₦airaland Forum

hezy4real01:
Issokay e too long abeg, can i get the summary

In summary, op is a property lawyer. If you wanna buy any property, ...

potent5:
The way you people mislead innocent people eh. How on earth would you be telling someone to avoid going to lawyers when buying landed property. People like you should be arrested; you are part of the problem we have in this country.

did you understand what I said at all ?

deed of assignment should be handle by a lawyer.........but not buying acquisition land because a lawyer can draft a deed of assignment

I was only saying the truth, consult a surveyor first, be guided before it becomes a legal issue........endure to read the post I quoted

I have nothing to tell you since you prefer attending court

wish you well

Ok na

Ok na.

uzoclinton:
Consult A real estate manager before buying any property, not a lawyer.

Most real estate managers are fraudsters.

kazyhm:
did you understand what I said at all ?

deed of assignment should be handle by a lawyer.........but not buying acquisition land because a lawyer can draft a deed of assignment

I was only saying the truth, consult a surveyor first, be guided before it becomes a legal issue........endure to read the post I quoted

I have nothing to tell you since you prefer attending court

wish you well

You think the role of a lawyer starts and ends with preparing a deed of assignment abi?

Your position is the same as telling a sick person to go to the lab technician rather than the doctor, after all the doctor can only treat but cannot run diagnosis.

Why can't you keep your myopic understanding of property transactions to yourself.

All these charlatans masquerading as estate surveyors sef.

potent5:
You think the role of a lawyer starts and ends with preparing a deed of assignment abi?

Your position is the same as telling a sick person to go to the lab technician rather than the doctor, after all the doctor can only treat but cannot run diagnosis.

Why can't you keep your myopic understanding of property transactions to yourself.

All these charlatans masquerading as estate surveyors sef.

you see.......Nigerians believes they know everything about everything. for reference purposes I'm not an estate surveyor..

you can as well give a laundry man your cloths to sew

successgroup:
Most real estate managers are fraudsters.

You mean the Quacks... the real one's aren't... I know I'm not. my friends too aren't..

TheLawyer:
WHAT IS A DEED?

Before I start explaining what a deed is, I will like to stress the fact that there are some big big grammar when it comes to the legal profession. But I will try my best to explain in lay terms. Some words which must be used will be explained a little bit in parenthesis. So let’s dive in …

A Deed is a document in writing which provides information about some terms, conditions or facts agreed to between persons on good quality paper, vellum or like materials and which is signed, sealed and delivered.

The term deed is generally used to describe an instrument (legal document) which title, right or interest in land is transferred from one person(s) to another or to create an obligation binding on one or more persons. Alternatively, it can be used to confirm some acts by which an interest, right or title in land has already passed. In other words, it is not only when a sale transaction occurs that a deed is required. If you were given a plot of land for free and you have taken and currently enjoying possession (using the land) you are required to draft a deed (deed of gift).

From the above definition / explanation of a deed, when a transaction relates to a landed property, a deed must be drafted to properly transfer right or interest in that property. With that in mind, a receipt evidencing a sale transaction is not enough to claim a right to a landed property. In the same vein, a contract of sale of land is not enough to transfer title or interest in land. It is just a document evidencing your transaction which does not totally transfer title because of its contents or form.

An important point to note is that if a document in writing is to constitute a deed; it must be signed or marked (if an illiterate), sealed and delivered. The writing expresses the content of the bargain between the parties to it. Signing indicates the person(s) that are to bound by it, sealing testifies to the consent of the parties to be bound by the bargain in the deed. Delivery gives it its binding effects.

WHEN IS A DEED REQUIRED / CERTAIN DOCUMENTS THAT MUST BE BY DEED

1. The transfer of legal interest in land. All conveyances of land or any interest in land are void for the purpose of creating a legal estate unless made by deed. – Deed of Assignment
2. A power conferring authority on a person/agent to execute a deed. The power itself must be by deed. – Power of Attorney
3. A conveyance or transfer of interest in land without consideration (cash). – Deed of gift
4. A lease for a term above 3 years. – Deed of Lease/Sub-lease. Generally, a rent above 3 years.
5. A legal mortgage. – Deed of Legal Mortgage

CONTENTS / WHAT YOU SHOULD LOOK OUT FOR TO ENSURE YOUR DEED IS PROPERLY DRAFTED

1. THE INTRODUCTION
This should contain
column for date. It is should not be dated because if you don’t stamp it within 60 days, you will attract penalty for every day in default after the 60days.
The parties and their addresses
Recital – a brief summary of how the owner of the land became the owner and his intention to transfer his rights, etc (sell) and how the buyer has agreed to purchase the land

