The worst outcome post-land purchase is losing your property due to insufficient verification of land documents. Many cases have surfaced where property owners lost their hard-earned money due to sellers peddling properties with counterfeit documents.
These fraudulent activities can take various forms, like selling land already owned by someone else or the government, land with forged documents, or land embroiled in disputes. Clearly, buying land without verification poses significant risks. Thus, to authenticate ownership and avoid such pitfalls, thorough verification is crucial.
Recently, the Nigerian government also warned against buying any property without thorough verification.
For clearer understanding, lets take a look at how land ownership is arrived at in Nigeria. We shall be looking at the various ways to own lands and authenticate ownership with the right documents.
THE LAND USE ACT 1978
The Nigerian Land use Act of 1978 abolished the existing land tenure systems
and replaced them with a uniform Land Administration system across the
Country.
Prior to the enactment of the act, different administrative systems operated in different parts of the country. Land control in the North and South were the two distinctive systems.
It was during the General Olusegun Obasanjo regime as a military leader that the different tenure systems were eradicated which gave birth to the land use act that now vested all lands in the hands of the government.
LAND CATEGORIZATION
In order to help us to get proper understanding of various land documents, lets briefly look at the different categories of land as obtainable today.
Land can be categorized into three which are; Free, Encumbered and Acquired
FREE LAND
A parcel of land is said to be free if the government has not indicated any interest whatsoever in that land. Land like that usually has Gazzette, CofO or Governor’s consent as title. They are safe to buy.
ENCUMBERED LAND
A land is said to be encumbered when a claim is attached to a piece of property or other asset by a third party until the said claim is rectified in full.
Common types of encumbrances are easements, encroachments, liens and deed restrictions.
A title search will reveal any documented encumbrances on the said property, thereby enabling the buyer to make a wise decision.
ACQUIRED LAND
Acquired land can further be classified into two based on the nature of acquisition. the two classes are Committed Acquisition and Global or General Acquisition.
Committed Acquisition: The land with committed acquisition means the government has designated that parcel for a specific project.
As such those parcels of land can never be released to individuals or organizations for development projects
Global Or General Acquisition: Land under global acquisition does not have a specific government purpose yet and as such those parcels of land can later become free or committed as the case maybe.
Whereas land under Committed Acquisition can never be released, the ones under Global or General acquisition can be released by the process of Excision or ratification, depend on each situation.
LAND DOCUMENTS
A deed of assignment is a crucial legal document that transfers property ownership from the seller to the buyer after a land transaction, providing evidence of ownership transfer and safeguarding against disputes.
Excision and gazette refer to the process where government-acquired land is released for residential or commercial development. Once excised, the land’s status is recorded in the official government gazette, making it safe for purchase and development.
A Certificate of Occupancy (CofO) is a vital document certifying legal land ownership, typically issued by the state government for a 99-year lease.
A governor’s consent is necessary for transferring property with a CofO, ensuring the new ownership is legally validated.
A survey plan accurately measures land boundaries, providing a detailed description essential for property transactions, overseen by surveyors regulated by the surveyor general’s office.
Conclusion
Land verification is crucial and cannot be overstated. It’s essential to conduct due diligence to avoid potential regrets later on. Here are key steps to consider:
Firstly, verify the status of the land. Determine if it’s available, under governor’s acquisition, or involved in any disputes.
Secondly, scrutinize the landowner. Understand how the seller acquired the land and their reasons for selling. This includes investigating potential disputes, litigation, or unreliable documentation.
Thirdly, validate the authenticity of presented documents. Check survey coordinates, ensure the land isn’t stolen or government-barred, and confirm there are no hidden fees or incomplete titles.
In addition to verifying ownership, ensure the land is legally available for sale and free from disputes or commitments. These steps are vital to making a sound investment and avoiding future complications.
Land verification is something you shouldn’t joke about. I highly recommend you enlist the help of professionals who already know the right questions to ask and the right documents to check.
Have you been scammed in a land transaction before? What are the lessons you learnt and decisions you made afterwards? I will love to hear from you.
Tags: Deed Of Assignment, Excision, Land verification, Property document, Title Document