₦airaland Forum

Very true, a lot of people have been scammed just because they skipped this very important step or took it lightly.

lawyer:
Hi Everyone! 2009 and 2010 was great for so many reasons because i made people finally realise they have the power to determine how they buy property before throwing away their hard earned money. Personally i feel very very fulfilled that i did my best to help a lot of Nairalanders search properties and recommend the ones that are valid and the ones that have so many hidden problems that by the time you purchase it, you end up having more headaches than when you previously didnt buy any land. I was doing my calculation yesterday and i realised i have turned down almost N165Million worth of properties that were advertised to be sold to intending purchasers that had so many hidden scruples that the agents and omoniles wont tell you till you commit your money and then its from frying pan to fire.

For the avoidance of doubt for First Time Property/Land Buyers or New Nairaland Property Viewers and Readers  who dont know what a property search is, it means before you buy any land or property whatso ever in any form or shape where ever, you have to know the validity of it.

Lagos in particular is so notorious when it comes to sale of property or land that have so many fraudulent defects surrounding that land/ property that you wont even know what has hit you. These set of people are known as the Omoniles, land grabbers or land touts.

Omoniles naturally should mean owners of the original land which includes the original family that truthfully inherited the property from their fore fathers that has passed down to them. But the real problem comes when there are so many members of the family that are divided in terms of claiming ownership of the lands and how the land truthfully devolved to them. Before you know it, a property that is meant to be shared by a family of 3 to claim ownership is now being contested by the brother in law, the aunty, the great grand uncle relatives etc and thats when they begin to employ touts going around to masquerade as the original owners with the right to sell and after you fall victim of their sweet tongues and coercion, you realise that you bought from the wrong family or the wrong set of people who have no right to sell the land to you and you would be confronted by the original owners  when you have started building half way and forced to cough out another payment to the real owners or be thrown out of the land. Trust me this scourge is very very real and 65% of lands in lagos have this problem one way or the other.

The other way your being decieved is by telling you the genuiness of the property comes from a set of documents. Those set of documents include either a survey plan, a deed of assignment, a certificate of occupancy, government allocation letter, government gazette or governors consent.

They will show you all manners of papers to make you believe them instantly and start pointing to different houses around there that has been built by one commissioner or one Minister or one big man and that their houses are still standing without any government wahala. What they want you to do is to instantly believe them and pay money to them immediately. One thing you can be rest assured is that, once you pay money to an Omonile, you will never ever ever get a refund of that money. Its gone and in some cases its in your front they will start sharing the money.

Dont ever ever fall for that trick. Always demand for what ever documents they have. I will point out the importance of each document to know the relevance of it and why it shouldn't be taken for granted.

True! Please do not be deceived, always request for the survey and you can do the search yourself or get your own surveyor to the the proper search for you at lands.

lawyer:
[size=14pt]1. Survey Plan:[/size]

This to me is the most important document From the start you must ask for from the omonile, agent or family that intends to sell the land/property to you. This survey plan is what i would carry to the Land Bureau to go and do a geographical search on first. No matter how cheap or beautiful or strategically located a land or property is, once that property has been discovered to be designated for Government use in future, there is no point going any futher to purchase it. It will be a very foolish risk to attempt to defile the government and say nothing would happen, at least there are so many houses around or so many people have bought their own and nothing has happened.

Well for those who are conversant with Uncle Fashola's no nonsense approach in maintaining the master plan of Lagos, once your property is within that area that has being designated for Future Government use, no matter how long maybe its in the year 2023, the plan must be carried out accordingly and your property will go down without any form of compensation because you failed to do the right thing by throwing caution to the wind. Examples include the 8 Lane Dual Carriage Way in Badagry that all the houses that were on that land were demolished, All the houses in Alimosho local Government that were near pipe lines, The ones in Idiroko, The houses in ijegun etc! In fact remind me of the ones you know.