2. THE SECOND PART – USUALLY THE OPERATIVE PART
This should contain
- The consideration (cost of the land)
- Words indicating that the buyer (assignee) has paid the amount and the seller (assignor) has received same from you
- The description of the property
- If its registered (c of o) and the details of the c of o. with this content you can verify if the c of o is genuine. So if you bought a land and the seller claimed they have c of o / global c of o, your deed should contain something like … Certificate of Occupancy No. 12345 dated 07/05/2017 and registered as 12/34/5678 in the Lands Registry, Alausa, Lagos state

3. ANY MISCELLANEOUS / TERMS AGREED BY THE PARTIES

4. CONCLUSION
- Parties consenting to the transaction
- Execution (signatures) of the parties. It is important to note that the type of parties involved determines how they will sign. Example 2 directors or a director / secretary will sign if a company is involved. In the same way if an association, couple, individual, illiterate, family land (omonile), firm, unregistered association etc is involved the format of signature would be different.

At this point it is worthy of note that even if it is a family land (omonile) but you bought it from an individual who bought it from a family, you are not to draft your deed as though you bought it directly from the family. I had a client who bought the property on behalf of her brother (in the name of a company) and I was forced to draft it as though they bought it directly from the family. Now the family is asking for N400k to sign. And tomorrow they could say they didn’t have any transaction with the buyer and they would be right.
If your transaction involved an illiterate (usually a foreigner [non-english] or a family land because the head of the family might not be able to read and write in English) a Magistrate or Notary public is meant to sign.

5. ENDORSEMENT FOR GOVERNOR’S CONSENT
I have seen some deed of assignment that doesn’t include a column for the Governor or a Representative to sign / consent to the transaction. By virtue of Sec. 22 of the Land Use Act, and Sec. 10 Land Instrument Registration Law, the Governor must consent to the transaction.
Sec. 22 Land Use Act provides:
[center]“It shall not be lawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise howsoever without the consent of the Governor first had and obtained.
Sec. 22(2): The Governor when giving his consent to an assignment, mortgage or sublease may require the holder of a statutory right of occupancy to submit an instrument (deed of assignment, deed of legal mortgage, deed of lease, etc) executed in evidence of the assignment, mortgage or sublease and the holder shall when so required deliver the said instrument to the Governor in order that the consent given by the Governor under subsection(1) of this section may be signified by endorsement thereon.
[/center][/i][b][/b]

Words in parenthesis are mine.

With the above provisions, for your deed to be valid, there must be words at the end of your deed to the effect that the consent of the state Governor has been obtained. The practice is to draft it in the following words:

[center]I CONSENT TO THE TRANSACTION CONTAINED IN THIS DEED

DATED THIS ______ DAY OF _________________ 20---


______________________________________________
HON. ATTORNEY GENERAL & COMMISSIONER FOR JUSTICE
FOR: THE EXECUTIVE GOVERNOR OF ABC STATE
[/center]
(or something similar to the above)

I drafted a deed of assignment for a client who (claimed she was a lawyer but I guessed not into property or probably didn’t practice at all) and wanted to register to it. She claimed that the amount we agreed include me registering it. I told her registering the deed would attract a separate fee and that you cant register it without apply for consent and ultimately c of o since there was no previous title (no C of O). She argued all sort and she didn’t know I was dishonest to that extent and all those talks…you know na. She claimed I was trying to collect more money from her and that it is possible to register the deed without applying for consent or C of O. I later referred her to the provision of the law that stipulates that consent must be obtained before registration. It is usually in this order – CSR – CONSENT, STAMPING & REGISTRATION.
Sec 26 (1-3) Land Registration Law 2015, Lagos State provides:
[i](1) Any holder in possession of any registrable document shall register it within sixty (60) days after obtaining the Governor’s consent where applicable. ….
(2) A sublease under three (3) years does not require registration
(3) Any succession to land under a Will or on intestacy or insolvency does not require the Governor’s consent but must be registered on production of a certified true copy of the Grant or Letter of Administration.[b][/b][center][/center]

From the above, I believe we can deduce that you cant register your deed without Governor’s consent. It is only if you got the land by Will that you can.

6. Finally, Franking
It is the requirement of the law that the name and address of the lawyer that prepared the deed must be endorsed on the document.
And least this one better na, make we take get some referrals.
I hope with the above I have been able to explain to some extent why a deed is necessary for your land transactions and how to ensure that your lawyer properly drafts your deed and doesn’t just dump wordings on a paper for you. Sometimes, except you actually transact with the lawyer in person, your deed might not have been prepared by a lawyer and there could be repercussion
There is this friend of mine who bought a land at Lusada, Ogun state. He told me that the agent who closed the deal told him he could get his deed done for him for 5%. He claimed his sister is a lawyer. I told him that might not be true and that most likely it would be copy and paste job.
You might get away with copy and paste job but it is better you meet with a lawyer, explain the transactions involved or better still include him in the transaction and he would know how to draft your deed properly for you. The reason is many buyers of land especially family land think that as long as it is a family land, then the deed must be between them and the family even though the transaction was between and individual who bought from the family and subsequently sold to him. By law, you had no transaction with the family. For that kind of transaction, the practice is that the Recital (explained under Introduction above) would contain words evidencing same. And in your schedule (usually under the miscellaneous part), reference would also be made to the family receipt the seller got from the family representatives.

