₦airaland Forum

SIGN YOUR PROPERTY AND BUSINESS DOCUMENTS YOURSELF OR GIVE A POWER OF ATTORNEY

Buying a land or building/house? Signing a business deal? Before you let anyone sign on your behalf, ask yourself: have I given him a valid Power of Attorney?

If your answer is 'No' then you have to issue a written Power of Attorney.

Under Nigerian law, no one (not your brother, wife/husband, Lawyer or even your Pastor) can legally sign land, building or business documents for you unless you have given them a valid Power of Attorney prepared by a Property/Business Lawyer.

Without this legal document, anything they sign is a worthless piece of paper.

Imagine buying land in Port Harcourt, and your cousin signed on your behalf but with no Power of Attorney. That land is as good as lost. Courts do not care about your family understanding. They care about taking proper legal steps.

A Power of Attorney is not a mere formality. It is a powerful legal tool that gives someone authority to act in your name, with limits and responsibilities clearly spelled out.

It protects you, your assets and ensures your transaction is valid.

Do not make the legal mistake of trusting blindly. If someone must sign on your behalf, first give him a proper Power of Attorney. Anything less is legal suicide.

Protect your landed property, your business and investments.

Give a Power of Attorney to someone or sign by yourself.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

LAND AND BUILDING PURCHASE DOCUMENTS DO NOT NEED COURT STAMP

You just bought land. A Lawyer or estate agent insists you must take your documents to court for a Magistrate to sign and stamp them.

Sounds official. Right? Wrong. That is not legal protection; it is a waste of time and money.

This practice is a cleverly packaged scam dressed in supposed legal robes and rubber stamp.

A Magistrate’s signature on your land or building documents does not prove ownership or show that you own the property.

It does not give you any legal advantage, neither does it protect your property rights or give you any legal edge. All it does is create false confidence while draining your wallet.

Real property ownership in Nigeria is built on three pillars: a valid Deed (purchase document), due diligence (investigations by a Property Lawyer) and registration at the land registry.

Anything outside this is unnecessary; especially the legal drama of stamping land/building documents in court.

Sadly, many buyers have fallen for this act, paying hefty “court endorsement fees” for a signature that holds zero legal weight.

It is an empty ritual that impresses the ignorant and enriches the dishonest.

The court has no business validating your land documents. If anyone tells you otherwise, he is either misinformed or trying to deceive you.

Follow the law, not the drama.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

HERE IS THE SMART WAY TO BUY LAND OR BUILDING

He had saved for years, dreaming of owning land in Port Harcourt. When he finally found the right plots, something held him back, fear.

He had seen it happen: buyers losing millions of naira to fake sellers, land grabbers taking over properties and unending land issues.

He wanted land, not heartbreak.

So he asked us at Apex Chambers the right question: “what’s the smart way to buy land without regrets?”

We gave him the answer:

• Engage a Property/Real Estate Lawyer from day one. They see what you don’t. They protect what you cannot.

Inspect the Land Physically. Photos can lie. Step on the land.

Request and Review Documents. Ask for the survey plan, deed of conveyance and other ownership documents.

Confirm Who Truly Owns It. Don’t just trust the person showing you the land.

Conduct a Proper Land Registry Search. This reveals hidden problems no seller will tell you.

Perfect the Ownership. Register it in your name. If it’s not registered, it’s not fully yours.

Take Physical Possession Immediately. Fence it. Do something on it. Secure it.

The smart way to buy land/building is to get an experienced Property Lawyer to verify the seller’s ownership, conduct official search, confirm all documents, prepare the purchase documents, register your ownership and ensure you take possession immediately.

He followed these steps. Today he’s not worried; he’s winning.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

SITE PLAN OR SURVEY PLAN: WHICH ONE YOU SHOULD GO FOR WHEN BUYING LAND/BUILDING 

One major mistake ruins lives, empties bank accounts and shatters land ownership dreams: mistaking a Site Plan for a Survey Plan.

As we always say in Apex Chambers, if you are buying or developing land in Nigeria and do not know the difference, you are heading towards legal trouble.

A Site Plan is an unregistered Survey Plan. It may look the same: showing land layout, name of buyers and address of the land, size in square metres, beacons and coordinates.

