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Deed Of Partition

Deed Of Partition Template for Nigeria

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Key Requirements PROMPT example:

Deed Of Partition

"I need a Deed of Partition to divide our family's 5-acre agricultural land in Lagos State among three siblings, with special consideration for irrigation rights and access roads; the partition should be completed by March 2025."

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Document background
The Deed of Partition serves as a crucial legal instrument in Nigerian property law, used when co-owners of shared property decide to divide their interests into separate, individually owned portions. This document becomes necessary in various scenarios, including family property division, dissolution of business partnerships, or separation of jointly held investments. The deed must comply with the Land Use Act 1978 and relevant state property laws, requiring proper execution, stamping, and registration to be legally effective. A properly drafted Deed of Partition includes detailed property descriptions, survey plans, allocation details, and specific rights and obligations of each party, ensuring clear title and preventing future disputes over property boundaries or ownership rights.
Suggested Sections

1. Parties: Full legal names and addresses of all co-owners participating in the partition

2. Background: History of joint ownership, including how the property was acquired and current ownership structure

3. Definitions: Key terms used throughout the deed, including property descriptions, relevant dates, and technical terms

4. Recitals: Details of the existing property ownership and agreement to partition

5. Property Description: Comprehensive description of the entire property before partition

6. Agreement to Partition: Express agreement of all parties to divide the property as specified

7. Partition Details: Specific details of how the property is to be divided, including boundaries and allocations

8. Rights and Obligations: Specific rights and obligations of each party post-partition

9. Costs and Expenses: Agreement on how costs related to the partition will be shared

10. Execution Requirements: Details of execution formalities including witnessing requirements

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

Optional Sections

1. Mutual Indemnities: Included when parties wish to protect against future claims from other co-owners

2. Access Rights: Required when divided properties need mutual access arrangements

3. Maintenance Obligations: Included when there are shared facilities or boundaries requiring ongoing maintenance

4. Development Restrictions: Added when parties wish to impose restrictions on future development of divided portions

5. Dispute Resolution: Optional detailed dispute resolution procedures beyond standard court jurisdiction

6. Tax Declarations: Included when specific tax implications need to be addressed

7. Future Right of First Refusal: Optional clause giving other parties first right to purchase if any portion is sold

Suggested Schedules

1. Schedule 1: Property Details: Detailed legal description of the entire property including title documents and survey plans

2. Schedule 2: Partition Plan: Detailed survey plans showing the division of property with new boundaries

3. Schedule 3: Allocation Details: Specific details of which portions are allocated to each party

4. Schedule 4: Rights of Way: Details of any easements or rights of way created by the partition

5. Appendix A: Original Title Documents: Copies of original title documents and certificates

6. Appendix B: Survey Reports: Technical survey reports and measurements

7. Appendix C: Valuation Reports: Independent valuation reports ensuring fair division

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Property
Original Title
Co-owners
Partition Date
Effective Date
Completion Date
Survey Plan
Allocated Portion
Common Areas
Boundaries
Right of Way
Easements
Access Rights
Title Documents
Land Registry
Commissioner for Oaths
Encumbrances
Certificate of Occupancy
Partition Plan
Divided Portions
Mutual Covenants
Building Lines
Permitted Use
Development Rights
Planning Permissions
Local Authority
State Authority
Stamp Duty
Registration Fees
Surviving Obligations
Joint Property
Separate Property
Common Boundaries
Survey Beacons
Legal Description
Clauses
Recitals
Property Description
Partition Agreement
Property Division
Title Transfer
Rights and Easements
Access Rights
Mutual Covenants
Costs and Expenses
Tax Obligations
Registration Requirements
Indemnification
Further Assurance
Severability
Entire Agreement
Governing Law
Dispute Resolution
Force Majeure
Notices
Execution Requirements
Succession Rights
Development Restrictions
Maintenance Obligations
Boundary Maintenance
Utilities and Services
Environmental Compliance
Planning Compliance
Title Warranties
Representations and Warranties
Stamp Duty Obligations
Relevant Industries

Real Estate

Property Development

Construction

Agriculture

Commercial Property

Residential Property

Industrial Property

Legal Services

Land Administration

Urban Planning

Relevant Teams

Legal

Real Estate

Property Management

Land Administration

Compliance

Corporate Services

Documentation

Operations

Asset Management

Relevant Roles

Property Lawyer

Real Estate Manager

Land Surveyor

Property Developer

Estate Agent

Legal Counsel

Property Rights Administrator

Land Registry Officer

Real Estate Consultant

Property Rights Manager

Conveyancing Lawyer

Land Administration Officer

Industries
Land Use Act 1978: The fundamental law governing land tenure in Nigeria, which establishes the framework for land ownership, transfer, and rights. Essential for understanding the legal basis of property division.
Registration of Titles Law: Governs the registration of property titles and deeds in Nigeria. Crucial for ensuring the partition deed is properly registered and legally recognized.
Stamp Duties Act: Requires proper stamping of legal documents including deeds. The deed of partition must be appropriately stamped to be admissible in court.
Property and Conveyancing Law: Provides legal framework for property transfer and division, including requirements for valid conveyancing and partition deeds.
Survey Law: Regulates land surveying and mapping requirements, which are essential for accurately describing the partitioned properties in the deed.
Evidence Act: Governs the admissibility of documents in court, including requirements for proper execution and authentication of deeds.
State Land Registry Laws: Specific state-level regulations governing the registration and documentation of land transactions within each Nigerian state.
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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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