of achieving a positive demonstration of their succession wishes. Where the property owner has made a Will, his Executors need only obtain a grant ofprobate; legally authorizing them to distribute the testator's property and give effect to carry out his other wishes relevant to his estate.
Oftentimes after a testator has prepared his Will however, what he goes on to do, deliberately or otherwise, is to accumulate more wealth; properties and other items of value.

Wednesday, 7 September 2016

FOR SALE: Akute Commercial Property @ #25m

This is a building consisting of 24 shops and 2 warehouses sitting on one and a half plot of land at lambe akute side , with C of O

DISCREPANCIES / GAPS BETWEEN STATUTORY AND CUSTOMARY LAWS

Although the Married Women’s Property Act of 1882 gives women married under statutory law the right to acquire, hold or dispose of property and the Matrimonial Causes Act provides that they have a share of family property in the event of divorce on equity grounds, women are unable to enforce property rights in a court of law because of ignorance of such rights, lack of financial security and the fear of antagonizing their in-laws.

Women married under customary law do not have equal rights in matters of marriage, dissolution, inheritance and right of property.

Women can own land if they buy, inherit or are given it by their husbands; however, they lose the right to farm lands upon divorce.

Although statutory laws exist to outlaw some of the many discriminatory customary and religious practices, such as female genital mutilation or purdah, in practice, enforcement is negligible.

Although women might inherit property from their deceased husband through statutory law, in most cases, property is distributed among the husband’s dependants in accordance with the customary law applicable to him before he died.

Tuesday, 6 September 2016

FEDERAL MORTGAGE BANK OF NIGERIA (FMBN)

The Federal Mortgage Bank of Nigeria (FMBN) was established in 1956, known then as the Nigerian Building Society (NBS), a joint venture of the Commonwealth Development Corporation and the Federal and Eastern Governments of Nigeria.

Following the introduction of the Indigenisation Policy, the Federal Government, by Indigenisation Act 1973, undertook 100 percent ownership acquisition of the NBS and consequently renamed it the Federal Mortgage Bank of Nigeria (FMBN).

The Bank operates as an effective vehicle for increasing the mobilisation of long-term funds, lending volume and expansion of mortgage lending services to all segments of the Nigerian population.

Monday, 5 September 2016

JOINT OWNERSHIP IN CONTEXT OF MARRIAGE



In the course of marriage, it is common for couples to jointly acquire property as their matrimonial home. They may do so in their individual names or by using both of their names (for example, Mr. & Mrs X). However, in the unfortunate event that the marriage falls apart, some of the disputes that arise with regards to properties usually revolve around who is entitled to keep or dispose of the properties acquired during marriage. This month's edition of the Private Client Update (PCU) will consider some issues surrounding entitlement to landed property jointly acquired and owned in the course of marriage and what happens when the marriage falls apart.
In other to appreciate this piece, it is important to understand what Joint ownership entails. Joint ownership as the name implies is a form of ownership of the same property by two or more persons, in this case, a husband and wife. Under joint ownership, a husband and wife share equal ownership of the property and have the equal undivided right to keep or dispose of the property.

Sunday, 4 September 2016

RIGHT TO INHERITANCE

In most parts of Nigeria, female children are still discriminated against on issues of inheritance. With the decision in Mojekwu v. Mojekwu, in which the Court of Appeal declared the ‘oli-ekpe’ custom of Nnewi which permits the son or the brother of a deceased person to inherit his property to the exclusion of his female children as discriminatory, it was expected that discrimination against women and the girl child on the issue of inheritance would end. This is definitely not the reality, probably because the decision has not gained nationwide popularity and poverty prevents women from going to court to assert their rights.

Saturday, 3 September 2016

MARRIAGE, SEPARATION, DIVORCE AND WOMEN’S PROPERTY RIGHTS

Credit - natural-justice.blogspot.com 
Although Article 7 of the Protocol to the Charter on Human and Peoples Rights on the Rights of Women in Africa provides for both parties of a marriage to enjoy equal rights within and after the marriage, in issues of custody and access to an equitable share of the joint property deriving from the marriage, this is not the case. Three forms of marriages are recognized in Nigeria – Customary, Islamic and Marriage under the Act. The reality of women married under Customary and Islamic law has not yet been affected by the protocol. A woman married under customary law is entitled to be provided with a home by her husband as long as the marriage subsists. She is also entitled to use her husband’s property but cannot dispose of it as her own. The right to be provided with a house by her husband terminates upon divorce. Upon divorce, a woman married under customary law has no claim over a house jointly owned by her husband. Her position is not helped by the

Friday, 2 September 2016

CEMENT PRICE RISES BY 44% hitting N2,300 PER BAG

Dreams of lower construction costs by prospective homeowners might have become a nightmare, going by fresh increase in the price of cement products by manufacturers.