But until it is registered and lodged with the Ministry of Lands and Survey, it is legally empty. It has no official backing, no legal force.

It is just a draft on paper. It cannot help prove ownership. It is useless in court. And it cannot be used for any proper land documentation.

A Survey Plan is prepared by a licensed Surveyor, stamped and sealed, it is registered and backed by Government official land and survey records.

It confirms land boundaries, secures legal ownership, knocks off trespassers, and is mandatory for Certificate of Occupancy (C of O), Governor’s Consent, stamp duty compliance, land registration, estate development and accessing loans.

Key features include:
– Precise coordinates and size
– Government-registered beacon numbers
– Surveyor’s seal and signature
– Lodgment in official records

Most people choose Site Plans to cut costs; it is not advised.

A Site Plan is a trap. Get a registered Survey Plan.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

VERIFY LAND CO-ORDINATES BEFORE BUYING

Buying land without verifying the coordinates is like walking blindfolded into an expressway. You may get lucky, you may not.

A Survey Plan may appear genuine, yet the coordinates on it could point to a land completely different from the one you were shown.

Land coordinates are precise numbers (called Northing and Easting) that show the true and exact position of land on earth. They are the heartbeat of any valid Survey Plan.

What the seller or estate agent says is “your land” may not align with the coordinates in the survey plan or what is physically on ground.

If you are not careful, you may pay for one land and end up with an entirely different land. Many buyers have discovered too late that their Survey Plan points to land already owned by someone else or located in a swamp, right on a road or in the middle of nowhere.

Some have even lost buildings during demolitions because their coordinates were wrong and they built on land they never actually owned.

Remember, any building you erect on a land belongs to the owner of the land.

So confirm that the coordinates match the land being shown to you. Get a licensed Surveyor or a Property Lawyer to verify it. Do not rely on assumptions.

If the coordinates do not tally with the actual location of the land, do not buy.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

CONFIRM THE ACTUAL SIZE OF THAT LAND BEFORE YOU BUY

When it comes to land, be sure that what you are told is what you are truly getting.

In Nigeria, Survey Plan (the document that accurately measures land) always states the size of land in square metres. But sellers, estate agents and developers often describe land in plots. Here lies the trick.

Under the law, a plot of land/real estate is not a fixed measurement. While many assume a plot equals 465 square meters (or 50ft by 100ft), others refer to a plot as 500sqm, 600sqm or even 300sqm depending on the State or estate layout.

So when a seller says “one plot" what exactly does that mean? It could be far less than you think.

This confusion creates a perfect opportunity for cheating, especially if you are not familiar with converting square metres to plots.

Imagine paying for “a full plot” only to later discover that you bought 320 square metres instead of the 465 or 500 you assumed.

That is why it is absolutely important to confirm the actual size of the land in square metres before making payment. Do not rely solely on unverified measurements, site markings or verbal claims.

Request a survey plan, study it and verify the figures. Ensure it matches what was promised and agreed on.

If you cannot interpret survey plans, consult a professional (a Property Lawyer or licensed Surveyor). Insist on accurate measurements, not assumptions or guesswork.

Go and verify.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

DON'T WORSEN YOUR PROPERTY OR BUSINESS LEGAL ISSUES

We all make mistakes; nobody is above mistakes. After all we are humans.

But when you make property/real estate or business transaction mistakes, then you need to, as fast as possible, engage a very experienced Property/Real Estate or Business Lawyer to take care of them.

As much as we emphasize the need for you to avoid making mistakes in Property/Real Estate and Business matters, mistakes are bound to occur from time to time. No doubt about that.

But then, bear in mind that there is always something you can do to make a bad situation worse.

When mistakes occur in your property/real estate or business transactions, do not ignore it. It can only get worse, plus the problem will not solve itself. Get the right legal help.

You may make things worse while trying to correct them by yourself. There is innocent ignorance. Leave no room for that.

The right next step you should take after making mistakes in your property/real estate or business investment is to secure the legal services of a very trusted Property, Real Estate or Business/Corporate Lawyer/Barrister to utilize his legal expertise and solve the property/real estate or business issues.

