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What Is The Difference Between Power Of Attorney And Deed Of Assignment??? - Properties (3) - Nairaland

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by visi123: 8:53am On Sep 11, 2016
Ignorance... you speak with confidence as id you understand what you were saying. your submission is wrong
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Peritus(m): 9:19am On Sep 11, 2016
platinumtt:
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/

I will advise you not just as a lawyer, but as a property law practitioner. You see, even if you are collecting deed of assignment, make sure that you have power of attorney. Many have told u that it doesn't transfer title. Yes, but it does a better work than transfer of title. For a deed of assignment to be valid, there must be consent (in Abuja, by the minister for FCT). Getting a ministerial consent takes time. It can take up to a year.
Now, somebody can transfer all his power (right) over a property via power of attorney and equally foreclose his own right. He can give u power to sell to anybody and to urself. He can also donate to u power to collect any compensation upon revocation of title. What it means is that he can no longer act on the property, and ur powers are irrevocable. Here, the property in real sense belongs to u without u going through the huddles of regularization or registration.
Once consent is not obtained, ur Deed of Assignment becomes a love letter, and no transfer is deemed in law. POA is very necessary, and to me more important than DOA if well couched by a good lawyer.

4 Likes

Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Donnyperry(m): 9:28am On Sep 11, 2016
aribisala0:

Pontificate? Do not be ridiculous. I chose deliberately not to address DEED OF ASSIGNMENT because I think it has been dealt with adequately. No need to be repetitive. I only make contributions that add value

Do you know the meaning of the word "pontificate"? do not use words because they exist,you only end up looking ridiculous and bombastic.
Your English is embarrassing, What is " emphasised on"

The word "pontificate" simply means to 'talk', 'speak', 'address' and wasn't used wrongly in the context in which i used it and as for the phrase 'emphasised on', you should know that was a mistake. Please stop being petty by dwelling on trivial issues. It is a testimony to the fact that you are shallow minded.
Finally, you agree that the subject matter was adequately dealt with

1 Like

Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Nobody: 9:48am On Sep 11, 2016
KingTom:

So you get sense like this shocked
LOL, I be law student na grin
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by olagamalin(m): 9:58am On Sep 11, 2016
ANENEANDASSOC:


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.

In a sane society, you really should be found and arrested. I mean ....one cannot even begin to unravel the extent of damage you've done to the Question posed. The OP will surely be in a mess if he solely relied on your alarmingly misinformed response. The fact you recently joined here with little or no posts prior to this goof you made, should make you permanently banned. Wicked Man!!!

1 Like

Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by olagamalin(m): 10:03am On Sep 11, 2016
Peritus:


I will advise you not just as a lawyer, but as a property law practitioner. You see, even if you are collecting deed of assignment, make sure that you have power of attorney. Many have told u that it doesn't transfer title. Yes, but it does a better work than transfer of title. For a deed of assignment to be valid, there must be consent (in Abuja, by the minister for FCT). Getting a ministerial consent takes time. It can take up to a year.
Now, somebody can transfer all his power (right) over a property via power of attorney and equally foreclose his own right. He can give u power to sell to anybody and to urself. He can also donate to u power to collect any compensation upon revocation of title. What it means is that he can no longer act on the property, and ur powers are irrevocable. Here, the property in real sense belongs to u without u going through the huddles of regularization or registration.
Once consent is not obtained, ur Deed of Assignment becomes a love letter, and no transfer is deemed in law. POA is very necessary, and to me more important than DOA if well couched by a good lawyer.


This is sound Sir, no one ever envisaged the bureaucracy in getting consent. I agree both should be given. I mean ....it's not so hard to draft a POA, and the fact that it can be made for a consideration or fixed term (Atleast factoring the time consent will be obtained) will make a purchaser settled with peace of mind.

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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by law001(m): 10:06am On Sep 11, 2016
platinumtt:
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/

For a proper transfer of title "in Abuja" you need a power of attorney, and a Deed of assignment Which will be registered in AGIS.

