I bought a land in a gated estate developed by a very popular real company in Lagos. Among the title documents of my purchased land given, I noticed Deed of sub-lease was given to me rather than the usual Deed of Assignment. I have been worried by the word " Deed of sub-lease".

Is it that the estate company still owns the land I have legally bought from them and only leasing it to me for number of years. Does that mean I am still a glorified tenant in the estate even if I build house on my land in the estate? Why can't they issue Deed of Assignment like Omonile do? So that after 99 years of certificate of occupancy, Me ( if still alive) or my children in future will renew it directly from the government. Is it safe for me to accept the deed of sub-lease? The word sub-lease is just irritating to me after spending millions of naira buying land in the estate.

My mind is telling me that after the Deed of sub-lease expires, the estate companies may legally take over houses and land in their estates in future.


I need advice from nairalanders. Mod please post it on front page.

I'm eager to learn o.

Not even a deed of Lease, but deed of sub-lease. Check the Contract you signed before making payments, if there was a clause within the structures of the contract that specified sub-lease as the title you will be getting.

It is a breach of contract if signed an agreement to receive Deed of Assignment but given deed of sub lease.

The first question any property buyer should ask is the title on the land.

Fact is: The owners of that estate have a game plan and it is definitely not in your favor but theirs. Ask for a refund if the specified title on the paperwork wasnt sub lease. Not cool.

Deed of Sub lease is issued in a situation where the land in question is being leased out to you for a period of time.

When you purchase the land outrightly, a Deed of Assignment should be issued to you.

Raise an alarm as quickly as possible. You may wish to involve a lawyer.

Cc: Lawyer

I made an investigation. I discovered most so called Private estates in Lagos give Deed of sub lease to outright buyers. Except if you buy land from individual or omonile/family land, you get deed of assignment. These modern private estate companies are not to be trusted.

edoman2016:
I made an investigation. I discovered most so called Private estates in Lagos give Deed of sub lease to buyers. Except if you buy land from individual or omonile/family land, you get deed of assignment. These private estate companies are not to be trusted.

Check your subscription form you submitted when you bought the land. Is it Deed of Sub-lease or Deed of Assignment that was quoted on the form?

The document usually given are
Deed of contract
Invoice
Receipt payment
Letter of acknowledgment
Deed of assignment
Global c of o

That your own document is confusing

skedman:
The document usually given are
Deed of contract
Invoice
Receipt payment
Letter of acknowledgment
Deed of assignment
Global c of o

That your own document is confusing

It is deed of sub lease. I asked some homeowners in Royal garden estate lekki, Diamond estate, Victory park estate, osapa lekki etc. They all confirmed they were given deed of sub lease too.

I will get in touch with my estate company that I am not interested in estate land anymore. My money should be refunded. I will buy individual or family land who give deed of assignment. From my conversation with homeowners in nice estates in lekki axis who were given deed of sub lease, they also look worried if it won't create a problem for their children in future after they inherit their houses. What happens after the deed of sub lease expire, they don't know too? I can't take that risk abeg.

edoman2016:

It is deed of sub lease. I asked some homeowners in Royal garden estate lekki, Diamond estate, Victory park estate, osapa lekki etc. They all confirmed they were given deed of sub lease too.

Which is better between Deed of Assignment and Deed of Sublease?

The deed of sublease is for 99 years and subject to renew at expiration on the sub-lesssor's term which include renewal fee to be determined by the sub-lessor.

The deed of assignment does not state any renewal except that the C of O is 99yrs that can be renewed with govt. according to land use act of 1978.
SURVEY PLAN: is a document that measures the boundary of a parcel of land to give an accurate measurement and description of that land.

• EXCISION: An excised land is a land that has been released by the government to the indigenes of the area who originally owned the land before the government acquired it. This means that the land is no longer under government acquisition and processing of C of O (Certificate of Occupancy) is possible.

• GAZETTE: A gazette is an official record book, where all special government details, are spelt out, detailed and recorded. A gazette will show the communities and villages that have been granted excision and the number of acres or hectares of land that the government has given to them.

• CERTIFICATE OF OCCUPANCY (CofO): it’s a land document issued by the state government to officially lease any land under the state to you (the applicant), for 99years. As already indicated above, all lands belong to the government. A CofO however is the officially recognized land document for demonstrating rights to a land. A certificate of occupancy can either be for residential, commercial or agricultural purpose. It is usually granted for a fixed term of 99 years and 25 years for agricultural lands.

What happens after 99years? The reasonable response to this for now, still remains that, the buyer can renew the certificate of occupancy when it expires.

• DEED OF ASSIGNMENT: It’s actually a document that shows that you are now the new owner of the land. It is an agreement between the seller of a land/property and the buyer; showing evidence that the seller has transferred all his/her rights, titles, interests and ownership of the land to the buyer.

• GOVERNOR’S CONSENT: It’s a land document that is obtained whenever you buy a land with CofO. It’s the land document that lets the Governor and the general public know that the land in question has changed hands.

• RECEIPT: This land document is the least of all and it’s just for the seller to acknowledge that he/she has received the due money he/she wants to sell the land. As simple as this document may seem or appear, it is still very important for future purposes.

• RATIFICATION: means giving formal consent to a contract or agreement thereby making it validly official.

• DEED OF RECTIFICATION: as the name connotes is a document executed by parties for the purpose of correcting an error in a previous deed. This only applies to error in a registered deed of assignment.

• CONTRACT OF SALE: of Real Property is a contract between two or more parties in which the seller agrees to sell and the buyer agrees to buy a real property. The contract outlines the terms and conditions for the sale and purchase of the property.


For purchase of lands and properties, inspections, deals, Offers and negotiation kindly

Hi Edoman2016,

Any luck with this?

Please share update so that we can all learn.

Thanks

edoman2016:
I bought a land in a gated estate developed by a very popular real company in Lagos. Among the title documents of my purchased land given, I noticed Deed of sub-lease was given to me rather than the usual Deed of Assignment. I have been worried by the word " Deed of sub-lease".

Is it that the estate company still owns the land I have legally bought from them and only leasing it to me for number of years. Does that mean I am still a glorified tenant in the estate even if I build house on my land in the estate? Why can't they issue Deed of Assignment like Omonile do? So that after 99 years of certificate of occupancy, Me ( if still alive) or my children in future will renew it directly from the government. Is it safe for me to accept the deed of sub-lease? The word sub-lease is just irritating to me after spending millions of naira buying land in the estate.

My mind is telling me that after the Deed of sub-lease expires, the estate companies may legally take over houses and land in their estates in future.


I need advice from nairalanders. Mod please post it on front page.