Anything other than that is worse trouble. You do not want that.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

TAKE PICTURES AND VIDEOS OF THE SIGNING OF LAND/HOUSE PURCHASE DOCUMENTS

When buying land or house, you should go beyond signing purchase documents. You need solid, visual proof that the transaction took place; right there, in real time and with the real parties present.

Pictures and videos of the signing of land or house/building documents by you, the seller and witnesses for both parties will give you evidence to prove that the transaction truly and freely took place.

Forget relying on people’s memory. In a land/property dispute, memory fades, people lie and stories change.

So take clear high quality pictures and videos at the time of signing the documents. Remember to store the pictures and videos in a secure format and place.

Do not just dump them in your phone’s gallery and forget them. Consider storing them in emails, google cloud and such other modern storage forms. Keep them handy and easily accessible by you, as you may need them sometime.

The seller, his heirs, inheritors, beneficiaries, family or other interested parties may deny the sale. The pictures and videos will go a long way to show that indeed the sale which they seek to deny actually took place.

In today’s world, documentation is not enough; visual proof is king. Let your camera be your extra eyes. Record the truth. Secure your ownership with evidence that speaks louder than words.

Take that shot.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

WHY YOU SHOULD ALWAYS WRITE DATES IN FULL

When writing dates, it is easy to abbreviate them, but this can lead to confusion.

For example, 8/7/25 can be interpreted in different ways. To avoid misunderstanding, it is essential to write dates in full.

Abbreviating dates can lead to ambiguity especially when dealing with important documents. Different countries and cultures interpret dates differently. For instance:

- "08/07/25" can be read as July 8, 2025 or August 7th, 2025.
- "1/2/26" can be interpreted as January 2nd, 2026 or 1st February, 2026.

Misinterpreted dates can have serious consequences like:

- Delayed or Missed Deadlines: Misunderstood dates can lead to missed deadlines, resulting in lost opportunities or penalties.
- Legal Issues: Inaccurate dates on legal documents can lead to serious disputes, unexpected claims, lawsuits or even criminal charges.
- Loss of money: Misinterpreted dates can cause financial losses such as missed payments or incorrect billing.

To avoid confusion, it is best to write dates in full.
- Instead of "8/7/25" write "8th July, 2025."
- Use the format "Day, Month, Year" (e.g. "8th July, 2025".

By writing dates in full, you ensure you are clearly understood and avoid issues.

This simple habit can save you time, prevent errors and unnecessary issues.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

READ AND UNDERSTAND YOUR LAND/BUILDING AND BUSINESS DOCUMENTS BEFORE SIGNING

Pay attention to details. Refuse to be rushed into signing land/house purchase or business documents with the word “just sign here.”

Never sign a land/building or business document you have not calmly read and understood. Look out for unfavourable terms and clauses in it.

Ensure that all your points of agreement are captured in the Agreement. Most legal documents are written with legal jargons.

Read to understand with clarity. If you are in doubt of the actual or clear meaning of any portion of the document, ask your Property/Real Estate and Business Lawyer for clarification.

For persons unable to read, to get a trusted person to interpret the property or business document in the language he understands.

If you use recommended medicated reading glasses, then do not read the document without them. Every word counts, as the omission or addition of even one word can completely change or alter the meaning of a clause or term in the Agreement.

Note that parties are bound by their agreement and it therefore follows that you are bound by whatever you sign. There is freedom of Agreement/Contract and even the courts will give effect to what you agreed on and as signed by you.

Your thoughts do not count; the words used in the Agreement do.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

HAVE AN INDEMNITY CLAUSE IN YOUR LAND/HOUSE PURCHASE DOCUMENT

An indemnity clause is a term in a land or house buying Agreement where the seller confirms that the land or house is his own and that there are no legal issues affecting the land/building.

It includes a confirmation that the Deed (land/house purchase document) fully transfers ownership from him to the buyer, and that he (the seller) agrees to pay for losses or damage to the buyer due to ownership claims or other interest on the land or house by a third party arising from his negligence or his not disclosing facts which would lead to the buyer losing the land or house.

An indemnity clause ensures that the seller has a duty to refund the purchase price and other money spent on the land or house by the buyer.