For more info, please visit http://mcadams-consulting.com/blog/

Consult a lawyer before purchasing that property


P

Pls how. Come fee like
1.Bush entering.
2.signing money.
3.money for drinks etc
Where are dey coming from. Becos recently these tins are becoming to much in place like Rivers state n Bayelsa.

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Oga you go receive ban o. You have violated Nairaland rule.

Generally simplified, however I do not totally agree with the part that says someone that purchased from a seller who bought from a family should not bother to procure a Deed of Assignment from the family. That may be text book law but in practice IF the person you're buying from has NOT obtained a C of O with respect to that land especially in Lagos, you MUST execute a Deed of Assignment with the family, to with, the Head of family and the principal members, the subsequent buyer can at best get a Deed or sales agreement executed between him and the person he bought from, the family will also sign form 1 C for you. Remember, you cannot process your title without force 1 C. .....16 years practice in Lagos speaking here.

kazyhm:
you see.......Nigerians believes they know everything about everything. for reference purposes I'm not an estate surveyor..

you can as well give a laundry man your cloths to sew

If only you knew what damage you have caused by your misleading post you would be hiding your head in shame and remorse.

You are not even an estate Surveyor and you are here busybodying yourself on what you feel surveyors do better than lawyers.

I thought I was reasoning with someone who knew what he was saying.

sirssb:
OP wots the difference between deed of assignment and sales agreement?

There are many differences; for instance a deed of assignment is more encompassing, it's conclusive of the transaction, a deed fulfills all legal requirements for transfer of land, etc.

Fogman:
TheLawyer, please i just got a land and we have done the deed of assignment and my lawyer is advising we do stamp duty. The land is within Federal Govt jurisdiction. What is your advice?

What agency of the Federal Government owns the land you bought e.g. Police,custom,federal capital territory etc,consult a surveyor and a property lawyer,the federal government does not own any land other than those they acquired before the land use act of 1978. Land by virtue of the Land use act is vested in the state Governors.

potent5:
If only you knew what damage you have caused by your misleading post you would be hiding your head in shame and remorse.

You are not even an estate Surveyor and you are here busybodying yourself on what you feel surveyors do better than lawyers.

I thought I was reasoning with someone who knew what he was saying.

I really don't feel like teaching right now

I'm an expert in my field.

you see, I attended a seminal sometimes ago, the "man" that represented Fashola ( Governor of Lagos state then ) couldn't even differential between a land surveyor, quantity surveyor and an estate surveyor.

from that moment I realised how ignorant people at that are leading people are......so I'm not surprise at you at all

I'm guessing you re a lawyer and the earlier you know what you roles are. the better for your career and by extension to the country

kazyhm:
I really don't feel like teaching right now

I'm an expert in my field.

you see, I attended a seminal sometimes ago, the "man" that represented Fashola ( Governor of Lagos state then ) couldn't even differential between a land surveyor, quantity surveyor and an estate surveyor.

from that moment I realised how ignorant people at that are leading people are......so I'm not surprise at you at all

I'm guessing you re a lawyer and the earlier you know what you roles are. the better for your career and by extension to the country

The hallmark of ignorance or half-knowledge is evasive approach to issues. Try and place something on the table instead of putting on over bloated airs.

Who you wan teach wetin?

potent5:
The hallmark of ignorance or half-knowledge is evasive approach to issues. Try and place something on the table instead of putting on over bloated airs.

Who you wan teach wetin?

OK
it seems you re too busy to see what's on the table

you have not said anything professional since we started

kazyhm:
OK
it seems you re too busy to see what's on the table

you have not said anything professional since we started

Everyone is an expert in their own field. Market women, agberos, lawyers, surveyors, mad people,... They all are experts in their 'fields'.

But up till now you are not even confident and proud enough of your so-called field to disclose it or even reason like an expert in it. All you can say is that you you attended a "seminal" sic.

Abegi.

potent5:
Everyone is an expert in their own field. Market women, agberos, lawyers, surveyors, mad people,... They all are experts in their 'fields'.

But up till now you are not even confident and proud enough of your so-called field to disclose it or even reason like an expert in it. All you can say is that you you attended a "seminal" sic.

Abegi.