The development has already triggered a ripple effect in the open market, with prices going up by about 44 per cent in few days.
Investigations revealed that operators under the Cement Manufacturers Association of Nigeria (CMAN) have raised prices of brands by N600 per bag in factories, including additional N100 cost for haulage. This has increased retail prices from N1,600 to N2,300 depending on location. In some areas, prices have shot up to N21,350 or higher.
Members of the CMAN include Dangote Cement Plc, which is emerging as a market leader and has factories in Gboko, Benue State; Obajana, Kogi State; and Ibeshe, Ogun State.
Other are: Lafarge Cement WAPCO Plc; Cement Company of Northern Nigeria Plc; Ashakacem Plc and Cross-River based United Cement Company.
Vice President, Nigerian Institute of Building, Kunle Awobodu, told The Guardian: “This is going to create crisis in the construction sector and bad blood between clients and contractors, as developers will make claims for fluctuations.

Thursday, 1 September 2016

SUPREME COURT RULES IGBO GIRLS CAN INHERIT PROPERTY

The Supreme Court recently delivered a landmark judgment that will alter the domination, subjugation, discrimination and humiliation suffered by women in Igboland from time immemorial. In the judgment, the apex court voided the Igbo law and custom, which forbids daughters from inheriting their late fathers’ estate. The Court declared that the tradition is discriminatory and conflicts with the provisions of the Nigerian Constitution.

The court held that the practice conflicted with Sections 42(1)(a) and (2) of the 1999 Constitution of the Federal Republic of Nigeria on the fundamental freedom from discrimination granted every Nigerian. The judgment was on appeal marked: SC.22/2014 filed by Mrs. Lois Chituru Ukeje (the wife of the late Lazarus Ogbonna Ukeji) and their son, Enyinnaya Lazarus Ukeje, against Mrs. Gladys Ada Ukeje, the deceased’s daughter.

Wednesday, 31 August 2016

LAGOS PROPOSES A REGIONAL MASTER PLAN FOR IKORODU

The upgrade of Ikorodu township, a rapidly expanding settlement in Lagos State, to a contemporary eco-city development is in top gear as the government’s consultant has unveiled a new and ambitious programme to review the city’s spatial dynamics.

The coming master plan hopes to cover a period of 20 years from 2016 to 2036. So far, the State’s Ministry of Physical Planning and Urban Development has completed and published six model city plans of Alimosho, Apapa, Agege/Ifako, Mainland, Ikoyi-Victoria Island, Badagry and Lekki for the use of professionals in the built environment and the public.

Tuesday, 30 August 2016

PREVAILING SYSTEMS OF LAND TENURE

‎ At present, most of the land in the country is for leasehold and the governor of the state may grant statutory rights of occupancy for 99 years. Indigenous areas are governed by customary land tenure.

Rent is fixed at the governor’s discretion. Certificates apply to urban or rural land and must be approved by the governor.

Customary certificates of occupancy are administered by local government councils and apply solely to rural land. Any certificate may be revoked by the governor under compulsory acquisition. By holding a certificate, one is entitled to compensation for existing improvements on the acquired land. The law stipulates that land sales, mortgages and subleases can be transacted only with the approval of the governor.

Monday, 29 August 2016

WORD BANK : POISON FOR HUSBAND

Last month my neighbour went to complain to her

mother!


*Daughter:* Mom, I can not stand my husband. I want to kill him but I don't have the courage to do it, Can you help me?please!


*Mother:* Yes my daughter, I can. But there is a small problem . You will be forced to make peace with him first so that none will suspect you for his death. You are going to be so much good and kind to him, take care of him.


Be romantic, grateful, patient, loving, submissive to him. See him as your kid not your mate or subject... be less selfish, more just, more listening to him, take all the rubbish from him, don't nag or criticize him.

Sunday, 28 August 2016

CUSTOMARY NORMS, RELIGIOUS BELIEFS AND SOCIAL PRACTICES THAT INFLUENCE GENDER - DIFFERENTIATED LAND RIGHTS

  • There are as many customary laws in the country as there are communities. In most communities, women are not entitled to land in their own right under the customary law that operates in most of the indigenous areas.
  • Three marriage types are recognized in the country: customary, religious and civil law marriages. In customary law marriages, the wife is often regarded as the man’s property and she is generally not expected to entertain any measure of equality in whatever form. She cannot avail herself of the benefits enjoyed by a woman married under the Marriage Act. Upon her husband’s death she is more likely to be dispossessed. This is not the case with a man who upon the death of his wife inherits all of her properties.
    Credit - newcenturyindialaw.blogspot.com 

Saturday, 27 August 2016

INHERITANCE / SUCCESSION DE FACTO PRACTICES

Almost all ethnic groups practise patrilineal inheritance. Upon a man’s death, land may be divided among his male heirs or passed down solely to the eldest son, depending on the community practice. If a man has multiple wives, his land is divided equally among the wives and passed down to their sons. Women rarely inherit land, usually only if there are no male heirs. Inheritance is by far the most common mode of land acquisition among rural people.