The point being made here is that every land purchase document should have an indemnity clause in it.

An indemnity clause is important because where the seller turns out not to be the true owner of the land, it becomes a case of fraud and the seller automatically attracts criminal liability to himself.

So ensure you have an indemnity clause in land/building purchase document to secure your investment and developments on it.

Do not buy land or building without legal protection.

Let the indemnity clause be your legal bulletproof vest.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

LET A PROPERTY/REAL ESTATE LAWYER PREPARE YOUR LAND/BUILDING PURCHASE DOCUMENT

You need a Property/Real Estate Lawyer while buying land/building, just like you need oxygen to stay alive.

Every document regarding land must be prepared by a Property and Real Estate Lawyer or else you have nothing but a piece of worthless paper.

You can’t do it yourself.  Only a Lawyer can do it for you. A Property Lawyer is in the best position to know the right legal document to prepare.

It could be a Deed of Conveyance, Deed of Transfer, Deed of Gift, Deed of Partition, Deed of Assignment, etc. A Lawyer will do the right thing for you. Don’t let legal fees scare you away or push you into the waiting hands of quacks.

Business centres and estate agents will put you in trouble, so run from them and don’t look back. Many land and house buyers have, in a bid to cut cost, fallen victims of the dishonesty of people whom they trust.

Patronizing a middle-man or a buyer doing it himself will surely qualify to make the list of 1000 ways to die in buying land.

It is now common for land or house buyers to ask Surveyors, estate agents to get a Lawyer to prepare land documents. Such persons, in a fraudulent bid to play smart look for avenues to get shady documents and end up undoing the buyer and pushing him into avoidable legal problems.

Don’t leave your legal matters in the hands of a non-Lawyer. So many persons today are suffering for the costly mistake of thinking they could do by themselves what a Property/Real Estate Lawyer ought to do for them.

Some things are not as simple as they seem. There are legal consequences. The saying “prevention is better than cure" has no exception.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

ASK FOR CLEAN RECEIPT OF PAYMENT

When you are buying  land or building and you make payment through bank channels and the payment is confirmed, demand for and receive payment receipt from the seller.

The receipt is your evidence of payment for the land. Don’t accept to be issued a payment receipt later. Receipts are issued at the time of payment, not later.

Whether it is hand-written or typed receipt, the land/building buyer should ensure it is signed and dated by both him and the seller and that the said receipt clearly states the details of the seller and the buyer, and also describes the purpose and details of payment made.

Corrections and cancellations in receipts are not allowed, even if a signature of the correcting party is made beside the detail corrected.

Where corrections and amendments are made on the payment receipt, it is your duty as the buyer to request for a replacement with a clean copy, as such cancellation or correction may work against the buyer.

Arguments may arise from the cancellation made, even if it was made in good faith at the time. The buyer should be given an original (counterpart) copy of the payment receipt.

If the receipt comes in two copies (original copy and carbon copy) the buyer is entitled to the original copy while the seller keeps the carbon copy.

Be sure to keep the receipt safe and in good condition.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

SIGN LAND/BUILDING PURCHASE DOCUMENTS AT THE TIME OF PAYING, NOT LATER

It is advised that you sign your land or house purchase documents at the point of making payment.

Do not trust your seller or his agents so easily. Always insist on signing at the time of payment.

This secures your position, as the seller could become evasive or unwilling to sign the purchase documents, having received payment in full.

The law is that merely paying for land or house does not transfer its ownership to you. The legally recognized mode of transfer of ownership of land and house is in writing and through the right purchase documents prepared by a Property and Real Estate Lawyer.

Without that, there are no inferences or assumptions of transfer of ownership of land or building. Until you sign, the land/building still belongs to the seller, even if you have paid in full.

So sign the documents while making the payment. Try not to postpone the signing. If the land/building purchase documents are yet to be prepared or not ready for signing, then put off the payment until when the documents are ready for signing.

Do not let the seller or his agent pressure you to pay and then sign later. Refuse to be pressured. It saves you a lot of stress and secures your interest.

It is the signing of the land/house purchase documents that transfers ownership from the seller to you, not full payment.

