Buying a house in Nigeria goes beyond physical inspection and making payments. The buyer must ensure that the seller has the legal right to transfer ownership of that property to him to avoid unnecessary disputes.
This brings us to the importance of asking for the necessary documents, which are very essential as they are evidence to show that the seller has a good title and as such can validly transfer ownership to the buyer. Some of the relevant documents to ask when buying a house or land in Nigeria are briefly discussed below.
Deed of Assignment/ Deed of Transfer
This is the document that transfers legal ownership of the property to the purchaser. This document is very important and the purchaser must ask for it when buying a house from the developer or seller..
Certificate of Occupancy
The Certificate of Occupancy is one of the most important land documents in Nigeria. It can be used to certify the legal ownership status of any land in Nigeria. It is the document that indicates that an individual has been granted a statutory right of occupancy by the Governor of the state or a customary right of occupancy by the Local Government Chairman, where the land is situated.
This document is also very essential where the property in question is on land that was acquired through a state grant.
Approved Survey Plan
Another important document to ask when buying land in Nigeria is the approved survey plan. This crucial document marks and defines legal boundaries, helps reveal the true ownership status of a property, and also reveals if the land is under any government acquisition or committed area. This document will become even more important when the house is bought along with the surrounding land.
Duly Perfected Assent
This is required where the house belongs to the estate of a deceased. In this situation, it becomes pertinent for the purchaser to request duly perfected assent from the personal representatives. He can even go further to verify if letters of administration/probate have been granted.
Power of Attorney
A power of attorney is a document usually under seal whereby a person (donor) authorizes another person (donee) to do on his behalf anything that the donor can do lawfully. Since this is an instrument of delegation, it is usually required where a person is acting for another person.
In conclusion, they are other documents, although not frequently demanded when buying a house, but they may become important depending on the circumstances surrounding the sale. Such documents include a duly perfected Legal Mortgage, Vesting order/Judgement of Court, and Evidence of grant from the State among a few others.
It is advised that a buyer of any property should engage a lawyer or a certified real estate consultant who can advise on documents required in any given property transaction.
At Afriland Properties, we provide first-class real estate consultancy services and develop projects with clean titles.
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