What Is The Difference Between Power Of Attorney And Deed Of Assignment??? - Properties

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What Is The Difference Between Power Of Attorney And Deed Of Assignment??? - Properties - Nairaland

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What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by platinumtt: 4:04pm On Sep 09, 2016

Hello Professionals,

Please help. I just bought an AMAC land. The seller told me to get a power of attorney document for him to sign. When I asked about deed of assignment, he said he has no information as he is not used to that. In Lagos, we do get deed of assignment after buying a plot of land as this is a very important document. Could someone explain power of attorney and deed of assignment issue as it impacts buying of land in Abuja.

http://www.naijalandproperties.com/community/fct-abuja-3/what-is-the-difference-between-power-of-attorney-and-deed-of-assignment/

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by ANENEANDASSOC: 4:12pm On Sep 09, 2016

Deed of assignment is mere paper not backed by law .But Power of attorney is a legal document transferring ownership of property from one party to another. it is signed,sealed and stamped and entered .It is very essential when processing your certificate of occupancy moreover i hope you have checked with AGIS and FCDA the authenticity of such land that you purchased. ..If you need enlightenment contact me on whatsapp 08024808190. m an estate surveyor and valuer.

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Montaque(m): 5:31pm On Sep 09, 2016

I doubt if u are what u say u are. Seriously

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by MrMcJay(m): 5:46pm On Sep 09, 2016

What you posted above is the most ignorant statement I have come across in this section.

Please, do not dabble into legal matters if you have no idea of it. How can someone say a Deed of Assignment is a mere piece of paper and not backed by law? Please, edit the above post as it doesn't speak well of you as an Estate Surveyor and Valuer.

OP, you may wish to check out the links below. I had to dig them up on Omonile Lawyer's website as they are very informative.

http://omonilelawyer.com/why-you-should-never-buy-a-land-that-has-a-power-of-attorney-as-its-main-source-of-derivingtitle/

http://omonilelawyer.com/what-is-a-deed-of-assignment-and-the-risk-your-taking-for-not-having-a-deed-of-assignment-for-your-land/

Cheers!

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by platinumtt: 10:22pm On Sep 10, 2016

quite informative. Thanks

Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Arewa12: 6:45am On Sep 11, 2016

Over to the Lawyers in the House

Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Nobody: 6:46am On Sep 11, 2016

A power of attorney is a document giving another person the power to do a particular thing, or a number of things.
For eg, if I reside in Edo state, and I own a house in Abuja, which I want to put up for rent, to save myself the headache of having to travel down, I can decide to appoint someone whom I know resides in Abuja to manage/lease the property out on my behalf. By doing this, I make him a representative of mine. However, despite this, I would still have the power to manage/lease out the property if I want to, even while the document is still valid.

Now, here is the reason why you SHOULD NOT allow this seller execute a power of attorney in respect of that land: A power of attorney is not an instrument of conveyance or transfer of title to land. In other words, it CANNOT be used to transfer property or land, directly from one person to another. As such, if you prepare one for the seller to sign, it would only state that the seller gives you the right to sell the property on his behalf, and that is not what you need right now. If it has a clause in it that says the seller is transferring title to you, it will be INVALID/VOID, because, a power of attorney is not a document that can transfer title to land. Again, if this seller should execute a power of attorney giving you power to do whatever, it won't stop him from doing the very things you are given the power to do.

The above brings us to deed of assignment. Simply put, this is a document executed/signed by both parties to transfer the title of one to another. This is what you need for this transaction op.

Conclusively, let me add that you should get a lawyer. Many people have gotten themselves into precarious and unfortunate situations by going into land transactions themselves. Get a lawyer to save yourself from a costly mistake. The money you will pay a lawyer will save you from stress tomorrow.

Chao.

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by weblord1900: 6:46am On Sep 11, 2016

Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by mubarak001(m): 6:46am On Sep 11, 2016

Learning

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Fundango: 6:47am On Sep 11, 2016

Over to you all Alkalis in Da hausa. grin

Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by gift01: 6:48am On Sep 11, 2016

This thread is for Land Owners. Thanks for the info. Our dream is to one day be like you guys. Click Like if you share same team with me

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by mebad(m): 6:49am On Sep 11, 2016

Please tell us more about how the deed of assignment isn't backed by the law.