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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

PAY FOR LAND/BUILDING THROUGH BANK CHANNELS ONLY

While making payment for land or house, ensure you do so through bank channels and platforms. That is banking hall, online transfer, bank draft or cheque.

This will provide the necessary evidence (reflected in your bank statement) that you will need to prove you made payment.

Making land/house purchase payment with cash should be avoided by all means. In fact, it should be included in 1,000 ways to die.

Even if you have cash at hand, pay through the bank and indicate in the payment narration that the payment is for land or house. The bank’s records are very
good safeguards in the event of the need for you to prove payment for land or building.

Even if you will be issued a receipt, making payment with cash is a wrong move. Don’t do it. It leaves you vulnerable to the land seller or his representatives.

The authenticity of the receipt could even be challenged. An insincere seller could deny the cash payment, leaving you frustrated.

Trust is an expensive luxury you cannot afford. Do not give the seller the benefit of the doubt. It is a business transaction, not a friendship or family affair.

It is serious business and must be treated as such. Secure your property interests and try not to sacrifice your financial and investment interests on the altar of trust, friendship or familiarity.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

WHEN BUYING LAND, MAKE A REGISTERED SURVEY PLAN BEFORE PAYING

A Survey Plan is a land document that contains an accurate size, description, location and boundary of land.

Knowing the true size and exact location of land is important. The Survey Plan also shows your boundaries on all sides and fully captures your name and access roads of the land.

Engage the services of a Registered Surveyor and ensure the Survey Plan is registered with the Ministry of Lands and Survey.

A Property and Real Estate Lawyer will help you confirm if the Survey Plan is truly registered.

An unregistered Survey Plan is called a Site Plan. It of no use and is as good as not making a Survey Plan at all.

So avoid unregistered Surveyors and quacks in the field of survey, as they will charge you less, but at the end you have done nothing.

If what you end up with is an unregistered Survey Plan, then be sure that you do not have a Survey Plan at all. There are no short cuts here, so do not cheat yourself.

Note that the Deed of Conveyance or Deed of Transfer (legal documents of transfer of ownership of land or house) will make reference to the details in the Survey Plan.

So if the Survey Plan turns out to be invalid for not being registered, the transfer document is invalid as it can't stand on its own.

You can't base your ownership on an invalid document. It doesn't work that way.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

WHERE A LAND OWNER IS DEAD, ASK FOR DOCUMENT TRANSFERRING OWNERSHIP TO THE SELLER

Where the owner of the land or house you want to buy is late, always insist on a document that transfers ownership to the seller.

The legal documents that confer on, or transfer ownership of land or building of a dead person to, a living person are letters of administration from the Probate Registry; Deed of Vesting Assent (sharing by the court); Deed of Gift or orders of court in a judgment.

The ownership document in the name of a dead person is not a proper document to be relied on by a buyer wanting to buy land or house.

The transfer of ownership to a buyer must arise from a valid document of ownership, even when the person seeking to sell is the wife, son, daughter, sibling or other close relative of the late owner.

Relying on the late owner’s ownership document is legally wrong. It is an error; avoid it.

Note that the person seeking to sell can only sign in his own name and not in the name of the dead owner, as that would leave an unwanted irregularity in the purchase i.e. the difference in the name of the late owner and that of the seller.

If you do not buy from the real owner who has verifiable proof of ownership, then you have bought nothing.

You cannot place something on nothing and expect it to stay there; it will fall. Nobody can validly sell as his own that which is not his.

Be guided.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

DO NOT WAIT FOR LEGAL TROUBLE; PREVENT IT

There are two types of Lawyers: one keeps you from having legal issues, the other tries to rescue you from trouble you have already fallen into.

A transactional Lawyer, especially in property and business investments, helps you avoid making legal mistakes.

A litigation Lawyer steps in after the damage is done: when the mess is already ugly and try to patch what is left, if anything can still be saved.

A transactional Lawyer is the one who reviews your land purchase documents before you pay; drafts your business Agreements before you sign; checks ownership, verifies legal compliance; conducts thorough due diligence (investigations) and spots red flags before you run into deep legal potholes.

Embracing preventive legal measures is legal intelligence.

