Good day everyone,
There is this land I want to buy, I went to check it with my people recently because I need to show it to others to confirm since it is my first time of buying a land, it is good they like it.

The land according to the seller is not a family land because he already bought it from the family, and again, the land is a virgin land.

Now, it is time to make the payment but my people being people with experience on property matter told to request for a photocopy of the land document, so as to use it to check/verify if the land is genuine or not, but the seller who claims to be the owner said he bought it in hectares and selling it bit by bit i.e in plots, that I don't expect him to drop the documents of the hectares.
I told him, I need something to confirm the land I want to buy because things dey happen these days on top land matter.
He said I am the one that will do the surveying, I'm the one that will do the paper blah blah blah.

My question to the experienced nairalanders is this, please what do you suggest/advice I do in a situation like this?

Is it possible for a land not to have any paper at all even if it is not yet developed etc?

Please land owners, experienced people in land matters, those who have had similar issues etc, I need your valuable answers urgently on this because I don't want to rush and pay, since I am not yet cleared on it and I don't want to miss the opportunity of buying a land either...

lawyer, please give audience to this post.

Where's the land located?
Before making any payment on that land, ask for the genuine land document to be sighted, both of you should schedule a date to go to your local government land/ planning agency to verify the authenticity of the land with that originalland documents and its title, if it's genuine, involve a lawyer to draft a land sales agreement, then make payment. After this, his lawyer should get an irrevocable power of attorney regarding that land. Immediately you do this, get blocks and install a perimeter fence around the land to prevent encroachment.

kingreign:
Where's the land located?
Before making any payment on that land, ask for the genuine land document to be sighted, both of you should schedule a date to go to your local government land/ planning agency to verify the authenticity of the land with that originalland documents and its title, if it's genuine, involve a lawyer to draft a land sales agreement, then make payment. After this, his lawyer should get an irrevocable power of attorney regarding that land. Immediately you do this, get blocks and install a perimeter fence around the land to prevent encroachment.

God bless you for this response, it is helpful.

One more question, is it possible for a land not to have a paper/document at all?

I requested for paper/document on the land from the seller but the seller is telling me he bought 10 hectares and he is selling it bit by bit i.e in plots, and I don't expect him to give me the paper of all the 10 hectares, that I'm the one that will do the paper and bring it to him for filling, stamping and signing.

Honestly, the thing no dey clear to me.

Is that how they do it because it is a virgin land?

His claims above is why I came to nairaland to find out before anything.

AllDModsAreMaad:


God bless you for this response, it is helpful.

One more question, is it possible for a land not to have a paper/document at all?

I requested for paper/document on the land from the seller but the seller is telling me he bought 10 hectares and he is selling it bit by bit i.e in plots, and I don't expect him to give me the paper of all the 10 hectares, that I'm the one that will do the paper and bring it to him for filling, stamping and signing.

Honestly, the thing no dey clear to me.

Is that how they do it because it is a virgin land?

His claims above is why I came to nairaland to find out before anything.

You still have not informed me about the state where the land is located in Nigeria.

All lands sold in Nigeria should have a title document.
Land law in Nigeria states that all lands in the state and local govt belongs to the state, all federal lands belongs to the Federal Government.

Section 1 of the land use act states as follows:


"Subject to the provisions of this Act, all land
comprised In the territory of each state in the
federation are hereby vested In the Governor
of that state and such land shall be held in
Trust and administered for the use and
common benefit of all Nigerians in
accordance to the provision of this Act."

If the land was bought originally in large expanse and Is being sub-divided and sold as plots, it should have a Right of Occupancy or Certificate of Occupancy (which ever is issued by the authority involved) and backed by an irrevocable power of attorney.

It should be noted that section 5 sub-section 1 of the land use act give the Governor the power over all lands within his state whether urban or rural and empowers him to issue out Certificate of Occupancy (CofO) for any land given out as enshrined in section 1 of same act

Section 5 subsection 2 of same land use act, states, "Upon the grant of statutory right of
occupancy Under the provisions of subsection
(1) of this section all existing rights to the use
and occupation of the land which is the
subject of the statutory rights of Occupancy
shall be extinguished."

Please, if the seller isn't willing to offer you a copy of the Certificate of Ownership document after checking validity and authenticity of that land, with an irrevocable power of attorney for the part he has cut off for you, back out of the deal.

Cheers!

First, Questions you will need to ask the seller
1} what's the title on the land ( is it just family receipt and deed of assignment)?
2) has he done a registered global survey of the 10 hectares ( registered is very important) which is called red copy?
3} c of o?

Now to you the buyer
1) visit the baale or head of that community with a gift on a courtesy visit...ask on the history of the land
2} chart the land in particular by going to the ministry of lands of the state after getting the coordinate of the land (use the help of a surveyor, if you can do it yourself. You can get it by downloading the app on your phone)
3) if your findings looks good, call your lawyer

Since u said it's a virgin land...the seller might be right with his claims.

kingreign:

You still have not informed me about the state where the land is located in Nigeria.

All lands sold in Nigeria should have a title document.
Land law in Nigeria states that all lands in the state and local govt belongs to the state, all federal lands belongs to the Federal Government.

Section 1 of the land use act states as follows:


"Subject to the provisions of this Act, all land
comprised In the territory of each state in the
federation are hereby vested In the Governor
of that state and such land shall be held in
Trust and administered for the use and
common benefit of all Nigerians in
accordance to the provision of this Act."

