REALWorld Law

Sale and purchase


Are special consents required for certain transactions (for example, consent by a spouse)?



In Nigeria, the Land Use Act provides that the consent of the Governor is required for any alienation or transfer of interest in real property. In practice, it is after completion of the transfer that consent is processed together with the registration of the deed of transfer.

The consent of a partner, joint or co-owner of the interests in real property must be sought for there to be a valid transfer of the title by a seller. A spouse who is a co-owner on the records of title in real property must give consent for any sale to be valid, otherwise spousal consent is not required.

Where the property is owned by a company, the resolution of the members or the directors of the company is necessary for the sale of the interests in the property. Furthermore, the newly passed Companies and Allied Matters Act 2020 provides that a major asset transaction must be approved by members of the Company at a general meeting. A transaction is a major asset transaction where it involves a purchase or sale or other transfer outside the usual course of the company’s business of the company’s property or other rights the value of which, on the date of the company’s decision to complete the transaction, is 50% or more of the book value of the company’s assets based on the company’s most recently compiled balance sheet.

A liquidator duly appointed for a company in liquidation, must give consent to any sale.

All named executors or administrators of an estate of a deceased and upon grant of letters of probate by the High Court must give consent for the transfer transaction to be valid.

Generally, where alienation of the interests in property is subject to the consent of the overlord or head-lessor with the right of reversion, any alienation of the interests or any portion of same must be with the consent as agreed in the agreement for the property.