But when you ignore this and go blindly into transactions, you may soon find yourself in courtrooms, begging for a way out. That is when the litigation Lawyer enters: after your land is grabbed, after your business is sued or fined, after the contract turns against you.

By then it is no longer about prevention; it would then be about damage control. Sometimes that damage is permanent.

Prevention is always cheaper, smarter and safer than cure.

The difference is clear: one keeps you out of legal trouble. The other shows up when it may already be too late.

Choose wisely. Embrace prevention.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

DO LAND REGISTRY SEARCH

If the land you want to buy is registered at the State Ministry of Lands and Survey, then get a Property Lawyer to do a search at the Land Registry to know the current status of the land.

The search may reveal legal issue like legal transfer, mortgage, pledge, charge, caveat, etc. Any legal issues would ordinarily be recorded in the ownership details of the land in question at the Land Registry.

There are consequences of proceeding to transact in a land affected by any legal issue. Instead, discontinue the buying process. Every registration of land at the Registry is endorsed on the ownership document.

This search is a fact-finding mission, and facts gotten from the search should be utilized and proper steps taken to avoid land trouble. Any legal issue found in the land record at the land registry should be taken as a red flag, and the buyer has a duty to proceed with caution.

Note that in most cases transfers, charges, pledges, caveats, etc are not registered in the Land Registry even when previous transactions over that land were registered in the land registry.

There may have been some transactions over the land that were not registered in the land registry and that surely counts.

So the outcome of search in the Land Registry does not end the search for the true ownership and legal status of the land/ house.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

DIFFERENCE BETWEEN GUARANTOR AND SURETY

In Nigerian businesses, the wrong legal role can either land you in debt or leave you too legally exposed. That is why understanding the difference between a guarantor and a surety is financial intelligence.

A surety is directly and equally liable from day one. Once the debtor defaults, the creditor can come straight for you. No need to chase the borrower first.

A guarantor, on the other hand, only steps in after efforts to recover from the debtor have failed. Suretyship exposes you immediately while guarantorship gives you breathing space until efforts made to recover the money from the debtor have failed.

If you are the one giving credit, leasing property or being owed, the decision between requesting a surety or a guarantor can shape your outcome.

A surety offers stronger protection as you can pursue either the debtor or the surety the moment things go wrong.

But if you only have a guarantor, the law expects you to first exhaust remedies against the debtor before touching the guarantor.

So the smart move is to choose based on the level of risk you are willing to bear or transfer.

Whether you are signing or demanding, the consequences are real. The wrong choice can secure your transaction or ruin it.

As Sir Francis Bacon (English philosopher) said, knowledge is power.

When transacting, choose right.

Guarantor or surety? Pick the one that works best for you.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

INSIST ON POWER OF ATTORNEY IF SALE OF LAND IS BY THE SELLER’S REPRESENTATIVE

A Power of Attorney is a written authority to act for another person. There are circumstances where the land owner is unable to transact in person with the buyer.

It could be as a result of distance barrier (maybe he is abroad), age or health issues. Land or building can be sold by the seller’s representative if the owner makes a proper power of attorney giving power to sell to someone.

It is advisable that you demand for a Power of Attorney from the land owner in favour of the representative. Even after such power of attorney is made and produced, be sure to verify its authenticity by reaching out to the said seller.

Due diligence (investigations) will enable you confirm the l identity of the real seller. Proper findings will point you to the true owner.

It is only when you have verified the true identity of the seller, and that the power of attorney is not fake that you should consider proceeding with buying the land/house.

While confirming the genuineness of the land owner and the Power of Attorney, check every detail in the Power of Attorney and ensure that it specifically grants the particular representative powers to sell the land or house.

Focus on the identity of the land. Pay close attention to details. Be sure that the power of attorney is duly signed by the owner, signed and stamped by relevant authorities.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

RESIST THE PRESSURE TO FAST-TRACK BUYING LAND OR BUILDING

It is advisable that you don not let a land or building seller, his representatives or agents mount pressure on you to hasten up when buying land or house.

Sometimes sellers who pressure you as a land/building buyer to fasten up, are not genuine. Consider being pressured to pay, a red flag and proceed with caution.

