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Re: Land Without Document by Apipia: 7:56am On Jul 19, 2017
Karidqueen:
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.
If the survey plan is still eligible to read, the surveyor signature and name must be printed or written on it, that's is the first point to investigate that may lead to the first owner.
Or, you can advertise that the land is for sale and also at Enugu State land matters gazette for 21 days, when no objection is raised.You can proceed to go ahead and sell. Involve a lawyer at a little fee, preferably a female solicitor.
But you people might be taking a risk, why sell a land to finance a new business which has a probability of not succeeding within it's first seven years.
Interrogate your brother to present a business plan.
Finally, which area in Enugu is the land located?

1 Like

Re: Land Without Document by akeensbussy(m): 8:05am On Jul 19, 2017
if you know the family or person your dad bought the Land from, ..Just take the new buyer to them, tell the family to issue family receipt and sign the Deed of Assignment for the new buyer.

Be ready to path with money from sale of the property.

cheers!

1 Like

Re: Land Without Document by Rapture4real(m): 8:20am On Jul 19, 2017
There is no serious issue here as long as your father is the genuine owner of the land.There is a surveying plan already,go get a lawyer to help.you draft a deed of agreement between the family and the buyer using the name on d survey plan.Any competent lawyer will tell you what to do

1 Like

Re: Land Without Document by calddon(m): 8:26am On Jul 19, 2017
nymphomaniac:
the land beonged to her late father and isnt family land. 2. Power of attorney doesnt convey good title to a buyer.
Then i guess the one to whom the ppty is willed or the next of kin.... .. But in most cases where father doesn't share his land b4 hus demise d said ppty metamorphosis into a family land pending due sharing my members of the family. I however stand to be corrected.
Re: Land Without Document by lonelydora: 8:44am On Jul 19, 2017
Karidqueen:
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.

Was there any "hand written" agreement between the then seller and your late dad? Was there any form of receipt after payment?
Re: Land Without Document by lonelydora: 8:48am On Jul 19, 2017
edo3:
Op wants to play fast one on his family or u think we don't know? Nobody should give any idea biko.
Thought so too.
Re: Land Without Document by Tripplejay23(m): 9:12am On Jul 19, 2017
Meet the seller and request for the documents abi she don die ni?
Re: Land Without Document by Sterope(f): 9:29am On Jul 19, 2017
Karidqueen, if you don't want any issues with the land please get an experienced property lawyer and no, any lawyer will not do. For you own good, contact an experienced lawyer!

And please do not contact the previous owners!

2 Likes

Re: Land Without Document by Karidqueen(f): 9:30am On Jul 19, 2017
Apipia:

If the survey plan is still eligible to read, the surveyor signature and name must be printed or written on it, that's is the first point to investigate that may lead to the first owner.
Or, you can advertise that the land is for sale and also at Enugu State land matters gazette for 21 days, when no objection is raised.You can proceed to go ahead and sell. Involve a lawyer at a little fee, preferably a female solicitor.
But you people might be taking a risk, why sell a land to finance a new business which has a probability of not succeeding within it's first seven years.
Interrogate your brother to present a business plan.
Finally, which area in Enugu is the land located?

Thanks for your ideas, but not taking risk is still the biggest risk or do you wanna help out financially? I think he has a good one.The land is located along that Ama breweries
Re: Land Without Document by Karidqueen(f): 9:38am On Jul 19, 2017
lordyugo:



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

Thanks for the wonderful advice. I think the land is located in the outskirt part of Enugu
Re: Land Without Document by 400billionman: 10:36am On Jul 19, 2017
Karidqueen:
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.

Where in Enugu is your land located ?
Re: Land Without Document by tipdrips: 11:08am On Jul 19, 2017
Re: Land Without Document by Akwaudene87(m): 11:12am On Jul 19, 2017
I am in Enugu I can get you a buyer
Re: Land Without Document by ramaju: 12:07pm On Jul 19, 2017
I have a feeling that someone is out to cheat others. Here in East, women don't get overtly concerned on how to sell family land. You have a brother that needs to be funded through the sale of the said property, let him do it not you woman. By the way there is no way a man bought a property as recently as 2004 in Enugu without a deed. It is may be somebody who does not want the land to be sold in with the DEED.

