Abstract :
Nigerian conveyancers routinely resort to powers of attorney and agreements to sell
(estate contracts) as tools to avoid the prohibitory clauses of the Land Use Act.
Judges have shown their sympathy through a strict (but beneficial) construction.
Nevertheless, the current system exacerbates the risk of acquiring precarious titles
in land transactions. Accordingly, this article suggests that the avoidance objective
will be best achieved through the application of the principles of trust and the
use of trust instruments such as express written declarations of trust.