By virtue of the Land instrument Registration Act (applicable in FCT) a power of attorney was defined as a registrable instrument.

Mind you, the C Of O will never bear ur name but that of the original allotee. So, you need the POA together with the deed of assignment. And they must be registered.


How to know a genuine land in Abj.

*Go to AGIS to conduct Legal search on the land to know the history of the Land... from the original allotee till date.
(you need a lawyer to do this)
Get a photocopy of the Right If Occupancy or C Of O.
*Photocopy of a valid ID. (needed for sighting)
10,000 fee (minus professional fee of the lawyer)

*Check for the bill on the land with AGIS.

*Visit the Local Council where the land is situated.

*Conduct physical search.


Contact me for free Legal Advice.
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by aribisala0(m): 10:22am On Sep 11, 2016
Donnyperry:


The word "pontificate" simply means to 'talk', 'speak', 'address' and wasn't used wrongly in the context in which i used it and as for the phrase 'emphasised on', you should know that was a mistake. Please stop being petty by dwelling on trivial issues. It is a testimony to the fact that you are shallow minded.
Finally, you agree that the subject matter was adequately dealt with
Presumably you are a lawyer. There is such an expression as "The ordinary meaning of a word" . The ordinary meaning of the word "pontificate" is not merely to "speak" just as "rant, shout,whisper stammer,etc are all forms of "speaking" pontificate refers to a particular kind of speaking which in the context you used it was a "bombastic" type of "Speaking".

The word has an ordinary meaning which is very clear . Pontificating is not what we are doing here. Pontificating generally is a unidirectional kind of speaking from the "high" to the "low". The word is derived from "pontiff". Pontificating is what priests and lecturers and professors do to SILENT listeners.


Using grandiose terms is no cover for a failure to grasp the basics of communication. Keep it simple. Good English is never painful( TO HEARERS).At its best it is kept simple ,your offering I am afraid, was quite excruciating which is typical of many Nigerian lawyers. Fluff does not cover the absence of stuff.
Pontificate ko pointer ni.

"Emphasise on" you say is a mistake I was not referring to the spelling ..........
It is just an egregious solecism
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by socrates007: 10:40am On Sep 11, 2016
Conflicting theories and arguments ,But am very sure only one of them may be correct.
Anyway guys as u can see my knowledge in this matter is limited.
I wish you all happy arguments In advance!

1 Like

Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Kay17: 10:43am On Sep 11, 2016
ANENEANDASSOC:


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.

This dressed up legal advice sent a violent bolt down my spine but when you explained you were a surveyor I felt little relieved. Nonetheless this advice is a complete output of total indistinguishable ignorance
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by aribisala0(m): 10:48am On Sep 11, 2016
Kay17:


This dressed up legal advice sent a violent bolt down my spine but when you explained you were a surveyor I felt little relieved. Nonetheless this advice is a complete output of total indistinguishable ignorance
SMH
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by aribisala0(m): 10:52am On Sep 11, 2016
law001:


For a proper transfer of title "in Abuja" you need a power of attorney, and a Deed of assignment Which will be registered in AGIS.

By virtue of the Land instrument Registration Act (applicable in FCT) a power of attorney was defined as a registrable instrument.

Mind you, the C Of O will never bear ur name but that of the original allotee. So, you need the POA together with the deed of assignment. And they must be registered.


How to know a genuine land in Abj.

*Go to AGIS to conduct Legal search on the land to know the history of the Land... from the original allotee till date.
(you need a lawyer to do this)
Get a photocopy of the Right If Occupancy or C Of O.
*Photocopy of a valid ID. (needed for sighting)
10,000 fee (minus professional fee of the lawyer)

*Check for the bill on the land with AGIS.

*Visit the Local Council where the land is situated.

*Conduct physical search.


Contact me for free Legal Advice.
Why do you need a power of attorney.I genuinely would like to learn can you please explain?
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by greggng: 10:57am On Sep 11, 2016
ANENEANDASSOC:


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.