Also in Lekki Ajah, its even worse because there are some areas that have been specially acquired by the government for over 20 years and its just now that the government is trying to recover its lands. These areas is what is known as COMMITTED LANDS. Once an area has been designated as Committed, it is the ultimate no go area abeg. Thats where they committ the area for Road expansion, future government estates or Government Reserved areas For Major Developments. As long as that Property is designated as Committed or under acquistion, it is only the Government of the day that can revoke it and anybody buying into those areas are buying at their own mega risk. Dont for once look at the houses around there as your guide to mean the government cannot demolish those houses, you would be shocked that the owners have 4 or 5 houses and can do away with that one and poor people like me and you that have no mouth to fight government will just be rendered homeless because of our stuborness to buy at all cost there.

Remember you know where the shoe pinches and how much you have in your pocket. This is 2010. Plan to save more money than to throw it away foolishly.

The other option from Government is that if they choose not to demolish your house because it is sited on a committed land, they will end up giving you the option to come and pay Ratification. Ratification in this sense means your going to pay Government the full price and taxes it determines to be the cost of that place and its non negotiable. So imagine you bought the land in 2005 for N2Million in a committed area and in 2010, you now have to pay ratification also known as "Rat" at the cost of N5Million to the Government. Does that make any financial sense to you? Imagine all the fears, rumours, prayers that you would be going through so that those caterpillars dont come your way and when they decide not to demolish, they now ask you to pay Ratification, triple or quadruple the amount you bought it and remember the Omonile or Agent you bought it from is no where to be found and if Found, would not in this life time refund or assist you in any way.

Finally another advantage of the Survey Search is that if the land has been designated for Agricultural Purpose, you would know in advance. Its is mostly prevalent in Ikorodu, Badagry and Growing Rural Areas that are just cropping up. Buying into a place designated for Agric is a major no-no! Except you Want Your immediate neighbours to be Cows, Fisheries and probably Obasanjo's Chicken farmers! Unless it has been designated for Residential or Mixed Development Avoid it please.

The summary is that the Survey Plan Search saves you alot of head ache at first before you even move ahead. And once you meet an Omonile or Agent who is extremely difficult with you in terms of not providing the survey plan on demand for search please my brothers and sisters, walk away quietly. The signs are already there for you to know your about to be scammed. A survey plan is a public document and not a private cheque book, so you shouldnt be bamboozled by people who tell you that the owner doesnt want to release it because of security reasons. Trust me there is no reason. As long as he is ready to sell, that is the first thing you get from them to know your status before proceeding.

Yes, make sure you do your search even if it's C of O and especially when they bring up excuses like they can't show you because of security reasons, be advised.

lawyer:
[size=14pt]3. Certificate of Occupancy, Government Allocation, Governors Consent:[/size]

These 3 are the dream lands or properties you can buy from with no stress or wahala what so ever. Any property that has any of the 3 is a very Good property to buy and to search them in Alausa is very easy because the records are there. In most situations, i will encourage you to look for properties that have a Global C/O, Private Certificate of Occupancy, Government Allocation or Governors Consent. Its so easy to perfect your papers in Future and your most likely in Most situations going to get compensated from the Government in case anything goes wrong if they attempt to acquire it or query it.

The only problems i have seen is that most properties or lands with a C/O, Government consent or Government allocation letter are quite expensive because of the paper work that has been done thoroughly by the present seller and it almost eliminates omonile from the transaction in most cases. So because the owners know that they have correct papers, they market and sell their properties quite high too because they are selling you gold. But then again you need your lawyer to help you negotiate favourably to make sure the property becomes yours.

The second problem is the issue of fake C/Os, Government Allocation Letters and Governors Consent. In my experience i have seen more than enough fake documents and these agents or omoniles would be so bold enough to dare you to go and check it in Alausa. They will so brain wash you and brag about its validity that you might be tempted to take their word for it but when you decide to go and search it in Alausa, you will find out that it doesnt exist and when you go back to challenge them, you hear new stories and unbelievable song and dance stories that you would almost want to puke.

Always demand for the Document to do the search. Dont listen to their stories. If they go as far as saying they wont release the C/O or Governors consent due to security risks, ask them for the number alone and the rest will be investigated. Dont compromise and get hoodwinked. Its the way they get their bread and butter. You fall for the scam, your on your own.

