Not every land document can be termed as a legal title.
Below are 5 commonly mistaken titles that should be avoided by every potential property buyer.
- Power of Attorney (PoA) Without a Registered Survey or Deed of Assignment:
A Power of Attorney alone may not be sufficient to establish clear ownership. It is often used for temporary authorization and may not confer the right to sell or transfer land. If a land has a Power of Attorney, it should ideally be supported by a registered survey and/or a deed of assignment. - Purchase Receipt Without Supporting Documents:
Merely having a purchase receipt without additional supporting documents such as a Deed of Assignment or a Certificate of Occupancy can be risky. Verify that the transaction is properly documented and legally recognized. - Family Agreement or Family Receipt:
Transactions based solely on family agreements or family receipts may lack the legal standing required for secure ownership. It’s essential to obtain proper legal documentation like a Deed of Assignment or a Certificate of Occupancy. - Excision in process:
This means that the land is in the process of being excised, but the excision has not been completed and granted yet. During this period, the land may still be subject to certain restrictions, and it may not be advisable to proceed with full-fledged development or transactions until the excision process is successfully completed. - Contract of sale:
A Contract of Sale, also known as an Agreement for Sale, is a legal document that outlines the terms and conditions of a property transaction between a buyer and a seller. It is an agreement between the parties involved in the sale of the property and typically includes details such as the purchase price, payment terms, conditions of the sale, and other relevant terms.
Although a Contract of Sale is a crucial and legally binding document facilitating the transfer of property ownership, it does not inherently grant legal ownership or function as a title to the property
See also 4 important land titles in Nigeria
While some titles may be legitimate they could easily be confused for what they mean.
Below are a few titles you want to understand their meanings before purchasing them.
- Leasehold – This shouldn’t be mistaken for a freehold land. A leasehold refers to the interest or right a person has in land or property for a specific period of time, as granted by a lease agreement. So if you purchase a property with a leasehold, bear in mind that it expires.
- Deed of lease– Just like the above title, the deed of lease is a legal document that formalizes the lease agreement between the landlord (lessor) and the tenant (lessee).
- Leasehold – This shouldn’t be mistaken for a freehold land. A leasehold refers to the interest or right a person has in land or property for a specific period of time, as granted by a lease agreement. So if you purchase a property with a leasehold, bear in mind that it expires.
CONCLUSION:
Land purchase should never be rushed. No matter how cheap a land may seem, always verify the titles. Always consult a qualified property lawyer to verify legal titles.
See also 4 important land documents in Nigeria
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