BALANCING EQUITY AND FINANCIAL SECURITY: A CRITICAL EXAMINATION OF CONVEYANCING LIENS IN NIGERIA

Abstract

Conveyancing liens are essential legal mechanisms in Nigerian property transactions, safeguarding the financial interests of vendors, purchasers, and legal professionals. The judiciary has played a pivotal role in defining and enforcing these liens, particularly through the distinction between common law and equitable liens, Judicial safeguards, such as restrictions on solicitors’ liens over client funds, prevent abuse while ensuring fairness in property dealings. However, challenges persist, including inconsistencies in judicial discretion, enforcement delays, and the absence of comprehensive statutory provisions. The reliance on case law rather than codified legislation results in legal uncertainty, potentially affecting the efficiency of property transactions. This paper critically evaluates the strengths and weaknesses of the conveyancing liens in Nigeria, advocating for legislative reforms to enhance clarity, predictability, and equitable enforcement in property law.