Property Management

How to Avoid Getting Scammed: A Guide to Safe Land Acquisition.

SNEAK PEEK

A straightforward guide to purchasing land safely. Become familiar with essential steps for safe land acquisition and documentation in Nigeria, from due diligence to securing physical possession. Avoid scams, navigate legalities, and protect your investment.

People who don't live in cities or DIY enthusiasts who like to do things themselves also deserve some help with acquiring land/landed property safely and conveniently. Especially since the PetitHaus community extends beyond Lagos and Abuja, we must look out for them too with tips on how to navigate the journey to homeownership.

When purchasing land in Nigeria, understanding the process is essential to avoid legal issues or fraud. Here’s a simplified step-by-step guide to help you navigate safely:

1. Create And Leverage Relationships.

No matter who you are, you need help, and central to safe land transactions is relationships.

From someone who knows someone, to a friend that can speak for you in your absence, even a family member to run logistics & errands before, during and after land transactions, you need people.  Leverage your existing relationships or connect with new people within and around the desired neighbourhood to initiate lasting relationships.

That said, let's get into it.

2. Understand The Basics & Clarify Your Ownership Goals.

In Nigeria, land ownership is often hereditary or community-owned. Recognizing land as a fixed, legally defined asset is the foundation for understanding land ownership and rights (what you can or can not do on said land).

3. Perform Due Diligence

This involves researching property background, legal ownership, and potential claims. Due diligence ensures you avoid fraudulent transactions and invest in legitimate property.

  • Investigate Sellers: Verify the legitimacy of those selling the land. If it’s community-owned land (often sold by representatives, “Omo-onile”), ensure you’re dealing with the appointed representative and confirm with multiple family members.
  • Verify Development Potential: Assess the area for infrastructure, amenities, and projected growth, which affects land value and resale potential.
  • Legal Assistance: Engage a reputable lawyer or trusted real estate agent to conduct these checks. 
  • Check Land Status: Visit your state's Land registry department to review the land records for encumbrances, restrictions, or ongoing disputes. 

4. Confirm Land Title

Verifying titles ensures your purchase is recognized under Nigerian property law, protecting your ownership rights.

  • Check Land Title: Confirm the legal title status with the seller or representative and verify ownership through the Land Registry. Without a valid title, ownership cannot be legally transferred.
  • Ownership Clarification: In cases of family-owned properties, ensure signatures of all relevant family members are obtained.

Steps:
    - Identify Existing Title: Ask for documentation from the seller, especially if the land is community-owned.
   - Verify with Authorities:
Cross-check with local land registry or relevant authorities to confirm the title’s legitimacy.

5. Complete Documentation

Complete documentation prevents future ownership disputes and legally secures the property under your name

  • Draft Legal Documents: Your lawyer should draft and finalize all necessary documents, transferring the property officially into your name.
  • Register at the Land Registry: For full legal protection, register all documents at the relevant state Land Registry, securing your legal claim.

Important titles & meanings:
- Certificate of Occupancy (C of O): Confirms ownership under Nigerian law.  
- Governor’s Consent: Required for any land transaction involving previously owned land. It confirms that the state government gives you the approval to use or permission to own the land
- Deed of Assignment: Legally transfers ownership from the seller to the buyer. Shows the record of ownership at various times since the land become a sellable/transferable asset.
- Survey Plan: Not (Title) but provides geographical boundaries and details of the property covering the lengths of all sides, the angles of orientation and the registered beacon (pillar) numbers.

6. Secure Physical Possession

 The series of steps to take in order to take physical possession, and solidifying your claim to the property. This will help you prevent potential encroachment and also demonstrates active ownership.

  • Mark Your Property Visibly: Once ownership is confirmed, secure the property physically by erecting boundary markers or fencing to discourage encroachment.
  • Neighbourhood Networking: Introduce yourself to neighbours, local community heads, or nearby workers (who can help monitor the land if you’re not present frequently) to maintain awareness of activities around the land

Bonus: Tips for Long-Term Safety

  • Periodic Inspections: Visit the property occasionally, or appoint a reliable contact nearby to oversee it.
  • Consult Trusted Professionals: Use reliable real estate agents, surveyors, and legal practitioners.
  • Legal Follow-Through: If acquiring family-owned land, ensure all administrative steps are adhered to, such as wills or letters of administration.
  • Maintain Relationships and communication: Keep in contact with local community member or neighbours near your property to prevent encroachment.

These are steps you can follow to protect yourself against scams, unauthorized sales, and legal complications, ensuring a safe and secure land acquisition process.

Also note that while this framework is a typically ‘general blanket’ that works everywhere, you need help (professional and relationship-based) to work out local nuances, details and specifics that are characteristic of individual states, towns and/or villages where you intend to own or develop a property.

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