http://landsurveyslagos..com/2015/06/beware-of-fraudulent-governors-consents_10.html

BEWARE OF PROPERTIES WITH FRAUDULENT GOVERNOR’S CONSENTS IN LEKKI,AJAH,BADORE,IBEJU LEKKI ETC

There is a dangerous proliferation of illegally acquired governor’s consents and certificates of occupancy in circulation obtained with forged survey plans now in Lagos, particularly in Lekki axis. Just in case, you are in doubt, then you need to be informed that Lagos State Governor, Gov. Babatunde Fashola revoked, withdrew and cancelled some governor’s consents in Lekki based on fraud perpetrated on the survey plans sometimes ago. The notice was published on 11th February, 2013 in Guardian newspapers,(for further reading, visit http://omonilelawyer.com/fashola-revokes-governors-consent-on-lekki-lands-obtained-by-fraud/

This trend has shattered lofty hopes of many potential land owners and property investors into pieces. The attending and ‘unintended’ consequences are absolutely unimaginable and devastating. Many think buying land/property with governor’s consent or certificate of occupancy is a safe investment, only to later realize that their dream has turned into horrible nightmare.

The banking industries are also not susceptible to this fraudulent activity. As a matter of fact, banks are most potentially vulnerable. Many of them have inherited bad loans and irrecoverable debts as a result of illegally acquired governor’s consent or C of Os obtained with fictitious survey plans, used by fraudsters to swindle banks. This massive accumulation of bad loan has brought many banks to their knees and their credit collection and recovery departments are fighting endless legal battle in recovery. While some banks are gambling with their customers’ hard earned money by granting huge loans without proper scrutiny of titled documents, survey plans provided for loan facility, some are not aware of these fraudulent activities. Failure of banks to cross examine survey plan (annexed governor’s consent or C of O) to verify that it properly describes and defines the property used as collateral has led to financial loss. As a matter of fact, many are engaged in a scheme in which they obtain loans using illegally acquired titled documents (governor’s consent or C of Os) obtained with forged survey plans. So much for that, that is a topic for another article.


EXAMPLE OF GOVERNOR’S CONSENT OBTAINED WITH FORGED SURVEY PLAN.

Recently, a client who is wary of land scam and doesn’t want to invest his hard earned millions on a bad property decided to contact http://omonilelawyer.com/ for a land verification exercise. The property is said to be free from government acquisition in Orile-Ibamo village excision parcel A, and that it has a governor’s consent, survey plan and other relevant documents. On investigation in Alausa, and it was confirmed that the governor’s consent is indeed in land records and registered. At this stage, it is widely believed that the transaction can be concluded. The agent started engaging in high-pressure selling tactics often emphasizing the need for quick action. Please, refuse to be pressured to make an immediate decision. Generally, they steer you away from using a solicitor to handle the deal and a surveyor to conduct site inspection and preliminary survey, arguing that you don’t need added expenses.”You don’t need a surveyor when you haven’t made payment for the land, do you?” Now it is time for surveyor to conduct site inspection, to find out if the survey plan annexed to the governor’s consent properly defines and describes the property. The property is along Emmanuel Ibitolu street, Orile-Ibamo village Off Ado-Badore road, Eti-Osa Local Government Area, Lagos State.

After I carried out site inspection as the surveyor (representing the buyer), I discovered a ‘misrepresentation’ on survey plan. The property is presently within government acquisition and not free as claimed on survey plan. For this reason, the so called governor’s consent is as good as invalid and illegal because a forged survey plan had been used to obtain it. The property is not within the perimeter of land released by government in Orile-Ibamo village excision parcel A .It means coordinate of somewhere else that is free from government acquisition had been used to prepare survey plan for this property, which is not free from government acquisition. This is a clear case of fraud, a false representation that deceives and intended to deceive another so that the individual will act upon it for his or her injury. Those documents have been designed to mislead and made with intent to deceive the victim. There is danger in rushing to purchase a property because it is said to have a titled document without thorough verification.




FIG 1: SURVEY PLAN WITH FALSE REPRESENTATION OF PROPERTY USING FICTITIOUS COORDINATES.





FIG 2: FRONT PAGE OF DEED OF ASSIGNMENT





FIG 3: LOCATION MAP SHOWING ACTUAL LOCATION OF PROPERTY (RED)AND MISREPRESENTATION (BLACK) OF PROPERTY WITHIN EXCISION.






FIG 4: LAGOS STATE OFFICIAL GAZETTE DESCRIPTION FOR ORILE IBAMO VILLAGE (PARCEL A).

