The Land Buying Agreement is a crucial document in Nigerian real estate transactions, designed to facilitate the legal transfer of land ownership while ensuring compliance with federal and state regulations. It is used when any individual or entity wishes to purchase land in Nigeria, requiring careful consideration of the Land Use Act 1978, which vests all land in the state governors. The agreement must address unique aspects of Nigerian land law, including obtaining governor's consent, proper registration, and respecting traditional land rights where applicable. This document is essential for documenting the terms of sale, protecting both parties' interests, and ensuring the transaction meets all legal requirements for land transfer in Nigeria. It typically includes comprehensive property details, payment terms, warranties, and necessary government approvals.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and contact details
2. Background: Context of the transaction including brief description of the property and intention to sell/purchase
3. Definitions: Key terms used throughout the agreement including 'Property', 'Completion Date', 'Purchase Price', etc.
4. Property Details: Comprehensive description of the land including boundaries, measurements, and registration details
5. Purchase Price: The agreed price and payment terms including deposit and balance payment schedule
6. Conditions Precedent: Conditions that must be met before the sale can proceed, including title verification and government approvals
7. Seller's Representations and Warranties: Seller's guarantees regarding ownership, absence of encumbrances, and authority to sell
8. Completion: Process and requirements for completing the transaction, including documentation and handover procedures
9. Title and Registration: Provisions regarding transfer of title and registration requirements under Nigerian law
10. Costs and Taxes: Allocation of transaction costs, stamp duties, and registration fees
11. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
1. Development Restrictions: Include when the land is subject to specific development restrictions or zoning requirements
2. Environmental Provisions: Include when environmental assessments or specific environmental obligations are required
3. Traditional Rights: Include when the land is subject to traditional or community rights that need to be addressed
4. Agricultural Use: Include when the land is agricultural and subject to specific usage requirements
5. Mining Rights: Include when mineral rights need to be specifically addressed
6. Access Rights: Include when there are specific provisions needed for access to the property
7. Future Development: Include when there are specific plans or restrictions for future development
1. Property Description Schedule: Detailed technical description of the property including survey plans and coordinates
2. Title Documents: List of all title documents and historical ownership records
3. Payment Schedule: Detailed breakdown of payment terms and installments if applicable
4. Land Use Approvals: Copies of relevant government approvals and permits
5. Survey Plan: Official survey plan and property measurements
6. Photographs: Recent photographs of the property and its boundaries
7. Environmental Reports: Any environmental assessment reports if applicable
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