1 Like

Re: Land Without Document by sapele914(m): 8:51pm On Jul 19, 2017
edo3:
Op wants to play fast one on his family or u think we don't know? Nobody should give any idea biko.
Bad Belle Demon,nothing good ever comes from you. Now back to the issue at hand,
If your late dad is the owner you need a letter of administration which can be quite cumbersome, or you go back to the family that sold it to your dad initially,which may be a lot easier if they are ready to help you,you can't sell a dead persons property without a letter of Administration from a High Court. Once you can obtain the Letter of Administration,everything becomes easy, get a lawyer to write an agreement in accordance with the provisions of section 34 of the Land Use Act.
Re: Land Without Document by edo3(m): 9:08pm On Jul 19, 2017
sapele914:
Bad Belle Demon,nothing good ever comes from you. Now back to the issue at hand,
If your late dad is the owner you need a letter of administration which can be quite cumbersome, or you go back to the family that sold it to your dad initially,which may be a lot easier if they are ready to help you,you can't sell a dead persons property without a letter of Administration from a High Court. Once you can obtain the Letter of Administration,everything becomes easy, get a lawyer to write an agreement in accordance with the provisions of section 34 of the Land Use Act.
Bros u know me before? hia..
Re: Land Without Document by Karidqueen(f): 11:25pm On Jul 19, 2017
ramaju:
I have a feeling that someone is out to cheat others. Here in East, women don't get overtly concerned on how to sell family land. You have a brother that needs to be funded through the sale of the said property, let him do it not you woman. By the way there is no way a man bought a property as recently as 2004 in Enugu without a deed. It is may be somebody who does not want the land to be sold in with the DEED.

Your stupidity can't just be passed without a glance. Women don't get overtly concern about family land Really? for fvck sake dude this is a nuclear family not your extended one. Tryna calm down and read the part that said my youngie. And how recent is your own 2004, cause the last time I checked even Paul Pogba wouldn't have gone for the least 30million pounds.
Re: Land Without Document by Karidqueen(f): 11:31pm On Jul 19, 2017
sapele914:
Bad Belle Demon,nothing good ever comes from you. Now back to the issue at hand,
If your late dad is the owner you need a letter of administration which can be quite cumbersome, or you go back to the family that sold it to your dad initially,which may be a lot easier if they are ready to help you,you can't sell a dead persons property without a letter of Administration from a High Court. Once you can obtain the Letter of Administration,everything becomes easy, get a lawyer to write an agreement in accordance with the provisions of section 34 of the Land Use Act.

About the dead man's property, he willed all his property to my younger brother who happens to be the only son. I guess the land now lawfully belongs to him. And this land is just in outskirt of Enugu...Akama Oghe (if I get the spelling right) to be precise. Isn't there an easier way to go about it than stressing up because he'll be the one to do all this not me
Re: Land Without Document by ramaju: 2:26am On Jul 20, 2017
Karidqueen:


Your stupidity can't just be passed without a glance. Women don't get overtly concern about family land Really? for fvck sake dude this is a nuclear family not your extended one. Tryna calm down and read the part that said my youngie. And how recent is your own 2004, cause the last time I checked even Paul Pogba wouldn't have gone for the least 30million pounds.


Truth hurts and you can go on cursing till eternity but I assure you, it won't change what I wrote. I have seen ladies like you trying to sell off their family property but failed when they thought the deal has been done. I will advise you not to embark on the this journey if you are out to short change your people only to use the proceeds for bleaching cream and Peruvian weaves.
Re: Land Without Document by Karidqueen(f): 8:31am On Jul 20, 2017
ramaju:


Truth hurts and you can go on cursing till eternity but I assure you, it won't change what I wrote. I have seen ladies like you trying to sell off their family property but failed when they thought the deal has been done. I will advise you not to embark on the this journey if you are out to short change your people only to use the proceeds for bleaching cream and Peruvian weaves.

