Real Estate Ownership for Foreigners
Are there legal restrictions on ownership of real estate by particular classes of persons (e.g. non-resident persons)?
By the provisions of the Land Use Act, all land in each state is vested in the governor of that state, to be held in trust and administered for the use and common benefit of all Nigerians within that state. This provision presupposes that this benefit is to the exclusion of non-Nigerians.
However, some states like Lagos State have laws that expressly regulate the ownership of land by non-Nigerians. The Acquisition of Lands by Aliens Law of Lagos State Cap A2, 2015 and the regulations made pursuant thereto for instance, requires non-Nigerians desirous of acquiring land to obtain the prior approval of the governor in writing where the interest to be acquired in the land is for a period of more than three years. Furthermore, a limit of 25 years (including any option to renew) is imposed on any approved interest in land to be acquired by a non-Nigerian.
Also, subject to limited exceptions, the Land Use Act prohibits the grant of a statutory right of occupancy or consent to the assignment or subletting of a statutory right of occupancy to a person under the age of 21 years.