Nigerian Bar Final (Bar Part II) Property Law Practice (Nigeria)

Under Section 1 of the Land Use Act 1978, in whom is all land comprised in the territory of each State in Nigeria vested, and in what capacity?

• AVested in the Governor of the State, to be held in trust and administered for the use and…
• BVested in the Federal Government of Nigeria, to be administered for the economic developm…
• CVested in the local government councils, to be held in trust for the indigenous land-owni…
• DVested in the traditional rulers (Obas, Obis, and Emirs), to be administered under custom…

In customary land transactions in Nigeria, what is the legal consequence of a sale of family land by the head of the family without the consent of the principal members of the family?

• AThe transaction is voidable at the instance of the non-consenting principal members.
• BThe transaction is void ab initio and cannot be ratified by any subsequent actions.
• CThe transaction is valid, provided the purchaser acted in good faith and without notice o…
• DThe transaction is voidable at the option of the head of the family within a reasonable p…

In customary land law in Nigeria, what is the legal effect of a sale of family land by the principal members of the family without the consent or participation of the head of the family?

• AThe transaction is void ab initio.
• BThe transaction is voidable at the instance of the family head.
• CThe transaction is valid if a majority of the principal members signed the transfer docum…
• DThe transaction is valid but subject to a right of redemption by the family head.

Under the Property and Conveyancing Law (PCL) 1959, which of the following is the mandatory legal instrument required to create or convey a legal estate in land?

• AA Deed
• BA written memorandum signed by the parties
• CA statutory declaration attested by a Notary Public
• DA Certificate of Occupancy registered at the Deeds Registry

Based on the conveyancing rule established in the case of Powell v. London and Provincial Bank, if the Donee of a Power of Attorney is required to execute a Deed on behalf of the Donor, how must the Power of Attorney itself be created?

• AIt must be created by a Deed.
• BIt must be created in writing and signed before a Magistrate.
• CIt must be registered under the Land Registration Law of the state.
• DIt must be orally declared in the presence of two independent witnesses.

Under Section 8(1) of the Conveyancing Act 1881, which of the following is correct regarding a Power of Attorney expressed to be irrevocable and given for valuable consideration?

• AIt cannot be revoked by the donor without the consent of the donee, and is not revoked by…
• BIt remains irrevocable for a maximum period of one year from the date of execution.
• CIt can be revoked at any time by the donor upon giving 30 days' written notice to the don…
• DIt is automatically revoked by the death of the donor, notwithstanding the consideration.

Under Section 9 of the Conveyancing Act 1881, a Power of Attorney may be expressed to be irrevocable for a fixed period, whether given for valuable consideration or not. What is the maximum statutory period allowed for such irrevocability?

• AOne year (12 months)
• BThree years
• CFive years
• DSix months

A Power of Attorney relating to land in Nigeria is executed in England. Which of the following forms of attestation raises a statutory presumption of due execution and genuineness under the Nigerian Evidence Act?

• AAttestation by a Notary Public under their official seal.
• BAttestation by a Solicitor of the Supreme Court of England and Wales.
• CAttestation by two British citizens resident in the United Kingdom.
• DAttestation by a Commissioner for Oaths in the United Kingdom.

A Power of Attorney contains an express clause authorizing the donee to execute deeds. The donee, without an express power of delegation in the instrument, appoints a sub-agent to sign a Deed of Assignment on behalf of the donor. What is the legal status of the Deed of Assignment signed by the sub-agent?

• AIt is invalid, because of the rule delegatus non potest delegare.
• BIt is valid, as the power to execute deeds implicitly includes the power to delegate exec…
• CIt is voidable at the option of the purchaser of the land.
• DIt is valid but subject to ratification by the original donor within 14 days.

Which of the following statements correctly describes the registration requirement for a Power of Attorney under the Land Registration Law of Lagos State 2015?

• AIt must be registered if it alienates or authorizes the donee to alienate an interest in…
• BIt is exempt from registration if it is executed between family members.
• CIt must be registered only if it contains a power to lease for a term exceeding 30 years.
• DIt is a voluntary document and registration does not affect its admissibility in court.

Under Section 6 of the Land Use Act 1978, which of the following rights of occupancy is a Local Government empowered to grant in respect of land in a non-urban area?

• AA Customary Right of Occupancy
• BA Statutory Right of Occupancy
• CA Deemed Right of Occupancy
• DA Temporary Occupancy License

Under Section 28 of the Land Use Act 1978, the Governor of a State may revoke a statutory right of occupancy. Which of the following is NOT one of the grounds defined as 'overriding public interest' for revocation?

