₦airaland Forum

Treash:
1. SEARCH OF PROPERTY TITLE: This includes search at the Land Registry to ascertain whether there is any form of government’s acquisition that would affect the purchaser’s ownership interest. It also includes search in court registries to ascertain whether or not there is any pending litigation on it. A case was decided where the presiding judge held that anyone who buys a property which is subject to court litigation, such person has bought a case for himself. Search could be conducted at the Corporate Affairs Commission. This is a situation where by the owner of the property is a corporate body like registered Estate companies. Other places of search includes probate registry. This happens mostly where the owner is late and there could be indications that probate has been granted to another person without the awareness of the buyer.

2. INVESTIGATION OF THE ROOT OF TITLE AND GENERAL CONSENT: It is crucial to verify that all relevant consents have been obtained and that the title is neither void nor voidable before a purchase can be made. An Ilorin based lawyer called me few months ago that his clients wanted to pay for a property in Kwara State; fortunately he saw my number on the document of the owner, because some agents wanted to sell for the said owner. I called the owner whether they truly wanted to sell and they gave their consent. A lawyer will help in seeking relevant consents on the property.

3. Physical inspection on the property: This is a personal visit to the property in question in order to find out if there is any issue with the property, or to ascertain the actual size of the land and whether it conforms to the dimensions on the survey plan at the Lands registry.

4. DRAFTING OF NECESSARY DOCUMENTS: Lawyers prepare different types of documents for properties’ transactions. Kindly note that mere issuance of payment receipt is not a proof of ownership of land. I have come across several land purchasers who tender only receipts. A lawyer deed of Assignment is like a car manual which state the full details of the transaction.

5. Lawyers may help out in the perfection of a title to the newly acquired property by applying for Governor’s consent, payment of stamp duties and registration.

Barr Adeolu Ayo Aderinto, 08068088866.

Credit: Resolution Law Ng.