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Nairaland Forum / Nairaland / General / Properties / Land Without Document (11105 Views)
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Land Without Document by Karidqueen(f): 8:20am On Jul 18, 2017 |
Good morning everyone, I have an issue at hand. My late dad bought a land somewhere in Enugu in the year 2004. Now my family wants to sell the land in other to fund my younger brother for a new business he wants to venture into. My issue now is that, this piece of land doesn't have any official document like C of O or any sort. The only thing my mum could provide is some kinda paper they used in surveying the land before the purchase. So am kindly asking for you guys help on how to go about it. cc: PropertiesNaija , lawyer. |
Re: Land Without Document by sholatech(m): 9:05am On Jul 18, 2017 |
I guess there was a signed 'Deed of Assignment' or simple agreement between your late dad a previous land owner? Atimes, you can get the buyer to buy the land as you have it and thus new buyer will go to process the C of O in his own name. 12 Likes 1 Share |
Re: Land Without Document by Khutie: 10:38pm On Jul 18, 2017 |
sholatech: Nice one………Just learnt a new thing... KaridQ Oya drop ya contact make I tell yhu as e dey be 1 Like |
Re: Land Without Document by MrMcJay(m): 3:14am On Jul 19, 2017 |
Karidqueen: Very easy but very technical. Since it belonged to your late Dad, you need a legal document empowering you to sell. This could be a Will or Letter of Administration. To answer your question, let the new buyer reach out to the person(s) who sold to your late Dad. These previous sellers would sign the Land Agreement for the new buyer as if he's buying from them directly. Your mom and all siblings can sign a contract of sale or other documents transferring equitable rights to the buyer. 6 Likes 1 Share |
Re: Land Without Document by nextprince: 6:50am On Jul 19, 2017 |
Although I'm not an expert in this field, I know this is not a problem. After all, the initial documents did not fall from heavens, they were written by man. 24 Likes 1 Share |
Re: Land Without Document by edo3(m): 6:55am On Jul 19, 2017 |
Op wants to play fast one on his family or u think we don't know? Nobody should give any idea biko. 16 Likes 2 Shares |
Re: Land Without Document by Waspy(m): 6:56am On Jul 19, 2017 |
Form/Write out/Produce/Make a new document to the effect nao..............A document always has an origin. It can be from you. |
Re: Land Without Document by Oladelson(m): 6:56am On Jul 19, 2017 |
yes, try and get a lawyer to stand nd get an affidavit! 2 Likes |
Re: Land Without Document by pepemendy(m): 6:57am On Jul 19, 2017 |
. |
Re: Land Without Document by habex005(m): 6:59am On Jul 19, 2017 |
Interesting |
Re: Land Without Document by balash(m): 7:01am On Jul 19, 2017 |
It won't be easy..but u need prayer mhen |
Re: Land Without Document by Dc4life(m): 7:03am On Jul 19, 2017 |
Not advisable |
Re: Land Without Document by tahoe(m): 7:04am On Jul 19, 2017 |
nextprince: Mr I like the way you think. anytime I am faced with a problem that's how I also think, everything we struggle for on this earth is man made 11 Likes |
Re: Land Without Document by Threebear(m): 7:05am On Jul 19, 2017 |
Very easy, once you are sure it is truly your land. Go to the police station and get a police report, then swear a court affidavit, let the buyer prepare a deed of agreement with the two things you've sworn over to him, then you get every member of your family to sign along with a witness. 1 Like |
Re: Land Without Document by nextprince: 7:05am On Jul 19, 2017 |
tahoe:Exactly bro, 95% of man's problems are man made. 3 Likes |
Re: Land Without Document by Benoxvals(m): 7:15am On Jul 19, 2017 |
Where in Enugu??have u found a buyer? |
Re: Land Without Document by MONEYJOEE: 7:16am On Jul 19, 2017 |
The new buyer can get a fresh document. Ain't no problem girlie |
Re: Land Without Document by sunnyb0b0(m): 7:17am On Jul 19, 2017 |
Karidqueen: There should be a "deed of assignment" and "irrevocable power of attorney" |
Re: Land Without Document by Brendaniel: 7:21am On Jul 19, 2017 |
It can be sold, as long as you have the original receipt, also get a lawyer involved in the process, he will guide you better, as i talk to you here, About 70 percent of lands owned in Nigeria don't have c of o, thanks to our wicked and slow governments in various states.... |