• AThe neglect or refusal of the holder to pay the rent reserved or to accept the terms cont…
• BThe requirement of the land by the Government of the State or by a Local Government in th…
• CThe requirement of the land by the Government of the Federation for public purposes of th…
• DThe requirement of the land for mining purposes or for oil pipelines or any purpose conne…

Which of the following states of Nigeria is governed by the Conveyancing Act 1881 rather than the Property and Conveyancing Law (PCL) 1959?

• AEnugu State
• BOyo State
• CDelta State
• DOgun State

Under Nigerian corporate and land law, how must a Power of Attorney granted by a registered company incorporated under CAMA 2020 be executed to be considered valid?

• AIt must be executed under the common seal of the company and signed by a director and sec…
• BIt must be signed by the Managing Director in the presence of a notary public, without th…
• CIt must be approved by a special resolution of shareholders at an Annual General Meeting.
• DIt must be signed by any two principal officers of the company and registered at the High…

A Power of Attorney is executed by a donor who is illiterate. What is the mandatory legal requirement to make this Power of Attorney valid and admissible in a Nigerian court?

• AIt must contain an Illiterate Jurat, which explains that the content was read and explain…
• BIt must be signed in the presence of a High Court Judge who certifies the donor's literac…
• CIt must be accompanied by an affidavit of sanity sworn to by the donor's primary medical…
• DIt must be executed by the donor's eldest child on their behalf under a customary family…

Under Section 4 of the Statute of Frauds 1677, which of the following is correct regarding the enforceability of a contract for the sale of land in Nigeria?

• AThe contract must be in writing, or there must be a written memorandum or note thereof, s…
• BThe contract must be executed by deed under seal and witnessed by at least two legal prac…
• CAn oral agreement is fully enforceable in all circumstances, provided the purchase price…
• DThe contract must be registered at the Land Registry within 30 days of the agreement to b…

Which of the following documents is recognized in Nigerian conveyancing practice as a 'good root of title'?

• AA Deed of Gift executed in favor of the vendor, duly consented to and registered.
• BA registered Certificate of Occupancy issued to a holder under the Land Use Act 1978.
• CAn unperfected Deed of Assignment showing 30 years of uninterrupted possession.
• DA Will containing a specific devise of the property, without a grant of probate.

Why is a Certificate of Occupancy (C of O) issued under the Land Use Act 1978 not considered a good root of title under Nigerian case law (e.g., Ogunleye v. Oni)?

• AIt is only prima facie evidence of title and does not cure or override any pre-existing d…
• BIt is a temporary administrative document that expires automatically after 99 years.
• CIt cannot be registered at the Land Registry, making it inadmissible to prove legal inter…
• DIt is issued by the Governor who does not have the power to create a legal estate.

Under an open contract for the sale of land, what is the statutory period of title that a vendor is required to deduce under the Conveyancing Act 1881?

• A40 years
• B30 years
• C20 years
• D12 years

Under the Property and Conveyancing Law (PCL) 1959, what is the statutory period of title that a vendor must deduce under an open contract?

• A30 years
• B40 years
• C20 years
• D50 years

During the investigation of title, a purchaser's solicitor discovers that the property is subject to a registered mortgage that was not disclosed in the contract of sale. What is the appropriate immediate action for the purchaser's solicitor?

• ARaise a requisition on title requiring the vendor to discharge the mortgage on or before…
• BUnilaterally rescind the contract and sue the vendor for fraudulent misrepresentation.
• CApply to the High Court for an order of specific performance with abatement of price.
• DWithhold 50% of the purchase price and proceed to register the Deed of Assignment.

What is the legal effect of a purchaser entering into possession of the land before completion of a contract of sale without the express permission of the vendor?

• AThe purchaser may be deemed to have waived all requisitions on title and holds the land a…
• BThe purchaser automatically acquires the legal estate under the doctrine of adverse posse…
• CThe contract of sale becomes null and void for breach of a fundamental term.
• DThe vendor is barred from bringing any action for specific performance of the contract.

Under Section 22 of the Land Use Act 1978, whose consent is mandatory for the validity of any alienation of a statutory right of occupancy by way of assignment, mortgage, or sublease?

• AThe Governor of the State
• BThe Attorney-General of the Federation
• CThe Commissioner for Lands and Urban Development
• DThe Chairman of the Local Government Council

What is the legal consequence of a transaction alienating a statutory right of occupancy where the Governor's consent was not obtained?

• AThe transaction is null and void under Section 26 of the Land Use Act.
• BThe transaction is valid in equity but the legal estate remains with the vendor.
• CThe transaction is voidable at the option of the State Commissioner for Lands.
• DThe purchaser is liable to pay a fine but the transfer remains valid.