How can you say deed of assignment is not backed ny law? Thank God u re not a lawyer
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by KingTom(m): 11:04am On Sep 11, 2016
danyel09:
LOL, I be law student na grin
you don't mean it? shocked grin
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by greggng: 11:09am On Sep 11, 2016
xfanlegal:
Well, most in d house hv given thr views on wat they blv each of the documents stand 4. To get d record straight, both d Deed of Assignment n d Power of attorney r both instru ments dat cn transfer title. A power of Attorney wen gvn 4 valuable consideration, is a legal instrument of transfer of title under d law. Wat one needs 2 do is find out whch particular document is being used as d Registrable instrument under d law in dat part of the country. 4 e.g, in most states in d east, the Power of Attorney is d Registrable instrument under d law. Executing a deed in such a state wld mean u jst keep such document, tho u hv title, u wnt b able 2 register such since it cn nt b registered in d land registry, cos d law of d state hs clearly defined whch instruments r/is 2 b used as d Registrable instrument of transfer of title. So, jst find out wat instrument is being used as the Registrable instrument in any state or zone whr u find urslf, n u r good 2 go


With what the definition of power of attorny says, is it logical for the seller to demand for POA from buyer? Isn't the buyer the right person to demand for that if he suspect the seller was acting as an agent?
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Krucifax(m): 11:14am On Sep 11, 2016
ANENEANDASSOC:


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.

My God!!!! Were you drunk when you wrote this? You are like a Carpenter trying to perform Medical surgery with hammer and nail. You have absolutely no idea what you are talking about and to think people are liking your comment is scary.

1. Deed of Assignment. Is a Legal document that assigns title from one party to another.
(Example is when you inherit property from a parent who previously owned it. Instead of selling the property to you they transfer their title to you. Making you the new owner of the property )

2. Power of Attorney. Is the appointment of an individual or agent granting legal rights to act in the place of the appointer. (Example is an executor of the estate of a deceased person or someone who through incapacity is unable to act on their own)

If you don't know someone please don't pretend to. False information can be dangerous to the person receiving it.
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Nobody: 11:20am On Sep 11, 2016
KingTom:
you don't mean it? shocked grin
[color=#7770077] I'm a cheesy[/color]
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by KingTom(m): 11:22am On Sep 11, 2016
danyel09:
[color=#7770077] I'm a cheesy[/color]
wow no wonder you get mind threaten those boys wey thief your phone grin
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by udatso: 11:24am On Sep 11, 2016
ANENEANDASSOC:


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.
If not for the fact that today is my birthday, you would have been e-flogged. Look out how you have embarrassed yourself
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Nobody: 11:27am On Sep 11, 2016
KingTom:
wow no wonder you get mind threaten those boys wey thief your phone grin
LOL, you still remember grin grin
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Nobody: 11:29am On Sep 11, 2016
See as them dey backlash the guy weh talk say deed of assignment na mere paper, wetin hin write sef dey shocking, mere paper keh, thing weh dey make people commit suicide grin
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Donnyperry(m): 12:02pm On Sep 11, 2016
aribisala0:
Presumably you are a lawyer. There is such an expression as "The ordinary meaning of a word" . The ordinary meaning of the word "pontificate" is not merely to "speak" just as "rant, shout,whisper stammer,etc are all forms of "speaking" pontificate refers to a particular kind of speaking which in the context you used it was a "bombastic" type of "Speaking".

The word has an ordinary meaning which is very clear . Pontificating is not what we are doing here. Pontificating generally is a unidirectional kind of speaking from the "high" to the "low". The word is derived from "pontiff". Pontificating is what priests and lecturers and professors do to SILENT listeners.


Using grandiose terms is no cover for a failure to grasp the basics of communication. Keep it simple. Good English is never painful( TO HEARERS).At its best it is kept simple ,your offering I am afraid, was quite excruciating which is typical of many Nigerian lawyers. Fluff does not cover the absence of stuff.
Pontificate ko pointer ni.

"Emphasise on" you say is a mistake I was not referring to the spelling ..........
It is just an egregious solecism

Ogbeni Kilode!!! You had to go as far as embarking on a lengthy research solely for the purpose of receiving validation. Why try so hard to sound intelligent on Cyber Space?? This is sincerely uncalled for.