OK enough

kazyhm:
OK enough

What field do you claim expertise?

potent5:
What field do you claim expertise?

are you sure you graduated from school ?

kazyhm:
I read Surveying and Geoinformatics and you ?

And you were taught that estate surveyors have exclusive role in the the acquisition of landed properties. And the only thing a lawyer can do is to prepare deeds.

No wonder you attended a 'seminal'.

potent5:
And you were taught that estate surveyors have exclusive role in the the acquisition of landed properties. And the only thing a lawyer can do is to prepare deeds.

No wonder you attended a 'seminal'.

i have nothing to tell you anymore, continue wallowing in ignorance.

but if you rethink you need some lesson, let me know maybe any time I'm less busy I can mention you in this same post

but it won't be for free........less I forget, stop misleading people

kazyhm:
i have nothing to tell you anymore, continue wallowing in ignorance.

but if you rethink you need some lesson, let me know maybe any time I'm less busy I can mention you in this same post

but it won't be for free........less I forget, stop misleading people

It's not 'less i forget'. It's LEST I forget.

Are you sure you attended a PROPER University?

kazyhm:
are you sure you graduated from school ?

I have a Master's degree from one of the best federal universities in Nigeria. I took my JAMB by myself, got admission on merit (first list), graduated with my classmates (2'1),..

potent5:
It's not 'less i forget'. It's LEST I forget.

Are you sure you attended a PROPER University?

thanks for correcting my typo

I'm very happy for your achievement(s)

I don't brag about mediocrity..........I have a fantastic academic records......

wish you well

kazyhm:
thanks for correcting my typo

I'm very happy for your achievement(s)

I don't brag about mediocrity..........I have a fantastic academic records......

wish you well

My friend, they are not typos. If you knew how to mind your business and stick to your field you wouldn't be claiming typos.

Next time learn to mind your business.

potent5:
My friend, they are not typos. If you knew how to mind your business and stick to your field you wouldn't be claiming typos.

Next time learn to mind your business.

Do you know how it feels to reply your mention ?

you re so............

kazyhm:
Do you know how it feels to reply your mention ?

you re so............

Because you are short of something meaningful and relevant to say. You think the way to Abuja is only one route - yours.

Fogman:
TheLawyer, please i just got a land and we have done the deed of assignment and my lawyer is advising we do stamp duty. The land is within Federal Govt jurisdiction. What is your advice?

Where is your land located? Have you done survey? If you have, tell your lawyer or consult another surveyor that you want to apply for land information certificate. Also inform the surveyor that did your survey that you intend applying for land information certificate. I bet, it will begin to reveal if you were given a fake survey plan.

I had a client who i was applying for C of O for. I met the surveyor on the site so am quite aware that he took the coordinates. In no time we were given our survey plan. But the gbege started when we applied for Land Information Certificate. To cut the long story short, the beacon number that was allocated to us (our survey plan) was given to another person unknown to us. Thank God we applied for Land Information Certificate(LIC). At the office of the surveyor General, we were told they were yet to lodge the red copy. We asked the surveyor for proof of lodging the red copy. They posted us for months. After much threat to take action, one of them confided in me and told me that the beacon numbers on our survey plan has been used for another to avoid it expiring. So they had to prepare another survey plan for us.

Another funny part is that the so called surveyor that came to take the coordinates was not really a surveyor but a trained journalist (he told me this himself). So some quack surveyors are not really surveyors. they just learned how to do the job (I stand to be corrected). These are the ones that spoil the Survey profession.

For the stamp duty i think he wants you to perfect the deed which is what I explained in my post as CSR (Consent, Stamping & Registration). Before you can stamp, you will apply for consent and this will only be given if you had a previous title like C of O or a state or fed govt grant / allocation. If its a family land (omonile land) and its in lagos or Ogun, Consent will only be given by fully applying for C of O.
I hope that helps.

Alternatively, you can reach me through the number on my signature

kazyhm:
what is your lawyer saying about the in between the lines statement ?

....and how did you get that statement, jurisdiction or acquisition ?

I know what you are thinking. That probably its under Federal Govt Acq. it could also mean a Fed Govt Allocation

sainty2k3:
How do u verify a land document in Lagos, is that a role of lawyers or who

Do you actually mean a land document?if yes, it's better a lawyer does it. But if you mean land verification, Yes, we can do that. It involves many things depending on the property in question. A lawyer is better to do your verification because of the many things to check during verification / investigation. And most times we work with surveyors. You cant do without a surveyor when it comes to land transaction.

My client was interested in a property. so he showed me the documents and sought for my advice. After going through it i advised him not to purchase it and he was surprised. he expected me to do some Jack Bauer stunt before coming into conclusion. He asked why I submitted so.

After going through the document I realized that it revealed that the original was missing and also, the so called photocopied deed of assignment was not even signed. I told him to run away with his hard earned money