An Inter Vivos Deed is a crucial legal instrument in Nigerian property law, used for transferring property rights or interests between living persons (inter vivos meaning 'between the living'). This document is essential when conveying real property, establishing trusts, or transferring other significant property interests in Nigeria. It must comply with strict legal requirements including proper execution, sealing, delivery, and registration under various Nigerian laws including the Land Use Act, Stamp Duties Act, and Property and Conveyancing Law. The deed requires careful drafting to ensure it includes all necessary elements such as proper party identification, clear property description, valid consideration, and appropriate attestation clauses.
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1. Parties: Detailed identification of the grantor/transferor and grantee/transferee with full legal names and addresses
2. Recitals: Background information establishing the context of the deed, including property ownership history and intention to transfer
3. Definitions: Definitions of key terms used throughout the deed
4. Operative Part: The actual words of transfer/conveyance using formal language required for deeds
5. Property Description: Detailed legal description of the property being transferred
6. Consideration: Statement of the consideration (if any) for the transfer
7. Covenants: Promises and warranties made by the grantor regarding title and property
8. Execution Requirements: Formal requirements for signing, sealing, and delivery of the deed
9. Attestation: Witness provisions and attestation clauses
1. Reservations: Used when the grantor wishes to reserve certain rights over the property
2. Conditions: Include when the transfer is subject to specific conditions
3. Powers of Attorney: Required when any party is acting through an attorney
4. Consent Clauses: Necessary when third-party consents are required for the transfer
5. Special Provisions: For any unique arrangements or requirements specific to the transaction
1. Property Schedule: Detailed technical description of the property including boundaries, measurements, and plans
2. Title Documents: List and copies of relevant title documents and certificates
3. Land Use Approvals: Copies of relevant government consents and approvals
4. Plans and Surveys: Survey plans and property drawings
5. Encumbrances Schedule: List of any existing charges, mortgages, or encumbrances affecting the property
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