Hello house,

There is this land one of my siblings intend to buy in Ibadan.

But the seller is saying the tittle he has on the land is receipt ( which he got from omo onile ) and law of agreement.

Whereas i am insisting on deed of assignment but he his claiming that in Ibadan what they are using
is law of agreement.

So my question is the law of agreement the same is as deed of assignment?


Thanks

Anyone please

Please house I need response.

Thanks

Hello

Well a receipt only evidences payment and cannot transfer title. Now i want to assume the law of agreement is a mere contract of sale, different from a deed of assignment and doesn't conclude a transaction.

the most important thing to check here is the root of title of the seller I.e how did he become the owner of the property, the history of that property should be traced step by step till it gets to him. Ask if the previous title is registered, if registered then he can transfer a valid title via a deed of assignment which should be registered so that he can have an unimpeachable title.

esthel:
Well a receipt only evidences payment and cannot transfer title. Now i want to assume the law of agreement is a mere contract of sale, different from a deed of assignment and doesn't conclude a transaction.

the most important thing to check here is the root of title of the seller I.e how did he become the owner of the property, the history of that property should be traced step by step till it gets to him. Ask if the previous title is registered, if registered then he can transfer a valid title via a deed of assignment which should be registered so that he can have an unimpeachable title.

Thank you so much.

We are now considering to employ the service of a p
rofessional real estate manager or registered land surveyor to help us do the verification of the land.

More opinion please

K

Jerie:


I'm a property lawyer in Lagos and I regularly undertake similar verification for land buyers. So, I'll advise you based on my experience.

1. There is nothing like Law of Agreement. It is either Land Agreement, Deed of Assignment, Land Sale Agreement or something similar.

2. It is either your siblings read the title wrongly, the seller got it wrong or it was drafted by an illiterate. Even a quack lawyer won't make that foolish mistake.

3. With your purchase receipt, you can undertake verification of the property.

3(b) I strongly suggest you get a PROPERTY lawyer not just any lawyer. The difference would show in the advice you get and protective clauses you get in your documents. If you get a property lawyer, you are saved some of the steps below.

4. Get a Surveyor to obtain physical coordinates of the land and confirm if it is under government acquisition. If under government acquisition, confirm if it is under committed acquisition or under ratifiable acquisition.

5. Once the above checks out, trace the family members using their receipts. Ensure the Principal members (Family head, Secretary and others) were aware of the transaction where the seller bought the land.

6. You see that receipt, check it well. Was it written that they sold the land fully or it is 'lease' they wrote on it?

7. Before you buy, get a Surveyor to measure the land to ensure the land size is as stated in the Seller's survey plan. You'll also need your survey plan so prepare for that.

8. Get a real estate lawyer to sum up all your findings and advice accordingly.

9. Ibadan has a very robust land litigation sector, it is better you protect your investments than join the long list of litigants.

Cheers

Wow! What an educative post. Thank so much.

I really appreciate.