We informed the seller about this mischievous act, he could not believe his ears. In his disbelief, he contacted the wicked quack surveyor, who he said has a shopping complex along Addo road. He later told us that, after the quack surveyor had been informed about this fraud and dishonesty that the man could not deny it and he has ever since refused to answer his calls. What is most painful is that the owner has bought 5 other plots in that neighborhood through this wicked fraudulent man and collected millions of naira for processing the governor’s consents using forged survey plans. He asked for our assistance to find out status of other properties. Behold all the 5 plots are government acquired lands! This is just a possible awful consequences of using unskilled, untrained, illiterate omonile surveyor to carry out your survey because you think their charges are cheap. It is not cheap; it is actually expensive given the injury and financial tragedy that come with this disservice.


However bad you think land scam is, it is even worse. Here is a diligent man who had invested his entire gratuity buying landed properties .Now; he wants to pay for his children school fees who are studying abroad. It is really heart breaking and what an awful situation! This is one of many possible outcomes of land scams.
Most Nigerians don’t have a huge stock portfolio, large savings accounts or private jets. For most, having a piece of land to go with is their little piece of God’s green Earth. Having a landed property remains the greatest treasure that most people consider as personal dreams. Unfortunately, many have laboured so hard during their active years to achieve this personal lofty dream only for their hopes to be dashed into pieces with fictitious survey plans drawn up intentionally to mislead land buyers and commit what most people understand to be fraud-intentional misrepresentation or concealment. Unfortunately, intentionally misleading someone to their ultimate detriment is not only fraud but might lead to “unintended consequences”.




FIG 5: ILLEGALLY ACQUIRED GOVERNOR’S CONSENT USING FORGED SURVEY PLAN.

HOW TO PROTECT YOURSELF FROM BUYING PROPERTY WITH FRAUDULENT TITLE?
Being aware that land scam is real and how they work is usually not enough. Land fraudsters tend to target unsuspecting clients, so if you are on look out for them, you are far less likely to fall victim.
a) Approach every property sale with caution, regardless of how that contact is made.
b) Get an experienced property lawyer (e.g. http://omonilelawyer.com/ ) to thoroughly investigate ownership and handle transaction.
c) Get to confirm the titled documents (governor’s consent or C of O) in
Land Registry.
d) Consult an honest registered surveyor to inspect property
i. To find out status of property.
ii. To find out if survey plan annexed to titled document properly defines and describes the property.
iii. To possibly determine size (area) of property. This is to ensure you get value for your money.
e) Insist on getting all information about land sale before you agree to buy property.
f) Resist high pressure sales tactics. Agent pushes you to buy quickly, giving you ‘warnings’ about competition from others buyers or rising prices.
g) There is no small issue concerning any land matter, it is usually bigger than it literally seems to be. It is also important and good practice to meet actual owner of property before payment.

As a point of principle, when buying property, always seek advice from independent parties- i.e. someone not acting for the seller. Get an experienced property lawyer and surveyor. I just can't begin to state how important it is to have competent, honest and qualified professionals working on your behalf.

Getting a site inspection survey at the time of purchase can save time, money and protect you from having bad investment in long run. The importance of a land survey inspection before you make the most important financial decision of your life has never been greater. No one can locate your property boundaries on the ground, map and certify that location except for a registered land surveyor.

Do not entrust the most valuable asset you have on this Earth, your real property, to chance. Call a surveyor.

ABOUT THE AUTHOR
(http://landsurveyslagos..com/2015/06/beware-of-fraudulent-governors-consents_10.html)

Mr. Folarin N.O is a registered surveyor in private practice in Lagos. He dedicates his time to provide solutions to real property needs and continuing education to clients and professional service providers on land matters.
For further information or in case you have any comment or feedback, don’t hesitate to contact the author.
Mobile: +234(0)8028541100, Email: folynoa@yahoo.co.uk , landsurveymatters@gmail.com

There is a dangerous proliferation of illegally acquired governor’s consents and certificates of occupancy in circulation obtained with forged survey plans now in Lagos, particularly in Lekki axis.

Being aware that land scam is real and how they work is usually not enough. Land fraudsters tend to target unsuspecting clients, so if you are on look out for them, you are far less likely to fall victim

a) Approach every property sale with caution, regardless of how that contact is made.

However bad you think land scam is, it is even worse.

b) Get an experienced property lawyer (e.g. http://omonilelawyer.com/ ) to thoroughly investigate ownership and handle transaction.