Pofamon

If you are actively serving in the military during war or stationed in military duty, or
If you are a sailor currently at sea, You are allowed to distribute or give away your personal property (not land) without strictly complying with the formal requirements of the Act.

Why?
Because of practicality.
A soldier in combat or a seaman at sea may not have access to lawyers, witnesses, or formal documentation. The law recognises the urgency and danger of their situation and gives them flexibility.

It applies only to movable and personal property (not land). It applies only while they are in actual service or at sea.

It preserves their pre-existing freedom to dispose of such property informally.

The law protects those who serve under dangerous circumstances.

Knowledge of the law is power, especially when it comes to property and succession rights.

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Do you know that Even though certain interests in land must generally be in writing,

there is an exception:
Leases not exceeding three (3) years from the date they are made
are valid even if not in writing, provided that:
The rent reserved during the term amounts to at least two-thirds (2/3) of the full improved value of the property.

What Does That Mean Practically?
If a landlord grants:
A lease for 3 years or less, and
The tenant pays a rent that is at least two-thirds of the property’s full market rental value, then, the lease may be valid even if it is not formally executed as a deed.

Why This Rule Exists?
The law recognises that:
Short-term tenancies are common.
Requiring strict formal documentation for every short lease would be impractical.
But to prevent abuse, the rent must reflect a substantial portion of the property’s value.

Practical Example (Nigerian Context)
If a landlord grants a 2-year shop lease at a fair market rent:
✔️ It may not require the same formalities as a long-term lease (e.g., 10 or 25 years).
However, once the term exceeds 3 years, stricter legal requirements apply.

Short leases (3 years or less) at substantial rent are treated differently under property law.
“Notwithstanding” simply signals an exception to the general rule.

If this breakdown made property law clearer:
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