A case study in the Enugu area reported that the most common channel through which women household heads acquired property was through inheritance from their spouses. When there was no will, women’s inheritance rights were governed by the type of marriage, customary or statutory, that was contracted between spouses. Very often it happened that the properties of the deceased were distributed among his dependants in accordance with the customary law applicable to him before he died. In most cases, these customs were unfavourable to women.

Friday, 26 August 2016

INHERITANCE LEGAL MECHANISMS

Under the Marriage Act of 1990, in the event of the death of her husband intestate, a woman is entitled to a certain percentage, at least one-third, of the deceased’s estate.

Credit - womenshistory.about.com 
- The Administration and Succession [Estate of Deceased Persons] Law of 1990 Cap. 4, Revised Laws of Anambra State Volume 1 provides that in no case shall a wife or the daughters of a deceased not get what they are entitled to receive merely because they are women.

Thursday, 25 August 2016

WOMEN'S PROPERTY AND USE RIGHTS IN PERSONAL LAWS

‎The system of marriage laws, which includes customary, Islamic and statutory marriage, has resulted in a plurality of legal provisions and precedents regarding property rights and inheritance.

Married Women’s Property Act of 1882:
- Under statutory marriage, the Act gives women the right to acquire, hold or dispose of property acquired before or after marriage. Upon divorce, women’s rights may be enforced through the court processes.

Tuesday, 23 August 2016

PRIMARY MORTGAGE INSTITUTIONS

A Primary Mortgage Institution [PMI] shall be construed as any company that is licensed to carry out mortgage business in Nigeria.

Mortgage business shall include the following:

granting of loans or advances to any person for the building, improvement or extension of a dwelling/commercial house;

granting loans and advances to any person for the purchase or construction of a dwelling/commercial house;

Acceptance of savings and deposits from the public and payment of interest thereon;

management of pension funds/schemes;

Monday, 22 August 2016

FEDERAL HOUSING AUTHORITY (FHA)

Background
The Federal Housing Authority (FHA), a wholly owned agency of the Federal Government of Nigeria, was established vide Decree 40 of 1973 now cited as Act CAP F-14 Laws of the Federation of Nigeria 2004. The Authority is supervised by the Federal Ministry of Lands, Housing and Urban Development. The Authority which became partially commercialized in accordance with Decree No 25 of 1988 is charged with:
  • The preparation and submission from time to time, to the Government of proposals for National Housing Programmes;
  • The making of recommendations to the Government on such aspects of urban and regional planning, transportation, communication, electric power, sewage and water supply development as may be relevant to the successful execution of housing programmes approved by the Government; and
  • The execution of such housing programmes as may be approved by the Government.

Sunday, 21 August 2016

PROVISIONS OF THE LAGOS STATE PROPERTIES PROTECTION LAW 2016

Though not restricted to the commercial city of Nigeria, Land grabbing has always been a big issue in Lagos state. Property investors were not protected under the law and were being taking advantage of by the popularly called “Omo Onile”, meaning in loose terms “Children of the land” and their sponsors, or privileged individuals who used force, threats and sometimes violence to unscrupulously take possession of land or property belonging to other persons. It is common to see or hear of a crowd of young men gather at the sites of undergoing private construction demanding for unaccountable levies and fines.

To say, these unlawful actions have plagued the real estate industry in Lagos and other parts of Nigeria, is to put it mildly. Sometimes, law enforcement agencies are also powerless to aid or act in certain situations. The property divisions of the law courts are filled with claims bothering on forceful and unlawful possession of land or property and have been in court for quite some time.

Saturday, 20 August 2016

DRAW RULES WITH LAGOS HOMS MORTGAGE (Part 2)

THE DRAW RULES

There shall be in respect of Lagos HOMS a periodic Draw of such number of homes as may be from time to time available for pre-qualified applicants under the Scheme.
There shall be a pre-qualification exercise prior to every Draw and only pre-qualified applicants shall be eligible to participate in the Draw. Pre-qualification for the Draw shall be based on certain conditions including proof of being a first-time buyer (“FTB”); age; proof of income; evidence of payment of tax for five (5) years preceding the date of the application and such other requirement(s) as may be set from time to time by the Lagos State Mortgage Board.
Only pre-qualified applicants shall be eligible to participate in the Draw.

Friday, 19 August 2016

LETTING: 3 bedroom flat with pool and gym in an Estate at Maryland Ikeja

This is a lovely built 3 bedroom flat for rent in Shonibare Estate, along Bank Anthony way, Maryland in Ikeja with bq, pool and gym. Suitable for expatriates 

 Rent: N4.5M

 Service Charge: N2M per annum

Swimming Pool