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Solutions To Win A Case When A Land Dispute Goes Wrong - Properties (1) - Nairaland

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Re: Solutions To Win A Case When A Land Dispute Goes Wrong by Psalter: 6:29pm On Oct 23, 2012
Nice and informative article.
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by a1solution: 9:17pm On Oct 23, 2012
Oga lawyer, Thank you very much. I dont know if you can please help me publish this in www.nairaday.com for our wide readership also. U can put ur contact address after the article. Thanks
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by seyenko(m): 9:43am On Oct 24, 2012
slimtico: I bought a pice of land from Pretoria Atlantic (Diamond estate), Mowe.... i got all the land allocation papers a year later and i was so happy. I got a text some few months later saying that they would need to reallocate (that was 2yrs ago), till today they have not reallocated neither have they returned my money. I have decided to take it up legally and was wondering if i can just ask for the current value of the land as i'm not really interested in the land anymore. I am already frustrated with the quaality of service i've received from the company and will not want to have anything to do with that name. I have informed them that i'm holding on to the allocation papers i received and my lawyer is writing them as we speak.
as per Pretoria Atlantic ђã†̥ I did was to organise a "class action" I got all the people who bought their land to write a petition to the special fraud unit. Their MD was arrested and eventually granted bail- he had to sign an undertaking to give us our land. We are in the process of finalizing the paperwork for the land. The truth is, he doesnt have moneyy to pay back
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by Burch(m): 10:03am On Oct 24, 2012
Nice work
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by okine4real: 1:35pm On Oct 25, 2012
lawyer: 5. QUESTION: WHAT HAPPENS NOW THAT THE SELLER HAS GIVEN ME FAKE DOCUMENTS, FAKE RECEIPT, SHOWED ME A WRONG LAND AND HAS NOT RETURNED MY MONEY AFTER MUCH DEMAND FOR IT? WHAT ARE MY REMEDIES HERE?

ANSWER: This is a clear case of Fraud or Obtaining under False Pretext because the Seller had no capacity from the very beginning to sell the land, so you have not title. So the remedy open to you is to report the matter to the Special Fraud Unit of the Police or if the cost of the land is above 5Million, the EFCC will handle the case for you to recover the money for you and or prosecute the fraudulent seller or sellers on your behalf.

To be honest a lot of people are under the delusion that we are still under Military Rule and that when there is a land dispute, Soldiers, Police, Lawyers and para military men should immediately come in, beat everybody up and immediately the land will be restored back to you. This is not true. A land dispute is a civil matter and its only the courts that can resolve the issues at hand. Unfortunately most people don’t like this option because of the incessant court delays but that is the law and that’s the only option open to people who feel that their lands have been trespassed upon.

The police cannot solve a breach of contract or a dispute as to land based on documents discrepancies because its not under their jurisdiction to do so except there is a clear case of fraud or forgery or obtaining money under false pretext. So please know your choices and don’t run afoul of the law. That’s why it is always advisable to make sure you do a proper search from the beginning and get your lawyer to get ALL THE NECESSARY DOCUMENTS in your favour to assist your case as proof of evidence of Ownership.




Please lawyer this goes to you. what happen if the other person that bought the same land had the same document as yours? i mean what if the other guy hard a smart lawyer whom always made the sellers sign the deed of assignment, had pictures of the transaction, and his survey plan indicates is land properly. so in this case, it makes the both of you even. but on the deed of assignment, is shows that you bought the land first than the other guy. And also what if the other client had gone further to have gotten a C of O for the said plot. How do you tackle these case, knowing fully well that your own client dont have a C of O?
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by femmy2010(m): 1:50pm On Oct 25, 2012
Am not a lawyer but seems the person with the Valid C of O is the bonafide owner of the said plot.
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by lawyer(m): 5:22pm On Oct 25, 2012
okine4real:




Please lawyer this goes to you. what happen if the other person that bought the same land had the same document as yours? i mean what if the other guy hard a smart lawyer whom always made the sellers sign the deed of assignment, had pictures of the transaction, and his survey plan indicates is land properly. so in this case, it makes the both of you even. but on the deed of assignment, is shows that you bought the land first than the other guy. And also what if the other client had gone further to have gotten a C of O for the said plot. How do you tackle these case, knowing fully well that your own client dont have a C of O?
QUESTION 2: OK WHAT IF THE OTHER PARTY CLAIMING OWNERSHIP OF THE LAND ALSO HAS ALL THE SAME DOCUMENTS I ALSO HAVE? WHO THEN OWNS THE LAND?

The Answer is here :


ANSWER: The Position of the Law is that WHEN THERE ARE 2 CONTENDING PARTIES IN THE DISPUTE DERIVED FROM A COMMON SELLER, THE FIRST IN TIME TAKES PRIORITY. This means the First person on the land who bought his first has the strongest title and the second person must give way to the earlier Purchaser no matter how painful it is for the second buyer. This was stated in The Supreme Court Case between AYANWALE V ODUSAMI IN 2011.

Here the First in time means the first person who first bought the land through all the evidences of the documents he has before the second person bought the land unknowingly. That is why you must do a search properly before you buy any land so that you don’t fall victim of this Rule and be the unfortunate second person on the land.

Omoniles are extremely fond of this whereby they resell the same land to 2 or more people because of their greed or because the land has been left unattended to. Please be careful and be wise here.
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by okine4real: 8:53am On Oct 28, 2012
@lawyer. thanks for the answer. but i guess you have already answered that part you answered now. but what i wanted to know is. if your client and the other person has the same Document, but the other person has gotten a valid C of O, whom then owns the land. also putting into consideration, On both deed of Assignment when looking at the date of purchase, it shows your client bought the said land first, but your clients dont have a C of O. he just has survey. whom owns the property. let me put it these way.

lawyer bought land 30th june 2012
DOCUMENT OWN receipt,survey, deed of assigment, bank draft, pictures


the other client bought the land 12th december, 2012
DOCUMENT OWN- receipt,survey, deed of assigment, C of O bank draft, pictures.