Exactly, please do not let laziness and ignorance make you make the costly mistake of purchasing a land that falls under a committed one, it's very very necessary you make sure you involve a surveyor from Alausa.

lawyer:
[size=14pt]4. Government Gazette:[/size]

This is a document that records and states the areas the government has willingly given to the family and community to sell and that the government will not acquire it for what so ever reason except it duly notifies the world. The major characteristics of a gazette on provides 2 things.

1. The Area e.g Ilupeju

2. The coordinates e.g the Beacon Numbers that separates where the Land given to the family starts and stops. This is Known as an Excision. That means in a whole portion of land lets say 10 PLOTS, Government has excised 4 to the family and has taken 6 plots for its own use. Those 4 Plots will now be documented in a book form known as a Gazette. Its the Coordinates you will get to know where the 4 plots start and ends. You can never know with a unclothed Eye!

Now the danger of the Gazette that i have seen in my experience is that people who see the gazette, jump up and down and accept it whole line and sinker and proceed to pay to the family because that area is listed in the gazette and they believe that area is free. Thats very wrong and dangerous.

It is only an Alausa Surveyor that can come to that gazetted area, map out the coordinates and tell you precisely whether your property falls inside the gazette or not. I have seen places where people purchased the lands that are outside the gazetted excision and still believe they are inside the gazetted excision coordinates. I have seen lazy lawyers and surveyors who wont take that time and patience to verify this one particular issue. I have seen fake gazettes with fake coordinates and worst of all i have seen people pay hard earned cash for those places that are most certainly going to be demolished.

Never ever play with a Government Gazette. They know why they documented it for you to see and if you refuse to follow those rules, you will heavily dealt with.

Really

Would you or someone you know wants a Surveyor, Land Surveyor or Geomatics in Rivers state and envoronment. Do contact me, 07037903815, +2347037903815
yemiloveme@gmail.com
Thank you.

[s]

iheanyiebeneze:
This is real and too good to be true

https://www.nairaland.com/5336527/buy-mortgage-driven-housing-estate#81400199

[/s]

Egwuekwe Iheanyi return my money you took this thief!

yes

WHAT YOU SHOULD DO BEFORE BUYING A LANDED PROPERTY

Some people believe merely paying for a property is all that is required to buy landed property. There are certain things every prospective buyer should know and do before paying for landed property. It is advisable that you seek advice from your Solicitor before completing a land transaction. It may cost more but I can assure you that over time, you will be glad you did.

1. Conduct investigation of the title –

This entails obtaining land information with the survey plan of the property at the office of the Surveyor-General to determine whether the land is free from acquisition. The investigation also entails conducting a search at the Lands Registry (in cases where property is registered), this search helps detect if there is any encumbrance (litigation, loan or other issues) pertaining the land. The title can also be investigated by a review of title documents by your Solicitor to detect the defects in the root of titles. Physical inspection and enquiry from adjourning properties can also provide information that will assist in investigating title. A search at the Court’s Registry to discover litigation on land may be done where necessary.

2. Preparation and execution of Conveyance documents –

After investigation of the title and confirmation of the status of title, the conveyance documents should be drafted by a Solicitors for execution of all parties. Please note that conveyance documents for sale of family property must be signed by the family head and all principal members of the family. The conveyance documents should contain the standard terms, including but not limited to, the purchaser’ right to be indemnified from third party claims, the Vendor’s duty to provide documents required for perfection of title, etc. Please contact your Solicitor for advice.

3. Possession –

Take physical possession immediately after payment. Possession of landed property means the occupation or physical control of the property or parcel of land either personally or through an agent or servant of the claimant. Please contact your Solicitors for advice on this.

4. Perfect your title –

After payment, signing of documents and taking over possession, ensure don’t keep the conveyance documents in your locker, proceed to perfect your title (i.e. Obtaining Governor’s Consent and registering) as prompt as you can.

Be guided that in Nigeria, there are five ways to prove ownership of land i.e. by traditional evidence; by document of title; by various acts of ownership numerous and positive and extending over a length of time as to warrant the inference of ownership; by act of lawful enjoyment and possession of the land and by proof of possession of adjacent land in circumstances which render it probable that the owner of such land would be the owner of the other land.

For further questions and clarifications, please send us an email at lawcandles@gmail.com

We will gladly provide you with the required help and assistance.