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Posted by Danbel Properties on April 2, 2022
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Last time we spoke about the dangers of having incomplete documents and today we’ll be talking about documents to request for during different types of real estate transactions

DOCUMENTS TO REQUEST

In general, there are four (4) groups of persons from whom you can purchase land or property. They are as follows:

PRIVATE INDIVIDUALS

When a person lists his or her property or land for sale, it is necessary to exercise caution and due diligence to confirm that he is selling for the appropriate reasons, that he has the statutory right to sell, and, most crucially, that he can transfer title to you upon purchase.

This information is extremely important since it will assist the buyer in making the best selections possible without fear of incurring unknown liabilities and will also establish the seller’s authenticity.

An individual can either sell land that he purchased with a virgin title by first registering as the owner or resell land that he previously purchased from prior owner(s) or occupier(s).

When a first-time land seller sells his property, the following documents must be delivered to the buyer:

  • A certificate of occupancy certifying that he is the legal owner of the property (or a certified true copy when he wishes to sell part of his estate)
  • The deed of assignment
  • If there is an existing structure on the land, you will need a building plan and approval from the appropriate authorities.
  • receipt for land purchase
  • Form 1c
  • Tax clearance certificate

When such a person sells the land he bought from the prior owner(s) or occupier(s), he must transfer the following documents to the buyer:

  • The deed of assignment given to him by the previous owners (or a certified true copy when he wishes to sell part of his estate)
  • If there is an existing structure on the land, you will need a building plan and approval from the appropriate authorities.
  • receipt for land purchase
  • Form 1c
  • Tax clearance certificate

FAMILY OR COMMUNITY?

There are two options for purchasing land from a community or family.

If they are selling family land, they must seek and gain the agreement of the family’s head and other recognized representatives. If the head of the family does not consent to the sale of the land or is unaware of it, the transaction is null and invalid, and any paperwork handed to you is worthless.

If all of the aforementioned parties are notified and agree to the transaction, the purchaser will get the following documents:

  • Receipt from the family
  • A validated excision document, along with a gazette in which the government declared the land to be excised to the family.
  • Form 1c: Deed of Assignment signed by the family’s certified representatives

If they are selling communal land, they must seek and gain the agreement of the community’s leader (typically the baale or oba) and other accredited representatives, such as the secretary of the community.

Such a deal is invalid if the community’s leader does not authorize or is uninformed of the land sale. If all of the aforementioned parties are notified and agree to the transaction, the purchaser will get the following documents:

  • Family receipt
  • A verified excision document with accompanying gazette where government published the land as being excised to the community.
  • Deed of assignment to be signed by the accredited representatives of the community.
  • Form 1c

REAL ESTATE COMPANY OR DEVELOPER

Before you land from a real estate developer, make sure they have the proper title in their possession and name, such as a certificate of occupancy or a deed of assignment (whether registered or not), so you can inherit a good title. Once this is established, the following papers must be sent to you:

  • A purchase receipt
  • Approved survey plan
  • Deed of assignment
  • Letter of acceptane

GOVERNMENT

The following documents are necessary for the purchaser to prove his ownership over government-owned lands:

  • Letter of allocation
  • Letter of confirmation
  • An approved survey plan
  • Certified certificate of occupancy

Always ensure you consult a real estate lawyer if you are unsure of the documents to request

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