Whom then owns the land.
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by lawyer(m): 3:03pm On Oct 28, 2012
okine4real: @lawyer. thanks for the answer. but i guess you have already answered that part you answered now. but what i wanted to know is. if your client and the other person has the same Document, but the other person has gotten a valid C of O, whom then owns the land. also putting into consideration, On both deed of Assignment when looking at the date of purchase, it shows your client bought the said land first, but your clients dont have a C of O. he just has survey. whom owns the property. let me put it these way.

lawyer bought land 30th june 2012
DOCUMENT OWN receipt,survey, deed of assigment, bank draft, pictures


the other client bought the land 12th december, 2012
DOCUMENT OWN- receipt,survey, deed of assigment, C of O bank draft, pictures.


When was the property first bought by the original first buyer and whats the date on the new CO? That will solve so many things

Whom then owns the land.
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by wyclefguy: 2:10pm On Oct 29, 2012
Hi all

I have 2 plots of land for sale ASAP to raise funds. The land is situated near Olodo, Off Iwo Road. It is about 15mins away from the Former Governor Alao Akala's Estate. Price is #2,000,000 (Naira) per plot. Non negotiable. The whole 2 plots can go for #3'800,000 (Naira). I live in the United Kingdom now and I have my C of O otherwise known as; Red Copy from Housing and Town Planning Office of the Government of Oyo State. If you are interested, contact me on +447930360538.

This is genuine land owner. I need money fast; why don't you bargain this land quickly. It is better to buy from direct source than to buy fromhand to hand. If you buy a plot, I would build beside you on the second plot to assured you that no problem whatsoever in the future. I have my C of O anyway. So, no problem

Thanks

Idris.
e:mail: walearowosola@yahoo.co.uk
+447930360538
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by okine4real: 5:38pm On Oct 29, 2012
@lawyer
the original buyer bougth the land 30th june 2012
original buyer does not have C of O


the secound buyer bought the land 12th december, 2012
date of C of O is 12 September, 2013

in this senerio, whom owns the land??
 
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by ladewole: 1:05pm On Nov 04, 2012
I am trying to buy 4 plots of land in Owode, from omoonile. What kind of documents do they need to show me before we do a deed of assignment, and where can I check for validation of the documents.
 
 
 
 
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by adedara123(m): 11:28pm On Nov 17, 2012
Good write up!
I will like to add this,immediate you get your deed of assignment duly signed plus your survey plan, i will advice you to go straight for your gov‘s consent,with this, you are 80% sure the about your property.for more on processing your gov‘s consent.please call 08022960248.
 
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by walata1: 10:55pm On Dec 10, 2012
[b]Hi, can we have your number please..I have the same problem with two plots I bought at River Valley Estate in Ojodu area for over 7 Years now and there is this omo Onile issue,. Thanks. [/b][size=8pt][/size][font=Lucida Sans Unicode][/font]
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by walata1: 11:14pm On Dec 10, 2012
Oga lawyer..Pls Help..Number plsssssssssssssss
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by blank(f): 8:02am On Dec 11, 2012
walata1: Oga lawyer..Pls Help..Number plsssssssssssssss

His nos is on his profile. So you can click on his profile and get his number and his email address.
 
 
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by jidebl(m): 7:47am On Jan 02, 2013
sir
morning sir pls I need your help on what to do in this case. I had a brother is Swissland and happen to have 4 plot of land in one of Oyo state GRA and he died about 3years ago but we never know where he kept the document of the land or who the nxt of kin is but he has a son here who is 23yrs old we all know where the land is located because we work with him while he is developing it we are afriad someone else may sell the land without our knowledge and we want his son to inherit the land by now he is disturbing family pls where do we go to get another paper, we went to the office in charge of the land in the area but they said we shld profide the papers of the land, we all bearing the same surname, do we go to police station or court, so far we have not notice any movement so far on the land but my bro was lying in state on the land before proceed to bury him at church cementry all people in that area now know he is died and anything can happen without our knowledge pls sir what do we do.
Hope to read from you soon
 
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by oklatech2009: 11:44pm On Jan 27, 2013
Hello lawyer, I won a plot of land in 2010 and was given a letter of alocation. Iplan to start work on the land by the 2nd quarter of this year. What are the important steps to take to make the land fully mine.
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by olushaggy(m): 4:05pm On Jan 28, 2013
adedara123: Good write up!
I will like to add this,immediate you get your deed of assignment duly signed plus your survey plan, i will advice you to go straight for your gov‘s consent,with this, you are 80% sure the about your property.for more on processing your gov‘s consent.please call 08022960248.


Deed of assignment, Gov's consent... are these applicable in Oyo State?
 
 
Re: Solutions To Win A Case When A Land Dispute Goes Wrong by olijude: 10:33am On Feb 13, 2013
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Re: Solutions To Win A Case When A Land Dispute Goes Wrong by sharpman1(m): 2:56pm On Feb 21, 2013
seyenko: as per Pretoria Atlantic ђã†̥ I did was to organise a "class action" I got all the people who bought their land to write a petition to the special fraud unit. Their MD was arrested and eventually granted bail- he had to sign an undertaking to give us our land. We are in the process of finalizing the paperwork for the land. The truth is, he doesnt have moneyy to pay back

Hi Seyenko,

I also bought a land from Pretoria Atlantic (Diamond Estate) since 2009. Till date, i have not been allocated my land. Please i need to discuss with u offline. If you don't mind, please drop your email address.

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