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by esthel(f): 6:50am On Sep 11, 2016

A deed of assignment is like a contractual agreement btw both parties where it is evidenced that he transferred the property to you. Dont sign any power of attorney because you are giving him power or lemme say authority to take actions as regards your property, he can even resell or lease your land. dont trust that fellow that wants you to execute a power of attorney in his name.

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by esthel(f): 6:52am On Sep 11, 2016

you are so wrong.

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by thunder74(m): 6:54am On Sep 11, 2016

Power of Attorney is given by a principal to an agent to act on his behalf. It could be ordinary or irrevocable power of attorney. The extent of what an agent can do for the principal are usually stated in the POA.

Deed of Assignment is the document a seller executes for a buyer assigning all or part of his interest in a parcel of land to a buyer. Usually, we use it for a land that already has a C of O but in practice it is used for all land transactions. We may call it Deed of Conveyance, Deed of Sale, Deed of Transfer etc. But what is important is that the person executing it must have power to sign because you can't give out what you don't have. You will need it with receipt (family receipt) to process your C of O or governor's consent.

The owner of a land may appoint an Agent to help sell the land through POA but any agent relying on POA to sell must have been empowered to do so. A clause in the POA must say that expressly. Still at that the Agent or the original owner must execute either Deed of Assignment, Deed of Sale, Deed of Transfer or Deed of gift (if given free) before valid titliis passed, assigned, conveyed, transfered or sold to you.

Finally, please get a lawyer before it turns to a story that touches.

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by adaweezy(m): 6:54am On Sep 11, 2016

m
Power of attorney does not transfer title to land while deed of assignment transfers title to land. Power of attorney grants authority to a person to deal with property, in the instant case you cannot grant a valid power of attorney because you do not own the land. Once you get a deed of assignment or conveyance you own the land long as long as the seller has a good root of title. Something is fishy here are you sure the seller is not a third party who wants to make money of you. Get a lawyer and save yourself the wahala of stories that touch.

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by enygmababe: 6:55am On Sep 11, 2016

O. M. G!!! shocked

Op Op, Op!!! How many times did I call you? Consult this guy at your own peril.

@MrMcJay, thanks for those links. I had to go read them to verify whether the information is up to date.

It is also worthy of note that in some jurisdictions like Lagos, the use of Power of Attorneys is common because some parties want to avoid certain property taxes so they resort to POA's instead of the proper documentation without averting their minds to the pitfalls enumerated by Omonile. In some other jurisdictions like Benin, POA's are rare.

By the way, even a Deed of Assignment which is properly executed can become a worthless piece of paper if it does not contain a proper root of title. Some people brandish a Deed of Assignment without a root of title of documentation attached thereto and that is so wrong. Op, do not be deceived, consult a lawyer before you pay for any land so that he can do a proper search for you and request an epitome of title from the owner's representative.

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Crownofwealth(m): 6:55am On Sep 11, 2016

DIFFERENCE BETWEEN POWER OF ATTORNEY AND A CONVEYANCE
Power of Attorney does not transfer interest in land while deed of assignment transfers interest in land. Such interest transferred by a conveyance must be legal.
Power of Attorney may not require Governors consent while a deed of assignment always requires the consent of the Governor.
Power of Attorney is not usually executed by one party while in a deed of assignment, both parties execute it.

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by adaweezy(m): 6:56am On Sep 11, 2016

h
Bros a beg delete your comment before you mislead others thanks.

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by C4Ltd: 6:56am On Sep 11, 2016

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by TheLastNazgul(m): 6:56am On Sep 11, 2016

A Deed of Assignment and a Power of Attorney are very different.
A Deed of Assignment transfers absolute interest in property held by a vendor to a purchaser. A Deed of Assignment is always required to be signed sealed and delivered and then perfected. It is not a mere piece of paper not backed by law.
Perfection involves obtaining Governor's consent, Stamping at the Stamp Duties Office and Registration.
A Power of Attorney is an instrument of delegation which enables a person to act on behalf of another in respect of a third party. The powers vested in the done by virtue of the power of attorney may include the power to transfer interest in land, in which case the power of attorney will need to be by deed(signed sealed and delivered) and perfected as well.
You cannot transfer absolute interest in land (sale) without a Deed of Assignment. Unlike a power of attorney a Deed of Assignment is one of the most valid ways of proving ownership of property (root of title).
A Deed of Assignment is executed by both parties to the transaction)(the vendor /assignor and the purchaser/assignee) and must always be by deed.
A Power of Attorney is often executed by only the party(Donor) transferring 'power' to the other (Donee) and is not required to be by deed except the donee is required to transfer interest in land(sell land, create tenancies, leases and mortgages).
Any transfer of interest in property by a donee where the scope of the powers granted him by the power of attorney does not vest him with such the power to do so is void.
A donee has to execute a Deed of Assignment where he transfers absolute interest in land held by the Donor.
@op you need a Deed of Assignment not a power of Attorney.

