2025-06-03

  • Land Law
  • Banking and Finance Law
  • Administrative Law

A Legal Theory Of Mortgage And Land Transactions Under The Land Use Act 1978 In Nigeria: Issues And Challenges

Article by Busari Morufu Salawu

Abstract

The use of land as securities for mortgages appears more desirable for lenders because its value increases over a period and it cannot be shipped out of jurisdiction. This paper undertakes an overview of mortgage theories, examines their applications to mortgage transactions under the Nigeria’s Land Use Act 1978 and identifies and appraises challenges to their use. Although the Nigerian mortgage industry is still developing, due to a legal complexity in the sector, intermediate theory provides a strong base for its operation because of its adoption of principles of title and lien theories. Contentious provisions in the Land Use Act, such as the consent clause deemed grantee, and the half hectare clause are recommended for amendment for easy mortgage transactions.

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