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VOL. 2, ISSUE 1 (2026)
An analysis of alienation of property In Nigerian Law
Authors
Y S Uthman
Abstract
Property alienation constitutes a fundamental aspect of ownership
rights in Nigerian jurisprudence, encompassing the transfer of interests through
various mechanisms including sales, gifts, mortgages, leases, and testamentary
dispositions. This article provides a comprehensive examination of the legal
framework governing such transfers, analyzing the interplay between statutory
provisions, customary law, and judicial pronouncements that collectively define
the parameters within which property rights may be transferred in Nigeria. The
research explores how historical developments, particularly colonial
interventions and post-independence legislative reforms, have shaped
contemporary alienation practices. Central to this analysis is the Land Use Act
of 1978, which fundamentally restructured property ownership and introduced
requirements that significantly impact the freedom to alienate property. The
study examines various forms of alienation across different legal regimes,
considering both formal statutory procedures and persistent customary
practices. Through analysis of relevant case law and legislative provisions,
the article illuminates the complexities inherent in Nigeria's dualistic
property system and considers the practical implications for property
transactions. The research reveals how courts have interpreted alienation
provisions and balanced competing interests in property disputes. This analysis
contributes to understanding the Nigerian property law landscape and the legal
requirements that govern the transfer of property rights across different
contexts and communities throughout the federation.
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Pages:1-5
How to cite this article:
Y S Uthman "An analysis of alienation of property In Nigerian Law". World Journal of Multidisciplinary Research, Vol 2, Issue 1, 2026, Pages 1-5
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