Thanks... You've gotten the attention, Oya face front. I pray someone from afar jumps into your business next time without knowing the truth behind it
Re: Land Without Document by ramaju: 10:15am On Jul 20, 2017
Karidqueen:


Thanks... You've gotten the attention, Oya face front. I pray someone from afar jumps into your business next time without knowing the truth behind it
And thanks for your wonderful life changing attention.
Re: Land Without Document by Nobody: 11:09am On Jul 20, 2017
Karidqueen:
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.

Kadridqueen,

The assumption is that your late dad actually bought it from someone, and was not given as a gift (otherwise, there should be proof of what he did to merit the gift), so there would be a receipt of payment stating the date and the names of the transferor and transferee (your dad). Also, being a communal land, there may not be any deed of assignment. Another assumption is that, the land is still the way your dad bought it, or at most any further improvement on it was done by your late dad, and not by another party.
Now, let's take it from there.. The survey plan alone cannot be a valid document of transfer. Hence, you should be able to produce at least the receipt of sale. To transfer your interest in this land, you need proof of ownership and that's what the receipt does. So, let's assume your dad died intestate (without will) you will need a letter of administration from the High Court Registry (your lawyer will guide you) to empower you to transfer the estate of your dad. An affidavit will do justice to the fact that you can't find the receipt.. This will suffice in the absence of any evidence to the contrary.
And if the property falls under a will from your dad to someone else, then that person alone can transfer the interest in it (except if the person is a minor).
You can then further consolidate the documents at hand by asking your surveyor or lawyer for help.. The reason being that, it helps in marketability and also increases the value of the property.
#My_Opinion
Re: Land Without Document by lordyugo: 11:56am On Jul 20, 2017
Karidqueen:


Thanks for the wonderful advice. I think the land is located in the outskirt part of Enugu

uwc dear.since its outskirts try and locate the family that sold the land, vry important u guys check if there hv bn any encroachment.
Dnt worry bout c of o ,as long as u have d survey plan and the agreement bw ur dad and the family.even if theres no survey plan the family will show u the land and you re- survey. The family will want money thats normal in customary land ownership but make sure its not much.
Re: Land Without Document by proddey(m): 9:47am On Jul 21, 2017
You might end up having to go to court on this matter to verify ownership of the land and it might be a very lengthy process.
Re: Land Without Document by Nobody: 10:57pm On Apr 06, 2018
Hello sir, am confused. My dad has a land in ekiti state.
The land only has approved building plan, but my dad is dead.

My mummy is still alive.
What is different between letter of administration and dead of gift.

I approached probate registry they asked to bring passport of next of kin, money for publication and some office payment.

What I want to ask for is that is deed of gift or letter of administration okay for me to use as traveling document, because I want to use it for Canadian travelling purpose.

And for the quantity surveying, can evaluation be done on it whout survey plan or deed of assignment



PropertiesNaija:


Kadridqueen,

The assumption is that your late dad actually bought it from someone, and was not given as a gift (otherwise, there should be proof of what he did to merit the gift), so there would be a receipt of payment stating the date and the names of the transferor and transferee (your dad). Also, being a communal land, there may not be any deed of assignment. Another assumption is that, the land is still the way your dad bought it, or at most any further improvement on it was done by your late dad, and not by another party.
Now, let's take it from there.. The survey plan alone cannot be a valid document of transfer. Hence, you should be able to produce at least the receipt of sale. To transfer your interest in this land, you need proof of ownership and that's what the receipt does. So, let's assume your dad died intestate (without will) you will need a letter of administration from the High Court Registry (your lawyer will guide you) to empower you to transfer the estate of your dad. An affidavit will do justice to the fact that you can't find the receipt.. This will suffice in the absence of any evidence to the contrary.
And if the property falls under a will from your dad to someone else, then that person alone can transfer the interest in it (except if the person is a minor).
You can then further consolidate the documents at hand by asking your surveyor or lawyer for help.. The reason being that, it helps in marketability and also increases the value of the property.
#My_Opinion

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