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Post Possession Agreement for Nigeria

Post Possession Agreement Template for Nigeria

A Post Possession Agreement under Nigerian law is a crucial legal document that governs the relationship between a property seller and buyer during the period between the buyer taking possession of the property and the final completion of the sale transaction. This agreement, governed by Nigerian federal and state property laws, particularly the Land Use Act, establishes the rights, obligations, and responsibilities of both parties during this interim period. It addresses key aspects such as payment terms, property maintenance, risk allocation, insurance requirements, and the conditions for final transfer of title, while ensuring compliance with Nigerian property registration and transfer requirements.

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Post Possession Agreement

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What is a Post Possession Agreement?

The Post Possession Agreement is a vital legal instrument in Nigerian property transactions where a buyer takes possession of a property before the completion of the sale process. This scenario commonly arises in situations involving installment payments, pending mortgage arrangements, or ongoing administrative processes such as governor's consent or title perfection. The agreement protects both parties' interests during this interim period by clearly defining possession rights, payment obligations, property maintenance responsibilities, and risk allocation. It must comply with Nigerian federal and state property laws, particularly the Land Use Act, and includes provisions for insurance, utilities, maintenance, and default remedies. This document is especially crucial in Nigeria's property market where completion of property transactions can be prolonged due to administrative requirements and payment structures.

What sections should be included in a Post Possession Agreement?

1. Parties: Identification of the seller and buyer, including full legal names, addresses, and registration details if companies

2. Background: Context of the transaction, including property details, reference to the main sale agreement, and circumstances leading to post-possession arrangement

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Possession Date', 'Completion Date', and other relevant terms

4. Possession Terms: Detailed terms of possession, including date of possession, condition of property at possession, and acknowledgment of receipt

5. Payment Provisions: Outstanding payment details, installment schedule, payment methods, and consequences of default

6. Seller's Obligations: Ongoing obligations of the seller during the post-possession period, including completion of documentation

7. Buyer's Obligations: Responsibilities of the buyer while in possession, including maintenance, insurance, and compliance with regulations

8. Risk and Insurance: Allocation of risk and insurance requirements during the post-possession period

9. Default and Remedies: Consequences of breach by either party and available remedies

10. Termination: Circumstances under which the agreement can be terminated and consequences

11. Governing Law: Specification of Nigerian law as governing law and relevant jurisdiction

12. Execution: Signature blocks and execution formalities

What sections are optional to include in a Post Possession Agreement?

1. Utilities and Outgoings: Used when there needs to be specific arrangements for transfer or payment of utilities and other property-related expenses

2. Alterations and Improvements: Include when the buyer wishes to make changes to the property during the post-possession period

3. Third Party Rights: Required when there are existing tenants or other third-party interests in the property

4. Environmental Matters: Include for properties with specific environmental considerations or obligations

5. Assignment and Subletting: Used when there's a need to address whether the buyer can transfer rights or sublet during the post-possession period

6. Force Majeure: Include when specific provisions for unforeseen circumstances affecting the agreement are needed

What schedules should be included in a Post Possession Agreement?

1. Property Description: Detailed description of the property including boundaries, title details, and any exclusions

2. Payment Schedule: Detailed breakdown of outstanding payments, dates, and amounts

3. Inventory: List of fixtures, fittings, and contents included in the possession

4. Condition Report: Detailed report of the property's condition at the time of possession

5. Outstanding Works: List of any works to be completed by the seller after possession

6. Required Insurance: Details of insurance requirements during the post-possession period

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions

































Clauses






























Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Legal Services

Insurance

Manufacturing

Retail

Hospitality

Healthcare

Education

Industrial

Relevant Teams

Legal

Real Estate

Property Management

Facilities

Risk and Compliance

Corporate Affairs

Operations

Finance

Asset Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Contract Manager

Property Developer

Facilities Manager

Risk Manager

Compliance Officer

Real Estate Investment Manager

Property Acquisition Manager

Corporate Counsel

Title Officer

Real Estate Transaction Coordinator

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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