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What Constitutes Good And Bad Roots Of Title? - Investment - Nairaland

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What Constitutes Good And Bad Roots Of Title? by Geomartinsurvey(m): 1:52pm On Nov 30, 2019
Flowing from the reactions with respect to the Legal status of the Certificate of Occupancy, it becomes incumbent to state clearly the good and the bad roots of title to land in Nigeria. They are as follows:
EXAMPLES OF DOCUMENTS CONSTITUTING GOOD ROOT OF TITLE
1. Deed of gift: This is because a gift of land is permanent
2. Duly perfected Deed of Assignment: This is because it transfers unexpired term
3. Deed of legal mortgage: This is because it transfer legal interest
4. Land certificate-Title acquired by a subsequent purchaser of registered estate under the RTL (Registration Title Law)
5. Certificate of purchase: It certifies sale of land pursuant to a court process.
6. Assent (PCL)and probate
7. Deed of Conveyance: It was in force before the the advent of the Land Use Act. It gives absolute title forever, without the payment of any ground rent. Unlike the C of O, where the grantee is made a tenant for 99 years, coupled with payment of ground rent every year. else, it is revoked.
EXAMPLES OF DOCUMENTS CONSTITUTING BAD ROOT OF TITLE
a. Lease: This is because it transfers only possession not title
b. Licence: It is because because the holder is only to keep the property
c. Will
d. Power of Attorney: The Donee is only acting for the donor.
e. Unregistered deed of assignment.
f. An equitable mortgage, does not covey the legal interest
g. Certificate of occupancy; (is alone not sufficient evidence of title because it can displaced-OGUNLEYE V. Oni.

As Surveyors, please watch out.

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