In the landmark Supreme Court case of Savannah Bank v. Ajilo, which of the following was established regarding the Governor's consent?

• AThe requirement of Governor's consent applies to both statutory rights of occupancy actua…
• BOnly rights of occupancy actually granted by the Governor require consent; deemed rights…
• CThe Governor cannot refuse consent if the transaction is between private Nigerian citizen…
• DConsent is not required for a mortgage transaction if the bank is a licensed commercial b…

Under the Stamp Duties Act, within how many days of the execution of a Deed of Assignment must stamp duty be paid to avoid penalty and interest charges?

• A30 days
• B60 days
• C90 days
• D14 days

Which of the following represents the correct legal sequence for the perfection of a deed transferring land in Nigeria?

• AGovernor's Consent, Stamping, and Registration.
• BStamping, Governor's Consent, and Registration.
• CRegistration, Governor's Consent, and Stamping.
• DStamping, Registration, and Governor's Consent.

Under what circumstances can a vendor's solicitor present an 'Epitome of Title' instead of an 'Abstract of Title' during the deduction of title?

• AAn Epitome of Title is presented when the documents of title are listed chronologically a…
• BAn Epitome of Title is only used when the vendor is a foreign national or corporation.
• CAn Abstract of Title is used only for customary land, while an Epitome of Title is used f…
• DAn Epitome of Title is used only when the title deeds have been lost or destroyed by fire.

If a contract for the sale of land is silent on the capacity in which the vendor is selling, what capacity is implied by law under the CA 1881 or PCL 1959, and what covenants are imported?

• AImplied to sell as 'Beneficial Owner', importing covenants for right to convey, quiet enj…
• BImplied to sell as 'Trustee', importing only a covenant that the vendor has not encumbere…
• CImplied to sell as 'Personal Representative', importing covenants of fitness for purpose…
• DNo capacity is implied, and the contract is void for uncertainty.

What is the legal effect of a contract for the sale of land that does not specify the purchase price, even if it is signed by both the vendor and the purchaser?

• AIt is unenforceable under the Statute of Frauds and contract law, as the price is an esse…
• BIt is valid, and the court will imply a reasonable price based on market value.
• CIt is valid as an option contract, allowing the purchaser to fix the price later.
• DIt is voidable at the option of the vendor only.

A purchaser's solicitor conducts a search at the Land Registry and discovers a 'caution' registered against the property. What is the legal purpose and effect of a registered caution?

• AIt is a temporary restriction that prevents any dealings with the land without notice bei…
• BIt operates as a permanent injunction that completely prevents the vendor from alienating…
• CIt represents a financial lien that automatically transfers 20% of the land value to the…
• DIt is a warning to the public that the vendor has been declared bankrupt by a court.

An agreement for the sale of land contains the clause 'subject to contract'. What is the legal effect of this clause under Nigerian conveyancing law?

• AIt means there is no binding or enforceable contract between the parties until a formal c…
• BIt creates an immediate binding contract, but execution is deferred for 30 days.
• CIt makes the contract conditional upon the purchaser obtaining a bank loan.
• DIt permits either party to sue for specific performance if the other party withdraws befo…

Which of the following would be considered an 'equitable root of title' rather than a 'legal root of title' in a land transaction?

• AAn unperfected Deed of Assignment where Governor's consent has not been obtained.
• BA Deed of Assignment that has been consented to, stamped, and registered.
• CA Certificate of Occupancy issued 30 years ago by the State Governor.
• DA Deed of Assent signed by executors and registered at the Deeds Registry.

In drafting a Deed of Assignment, what is the primary purpose of the 'Habendum' clause?

• ATo state the quantum of interest or estate being conveyed to the assignee (e.g., the unex…
• BTo specify the purchase price and acknowledge its receipt by the assignor.
• CTo identify the names, addresses, and callings of the parties to the transaction.
• DTo outline the covenants for title and quiet enjoyment given by the assignor.

What is the primary function of the 'Redendum' clause in a leasehold or tenancy document?

• ATo reserve and specify the rent to be paid under the lease, including the mode and times…
• BTo state the date on which the tenant must yield up possession at the end of the term.
• CTo outline the landlord's right of re-entry in the event of a breach of covenant.
• DTo specify the tax liabilities (such as withholding tax) to be deducted from the rent.

When a vendor conveys property as a 'Trustee' or 'Personal Representative', which of the following covenants is implied by law under the PCL 1959 or CA 1881?