Initially, you started out by rubbishing the efforts of my colleagues who made impeccable attempts in differentiating between a “Power of Attorney” and a “Deed of Assignment”. Meanwhile your stint at making a clear distinction was awful. Rather than focusing on the subject matter, you resorted to laying ambush on my use of words and the context it ought to be used. So petty of you, i must say.

Gentleman, am i in any competition with you?? The balderdash you are spewing is totally uncalled for. Enough of this
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by thunder74(m): 12:21pm On Sep 11, 2016
Dreadful:
Bro my granny sold many lands to his tenants and all through those documents I can't find the Deed of Assignment to prove my granny has transfered all his rights to these buyers. What should we do bro?
Send private message. I will reply you therein.
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by law001(m): 12:33pm On Sep 11, 2016
aribisala0:

Why do you need a power of attorney.I genuinely would like to learn can you please explain?

Let me try and explain in a layman language.

Title to land in Abuja belongs to the original allotee, i.e. the first person who registered the land with AGIS (Abuja Geographical Information System)

The only person recognised by Govt is the original allotee.
(land generally belongs to the governor of a state,and in Abuja, the FCT minister)

Once a land has been registered in the name of the original allotee, it can never be changed again unless the title is revoked... that is to say, a subsequent buyer's name will not appear on the title.

Now when you want to buy from the original allotee, and you want your name to appear on the data system of AGIS, you MUST present a Power of Attorney.

The essence it to tell government that, the original allotee has given you the right to do whatever he would have done on the land.

Then the deed of assignment is to show that there is a transfer of interest in the land.

When you successfully register both with AGIS, your name will be captured in the data system as the agent of the real owner known by the government.

Before now, once you buy a land in Abj, you can go ahead to acquire a C Of O... but this resulted in fraud hence this new system which has drastically reduced fraud.
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by KingTom(m): 12:55pm On Sep 11, 2016
danyel09:
LOL, you still remember grin grin
I no dey forget anything embarassed na sickness grin
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Akinaukwa: 1:03pm On Sep 11, 2016
Gaborone:
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.

Gbam, you said it even to a layman's understanding, not like all those block moulders and builders who automatically became Architects and Surveyors. Good to always seek for experts on things like this to avoid stories that touches the heart.

1 Like

Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Nobody: 1:31pm On Sep 11, 2016
KingTom:
I no dey forget anything embarassed na sickness grin
surprisingly that phone was stolen by one of my colleagues again, I caught her that day but didn't loud it, the girl stole another person's phone that day again
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by yerakola(m): 2:08pm On Sep 11, 2016
power of attorney is d paper signed by d entire family after the dead of real owner of the property, which will include the name of the family members, power of attorney will give a particular person permission to go ahead and sale d land,
deed of conveyance is d documents signed by the seller, the buyer, the withness (family of buyer and family of seller preferably) in a legal way, I mean legal practitioners awareness, visit www.crosslinkproperties.com
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by KingTom(m): 3:34pm On Sep 11, 2016
danyel09:
surprisingly that phone was stolen by one of my colleagues again, I caught her that day but didn't loud it, the girl stole another person's phone that day again
Na Klepto? shocked Abi dem do am from village grin
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by MasterofdRolls1(m): 3:36pm On Sep 11, 2016
platinumtt:
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/

A Power of Attorney, conveys the title and right of a vendor, donor or principal to a subject matter which in your case is a landed property, to do all that he the principal ought to do on his behalf, it can measure as an outright agreement to convey ownership, whereas a deed of assignment is a legal document assigning right to do or act on a particular thing, example under the Land Use Act in Nigeria, a person who owns a land or obtains a C of O from the government which lasts for 99 years, you as a person having stayed on the land for about 20 years and wishes to transfer it can, by a Deed of Assignment convey the remaining number of years to the assignor. The both documents serve thesame purpose, its effect or legality lies on the construction of the wordings by the Attorney.

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