If the land was bought originally in large expanse and Is being sub-divided and sold as plots, it should have a Right of Occupancy or Certificate of Occupancy (which ever is issued by the authority involved) and backed by an irrevocable power of attorney.

It should be noted that section 5 sub-section 1 of the land use act give the Governor the power over all lands within his state whether urban or rural and empowers him to issue out Certificate of Occupancy (CofO) for any land given out as enshrined in section 1 of same act

Section 5 subsection 2 of same land use act, states, "Upon the grant of statutory right of
occupancy Under the provisions of subsection
(1) of this section all existing rights to the use
and occupation of the land which is the
subject of the statutory rights of Occupancy
shall be extinguished."

Please, if the seller isn't willing to offer you a copy of the Certificate of Ownership document after checking validity and authenticity of that land, with an irrevocable power of attorney for the part he has cut off for you, back out of the deal.

Cheers!

I didn't see the question.

Osun state, Ijeshaland to be precise

AllDModsAreMaad:


I didn't see the question.

Osun state, Ijeshaland to be precise

Ask for the genuine papers, if he presents it, observe it if it's from a chief or family land or state govt issued document. From there do your background check with him and your lawyer. Do NOT just assume it's a legitimate land and pay money just like that.

kingreign:


Ask for the genuine papers, if he presents it, observe it if it's from a chief or family land or state govt issued document. From there do your background check with him and your lawyer. Do NOT just assume it's a legitimate land and pay money just like that.

Ok, thank you sir, I really appreciate.

After much inquiry, I was told it was the seller's sister's land, that she resides outside the country.

Jicqueville:
First, Questions you will need to ask the seller
1} what's the title on the land ( is it just family receipt and deed of assignment)?
2) has he done a registered global survey of the 10 hectares ( registered is very important) which is called red copy?
3} c of o?

Now to you the buyer
1) visit the baale or head of that community with a gift on a courtesy visit...ask on the history of the land
2} chart the land in particular by going to the ministry of lands of the state after getting the coordinate of the land (use the help of a surveyor, if you can do it yourself. You can get it by downloading the app on your phone)
3) if your findings looks good, call your lawyer

Since u said it's a virgin land...the seller might be right with his claims.

Ok noted, thank you.

After much inquiry I was told it is the seller's sister's land.

AllDModsAreMaad:

Ok, thank you sir, I really appreciate.

After much inquiry, I was told it was the seller's sister's land, that she resides outside the country.

Still insist that you want to see the landed documents. If there's none, ask them to make a sales agreement, with a lawyer that binds on both of you In presence of witnesses then take the document to your LGA land agency/authority for onward documentation pls.

kingreign:


Still insist that you want to see the landed documents. If there's none, ask them to make a sales agreement, with a lawyer that binds on both of you In presence of witnesses then take the document to your LGA land agency/authority for onward documentation pls.

Sorry to bother you with my many questions.

I will consider the sales agreement aspect, but hope there won't be any issue in a situation the sister abroad decided to come back to Nigeria and find the property (land in this case) already sold, since she is the owner according to findings, and also since I'm not dealing with her but her alleged brother?

AllDModsAreMaad:

Sorry to bother you with my many questions.

I will consider the sales agreement aspect, but hope there won't be any issue in a situation the sister abroad decided to come back to Nigeria and find the property (land in this case) already sold, since she is the owner according to findings, and also since I'm not dealing with her but her alleged brother?

I strongly suggest you speak to the owner of the land directly and have her consent. You can ask her to write a letter acknowledging her awareness and willingness to sell her property to you. This is to be signed by her and you, she may also have an ID card and a passport photograph attached to it. This way, she won't allege that you got the land without her consent or you encroached into her property.

AllDModsAreMaad:
Good day everyone,
There is this land I want to buy, I went to check it with my people recently because I need to show it to others to confirm since it is my first time of buying a land, it is good they like it.

The land according to the seller is not a family land because he already bought it from the family, and again, the land is a virgin land.

Now, it is time to make the payment but my people being people with experience on property matter told to request for a photocopy of the land document, so as to use it to check/verify if the land is genuine or not, but the seller who claims to be the owner said he bought it in hectares and selling it bit by bit i.e in plots, that I don't expect him to drop the documents of the hectares.
I told him, I need something to confirm the land I want to buy because things dey happen these days on top land matter.
He said I am the one that will do the surveying, I'm the one that will do the paper blah blah blah.

My question to the experienced nairalanders is this, please what do you suggest/advice I do in a situation like this?

Is it possible for a land not to have any paper at all even if it is not yet developed etc?

Please land owners, experienced people in land matters, those who have had similar issues etc, I need your valuable answers urgently on this because I don't want to rush and pay, since I am not yet cleared on it and I don't want to miss the opportunity of buying a land either...

If he bought the land in Hecters and selling plots by plots, then that is an estate. For this reason he needs to provide to you the estate map/plan so you can spot your plot to be sure it wasn't sold to anyone. If he fails to do that, then for me I would not pay him.

kingreign:


I strongly suggest you speak to the owner of the land directly and have her consent. You can ask her to write a letter acknowledging her awareness and willingness to sell her property to you. This is to be signed by her and you, she may also have an ID card and a passport photograph attached to it. This way, she won't allege that you got the land without her consent or you encroached into her property.

Thank you, God bless you so much!

Taigaban:
If he bought the land in Hecters and selling plots by plots, then that is an estate. For this reason he needs to provide to you the estate map/plan so you can spot your plot to be sure it wasn't sold to anyone. If he fails to do that, then for me I would not pay him.

Thank you so much