Re: Land Without Document by calddon(m): 7:26am On Jul 19, 2017 |
The prospective buyer should go for a search to ensure the land is not under a cloud and rightfully belongs to your family after which A deed of assignment signed by the head of ur family could suffice duly stamped and sealed by a learned man injuris . Oooooo i forgot an irrevocable power of attorney should be prepared. |
Re: Land Without Document by nymphomaniac(m): 7:33am On Jul 19, 2017 |
Being a lawyer, i will give you this advice: 1. Get a lawyer who confirms truly the land belonged to your late father and the land isnt encumbered. 2. Since he is late, he either died testate or intestate. If its the former, an assent should have been given to whoever the land was divested to. If the latter, let your mom get letters of administration. This will enable smooth selling of the land. Reason you have to go through this stress is that if the prospective buyer is smart and has a lawyer, they will ask for these things and failure to provide them will see them run away cos no one wants to buy litigation. A lawyer will better explain to u sha so get one in conclusion. Regards 2 Likes |
Re: Land Without Document by obaoyedotun(m): 7:35am On Jul 19, 2017 |
The survey is enough to sell and if they have a receipt that can help back it up as long has there has been no dispute as to ownership since Karidqueen: |
Re: Land Without Document by nymphomaniac(m): 7:37am On Jul 19, 2017 |
calddon:the land beonged to her late father and isnt family land. 2. Power of attorney doesnt convey good title to a buyer. |
Re: Land Without Document by toxxnoni(m): 7:41am On Jul 19, 2017 |
Ehn |
Re: Land Without Document by FirstCounsel(m): 7:47am On Jul 19, 2017 |
MrMcJay:I agree with you |
Re: Land Without Document by Grace001: 7:48am On Jul 19, 2017 |
Get a Deed of agreement |
Re: Land Without Document by FirstCounsel(m): 7:48am On Jul 19, 2017 |
nymphomaniac:This is also another way around it. Cheers |
Re: Land Without Document by ekevwe(m): 7:49am On Jul 19, 2017 |
Do this. 1. get a lawyer 2. meet the community heads. 3. meet family members if the land is in the village 4. make sure your siblings are in agreement with you 5. the previous owner if late, his family members must be informed. 6. your mum should be considered. 7 be prayerful..... Your lawyer will explain to you, remember you are giving all money as well for smooth processes 1 Like 1 Share |
Re: Land Without Document by nymphomaniac(m): 7:52am On Jul 19, 2017 |
ekevwe:prayer kwa....nigerians are too religious walahi. Is she fighting a war? 2 Likes |
Re: Land Without Document by aguiyi2: 7:52am On Jul 19, 2017 |
OP, dont go back to the original seller to your dad.If He/they realize that the sale documents is lost they might turn out playing funny.Get a good lawyer to see you through.Documents get missing or burnt doesnt mean it is the end of the road. 9 Likes |
Re: Land Without Document by lordyugo: 7:53am On Jul 19, 2017 |
Karidqueen: first of all confirm if there hv been any form of encroachment since its been 13yrs.u hv diff options 1 locate the previous owners and tell them u want to do another agreement but in ur bros name and it will cost a lil money depending on the area. 2 u can as well go wit the potential buyers to meet the previous owners so he confirms from the family. Note even if u hv all the required documents you will still meet the previous owners.standard practice. 3 once u hv confirmed the beacons are still intact u can register the survey plan at lands, it will gv the buyers confidence ,am sure the land is at d outskirts of enugu, so dnt worry bout c of o its strictly adhered to when its an urban area. 4 if u can get a good forge artist to forge ur dads signature then u can do d transfer in ur bros name, u can meet all these fine artists .they are gud. 5 u can meet a lawyer to help u process for letters of administration which might take time and money. sale of land gets difficult if its in an urban area without relevant documents but outskirts and rural all u need worry bout is settling the previous owners cos its standard practice and hoping there is no encroachment. My advice if its not urban ,heed advice 1 and 2 if its urban then go for letters of administration and register or chk if the survey plan is registered 1 Like |
Re: Land Without Document by money121(m): 7:55am On Jul 19, 2017 |
Okay oo |
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