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Private Land Lease Agreement Template for Nigeria

A comprehensive legal document governed by Nigerian law that establishes the terms and conditions for leasing private land between a lessor (landlord) and lessee (tenant). This agreement complies with the Nigerian Land Use Act of 1978 and relevant state-specific legislation, providing a framework for the temporary transfer of land use rights while protecting both parties' interests. It details essential elements including rent payments, duration, permitted use, maintenance obligations, and termination conditions, while ensuring compliance with local land registration requirements and stamp duty obligations.

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What is a Private Land Lease Agreement?

The Private Land Lease Agreement is a crucial legal instrument used in Nigeria when one party (lessor) grants another party (lessee) the right to use and occupy land for a specified period in exchange for rent. This document is essential for both commercial and private land transactions in Nigeria, operating within the framework of the Land Use Act 1978 and state-specific land laws. It should be used whenever there is a need to formalize a land lease arrangement, whether for residential, commercial, agricultural, or industrial purposes. The agreement typically includes detailed provisions about the property, lease terms, financial obligations, use restrictions, maintenance responsibilities, and compliance requirements with local regulations. Its preparation requires careful consideration of both federal and state land laws, and the document must be properly stamped and registered with relevant authorities to be legally enforceable.

What sections should be included in a Private Land Lease Agreement?

1. Parties: Identification and details of the Lessor and Lessee, including their full legal names, addresses, and any registration details for corporate entities

2. Background: Context of the lease arrangement, brief description of the property, and confirmation of the Lessor's authority to lease

3. Definitions: Definitions of key terms used throughout the agreement

4. Demise: The formal granting of the lease, specifying the property being leased

5. Term and Commencement: Duration of the lease and its start date

6. Rent and Payment Terms: Amount of rent, payment schedule, method of payment, and review mechanisms

7. Security Deposit: Details of any security deposit required, its maintenance and return conditions

8. Permitted Use: Specified purposes for which the property may be used

9. Lessee's Covenants: Primary obligations of the Lessee including maintenance, repairs, compliance with laws

10. Lessor's Covenants: Primary obligations of the Lessor including quiet enjoyment and structural repairs

11. Insurance: Insurance requirements for both parties

12. Assignment and Subletting: Conditions under which the property may be assigned or sublet

13. Termination: Circumstances under which the lease may be terminated and the process

14. Forfeiture: Conditions under which the Lessor may re-enter and forfeit the lease

15. Notices: How and where formal notices under the lease should be served

16. Governing Law: Confirmation of Nigerian law as governing law and jurisdiction

What sections are optional to include in a Private Land Lease Agreement?

1. Development Rights: Include when the lease permits development or improvements to the property

2. Agricultural Provisions: Include for agricultural land leases, specifying permitted farming activities and land management

3. Environmental Obligations: Include when the property use may have environmental implications

4. Option to Purchase: Include if the Lessee is granted an option to purchase the property during the lease term

5. Break Clause: Include if either party is given the right to terminate the lease early under specific conditions

6. Service Charges: Include for properties with common areas or shared services

7. Utilities and Services: Include when specific arrangements for utilities need to be detailed

8. Planning Permissions: Include when specific planning permissions are relevant to the permitted use

What schedules should be included in a Private Land Lease Agreement?

1. Property Description: Detailed description of the property including boundaries, plans, and measurements

2. Land Title Documents: Details of the property's title documentation and registration

3. Rent Review Provisions: Detailed mechanisms and dates for rent reviews

4. Condition Report: Initial condition of the property at lease commencement

5. Permitted Alterations: Specific alterations permitted during the lease term

6. Service Charge Details: Breakdown of service charges if applicable

7. Special Conditions: Any special conditions or requirements specific to the property or parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Nigeria

Publisher

Ƶ

Document Type

Tenancy Agreement

Cost

Free to use

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