• AA single covenant that the vendor has not himself encumbered the subject matter of the co…
• BThe full four covenants for title: right to convey, quiet enjoyment, freedom from encumbr…
• CA covenant that the property is fit for the purpose for which it is being purchased.
• DA covenant that the vendor will indemnify the purchaser against all future claims by the…

Under Section 54 of the Conveyancing Act 1881, what is the legal effect of a receipt for the consideration money being endorsed on or written in the body of a Deed?

• AIt is sufficient discharge to the purchaser and constitutes authority for the purchaser's…
• BIt operates as a transfer of the legal estate without the need for a separate Habendum cl…
• CIt acts as a registration of the transaction at the probate registry.
• DIt prevents the vendor from ever disputing the sale, even if the money was never actually…

What is the legal effect of registering a Deed of Assignment under the Land Registration Laws of the various States in Nigeria?

• AIt gives priority to the instrument over subsequent interests and constitutes constructiv…
• BIt cures any inherent legal defects or fraud in the underlying transaction.
• CIt dispenses with the need to obtain Governor's consent under the Land Use Act.
• DIt prevents the Governor from revoking the right of occupancy for public purposes.

A purchaser pays the full purchase price for land, takes possession, but the vendor refuses to execute a Deed of Assignment. What is the most appropriate equitable remedy available to the purchaser?

• AAn action for specific performance to compel the vendor to execute the Deed of Assignment.
• BA report to the police to arrest the vendor for obtaining money by false pretences.
• CA petition to the Governor to revoke the vendor's right of occupancy.
• DAn application for the registration of a caution to automatically transfer ownership.

What is the principal legal function of a 'Deed of Assent' in property transactions under Nigerian estate administration law?

• AIt is the instrument used by personal representatives (executors or administrators) to ve…
• BIt is a contract of sale used when the purchaser is a minor.
• CIt is a document used to record the consent of principal family members in a customary la…
• DIt is a certificate issued by the court showing that probate has been granted.

Under Section 77(2) of the Property and Conveyancing Law (PCL) 1959, what is the maximum duration of a lease that can be created orally or by simple writing (without a deed) and still be legally valid?

• AThree years
• BOne year
• CFive years
• DSeven years

Which of the following elements is the most critical factor in distinguishing a lease from a license under Nigerian land law (e.g., Street v. Mountford)?

• AThe grant of exclusive possession of the premises for a term certain.
• BThe payment of a monthly or annual rent to the owner.
• CThe use of the word 'tenant' instead of 'licensee' in the agreement.
• DThe registration of the agreement at the State Lands Registry.

Under the Tenancy Law of Lagos State 2011, which of the following actions by a landlord in respect of rent is a punishable offence?

• ADemanding or receiving rent in advance exceeding 1 year from a new yearly tenant.
• BIncreasing the rent of a commercial property by more than 10% annually.
• CRefusing to accept payment of rent in cash or bank transfer.
• DDemanding rent in advance of 3 months from a monthly tenant.

Where a tenancy agreement is silent on the notice period, what is the statutory length of notice to quit required to terminate a yearly tenancy under the Recovery of Premises Act (Abuja)?

• ASix months
• BThree months
• COne month
• DTwelve months

In a lease agreement, what qualification is statutorily implied by the Conveyancing Act 1881 in respect of a tenant's covenant 'not to assign or sublet the premises without the prior consent of the landlord'?

• AThat such consent shall not be unreasonably withheld by the landlord.
• BThat the landlord can charge a premium or fine for granting the consent.
• CThat the consent is automatically granted if the landlord does not respond within 7 days.
• DThat the tenant must pay the landlord's solicitor a double scale fee.

In the statutory procedure for the recovery of premises in Nigeria, which of the following is the correct order of notices to be served on the tenant?

• AFirst, a Notice to Quit; and second, a 7-day Notice of Owner's Intention to Apply to Reco…
• BFirst, a 7-day Notice of Owner's Intention; and second, a Notice to Quit.
• CA Notice to Quit and a 7-day Notice of Intention must be served simultaneously.
• DOnly a Notice to Quit is required, followed immediately by a Writ of Summons.

Under the Recovery of Premises Law, if a tenant's Notice to Quit has expired, what is the mandatory length of time that must be given in the Notice of Owner's Intention to Apply to Recover Possession before court action can be filed?

• ASeven clear days
• BFourteen days
• CThree days
• DThirty days

Under the Tenancy Law of Lagos State 2011, how must a statutory Notice to Quit or a 7-day Notice of Owner's Intention be served on a tenant to be considered valid by the court?

• ABy hand (personally) on the tenant, or by leaving it with an adult on the premises, or by…
• BBy sending a text message or email to the tenant's verified electronic address.
• CBy publishing it in a national newspaper circulating in the locality of the premises.
• DBy delivering it to the tenant's employers at their place of work.