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Nobody: 6:57am On Sep 11, 2016

Ehm bro a deed of Assignment is an agreement between the seller of a land or property and a buyer of that land or property showing evidence that all rights of the seller has been transferred by the seller, his title, his interest and ownership of that land to the buyer that has just bought land, no doubt it is extremely important, if you don't have it, one omonile or even the seller can come and claim the property at anytime and you'll have only yourself to blame.

While Power of Attorney is a written letter, authorizing one to act on behalf of another. It is given to an agent to have legal authority to act on behalf of the principal who might be incapacitated at that point.

Going by what you said o.p, you REALLY REALLY REALLY need the Deed of Assignment, that your seller may be another scammer waiting to pounce on you.

Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by thunder74(m): 6:59am On Sep 11, 2016

Leave trash for lawma. You discuss what you knoweth not. It is not a must to contribute especially if it is not your field.

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Crownofwealth(m): 6:59am On Sep 11, 2016

FEATURES OF A POWER OF ATTORNEY
It is an instrument of delegation or representation. A power of attorney mirrors an agency relationship but it is sui generis and differs from other commercial agencies because its main aim is to satisfy third parties that the agent has the authority of the donor to deal on a subject-matter., rather than regulating only the relationship between the principal and the agent.
It does not transfer interest in land. It merely warrants and authorizes the donee to do acts on behalf of a principal. It is only after by virtue of the Power of Attorney that the donee leases or conveys the property to any person including himself which is known as alienation. As long as the donee acts within the scope of the power of attorney, he incurs no liability, and if there is a liability, it is the donor that incurs it.
Except where it empowers the donee to transfer interest in land or execute a deed, it does not involve a special mode of creation.
It is used to protect a purchaser pending perfection of title to land.
It a vehicle through which those acts could be done by the donee for and in the name of the donor to a third party.
A power of attorney is usually a special instrument in the form of a Deed Poll, that is, an instrument that is executed by only one party.
A power of attorney given in respect of family property must be executed by the head of the family as one of the donors or as the sole donor; otherwise it is void.
It is revocable except where it is expressed to be irrevocable; and coupled with consideration.

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by fendorf(m): 7:02am On Sep 11, 2016

Interesting

Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by DICKtator: 7:04am On Sep 11, 2016

The difference is in the name. One is an attorney power, the other the assignment deed!!!
Wooow!!!

That was so simple!!!

grin

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Crownofwealth(m): 7:05am On Sep 11, 2016

A deed is said to be a document which passes interest in property or which binds a person to perform or abstain from doing some action. It furnishes evidence or information about something. A duly executed deed of conveyance is sufficient evidence to support an award of title to a land to the beneficiary in the deed of conveyance.
Deeds are of two types namely: indentures and deed polls. Indentures binds two or more persons e.g. the deed of legal mortgage between the Mortgagor and Mortgagee. While deed poll is granted by one person only e.g. power of attorney under seal to convey interest in a property.
A deed in modern times is usually in writing on a good paper which is signed, sealed and delivered. It can also be used to:
Effect the conveyance of an interest, right or property in a real estate;
Create an obligation binding on a person; and
Confirm some act whereby an interest or property has already passed e.g. a confirmatory deed.

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by opalu: 7:05am On Sep 11, 2016

Great

Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Brigsiano(m): 7:06am On Sep 11, 2016

Simply put a Deed of assignment is an instrument of transfer, whereas a Power of Attorney is used for deligation of power and note that a power of attorney cannot be used to transfer interest in Land

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by misterjosh(m): 7:06am On Sep 11, 2016

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by gist4kidsblog: 7:06am On Sep 11, 2016

Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by ificatchmodeh: 7:09am On Sep 11, 2016

Why naa?
You. For stayout...na legal matters be this no be surveyor. matter.

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