When such pressure comes, resist it. Downplay it and do not be moved. Try not to be in a rush to pay (even if it's initial deposit) or do away with any part of the land buying process, including investigating the land/building and it's ownership.

The major aim of mounting pressure on you as the buyer is usually to make you ignore what you should give proper attention. Land or house buying should not be an emergency transaction.

There should be no urgency in it. With the help of a Property and Real Estate Lawyer, take calculated steps to be double sure.

Take your time and make your findings. Insist on getting all the information needed to help you make an informed buying decision.

Be immune to pressure from the seller and his agents. It is in your best interest that you do not rush into making mistakes when buying land or building.

Note that some mistakes, once made, can hardly be reversed or corrected.

Do not be too quick to part with your money.

Speed kills, even in property and real estate transactions.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

INVOLVE COMMUNITY LEADERS WHEN BUYING LAND IN A RURAL AREA

When buying land or building in a rural area, community chiefs, elders and leaders are in the best position to point you in the right direction.

Engage them secretly while doing the transaction and seek to know where the true ownership of the land lies.

They are in a position to show you the true boundaries too. Inform them of your desire to buy the land and seek their inputs.

Engage as many of them as you can, but be sure that their input is not tainted with malice or ill-will.

This will eliminate incidents of fraud and misrepresentation of facts as they will indicate to you which is community, family or individual land as well as the real owner.

In rural areas, everybody knows everybody. So it is quite easy to get factual information on you the land/building you want to buy.

When you ignore them, you may end up paying the wrong person, buying land under dispute or, worse still, finding out that the land is sacred or communal and cannot be sold at all.

Community leaders are the unofficial Land Registrars of the Community. They know the backstory behind every land, every boundary issue and every shady transaction that outsiders will never hear of.

So do not rely solely on documents. Rural land talks, but only to those who ask the right people the right questions.

If you want peace after purchase, consult the true custodians before commitment.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

WHEN BUYING LAND OR BUILDING, INVESTIGATE IT

One of the most costly mistakes people make when buying land/house and which has proven to come with very terrible and mostly irreparable negative consequences is the failure to do due diligence (investigations) in land/building transactions.

Due diligence is a conscious effort to investigate ownership of the land you want to buy. Probe and ask questions. Do secret investigations. Scrutinize every information given to you by the seller, his representatives and agents.

Try not to take this for granted. Things are not usually the way they seem. Make proper findings. Family land cannot be validly sold without the consent of the family head and principal members of the family.

So ask yourself these questions: Who truly owns that? What is the actual size or boundaries? Are there legal issues surrounding the land? Could it be land subject to Government acquisition or already acquired by the government for public interest purposes?

Is there a pending court case or issue that if you are aware of, would make you have a rethink over buying it? The list is long. It never ends well when things go wrong.

You would have to battle with imminent or definite loss of your investment. Do not be caught off-guard. Remember some cases are beyond remedy.

Get a Property and Real Estate Lawyer to do these findings.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com

GET YOUR PROPERTY/REAL ESTATE LAWYER BY YOURSELF

When buying or transacting in land or building, be sure to secure a Property and Real Estate Lawyer by yourself.

Letting the seller, his representative or agent secure a Property/Real Estate Lawyer for you could prove to be a big mistake.

Remember that your Lawyer has a duty to protect your interests, so his allegiance and loyalty is to you as his client. Allowing the land/building seller or agents get a Lawyer for you could expose your Lawyer to conflict of interests.

The Lawyer introduced to you by the land owner or his agent may in fact be a Lawyer for the seller. Even where he is not, it would be difficult to shield him from looking out (even though subconsciously) for the interests of the seller who could be said to be his benefactor for the purposes of the land or house buying transaction.

You do not want to end up with a Lawyer for the other side. Source for a Lawyer by yourself. That way he will be insulated from the control or influence of the seller and agents.

Remember that the Lawyer ought to conduct due diligence. In practical terms, it is hard to imagine how a Lawyer would independently investigate the claims of his benefactor.

That would be a very difficult thing for the Lawyer to do. To get the best from your Property Lawyer, choose one for yourself.

It is better to err on the side of caution.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate /Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com