Countless individuals have fallen prey to scams simply because they overlooked the crucial documents needed to rightfully claim
ownership of a property. Picture this; buying a piece of land, only to realize you’ve been handed a mere family receipt, devoid of
the vital title documents and deed of assignment required to solidify your status as the true landlord. Don’t let yourself be another
victim of such deception. It’s time to unravel the mystery behind these essential documents and empower yourself to secure your rightful ownership of property.
The following documents are the necessary documents you must have before you can claim a property .
1. Receipt
The Receipt of purchase for Real Property is a document that acknowledges that real estate company or land owner has received
payment for a land or building following the sale of real property.
Features of a Receipt
- Full name of the seller
- Address of the seller
- Full name of the buyer making payment
- Address of the buyer that made the payment.
- Description of the land
- Amount paid and balance (if any)
- Date of payment
- Space of append signature of buyer and seller
2. Letter of Acknowledgement
An acknowledgement letter is a Document used by seller of a property to formally acknowledge the receipt of a real estate transaction.
It is used to confirm the payment of Real estate transaction between the buyer and Real estate company or indigenous family.
Sample of letter of Acknowledgement
I, Adesola Adesope of No 10,Odofolu street, Agege,Lagos, Nigeria hereby acknowledge the receipt of the sum of #5,000,000(Five million naira).
The payment was made by Olusola Fadipe of No 120, Abiola Rauf street,Ikorodu, Lagos, Nigeria as full payment for the purchase of all that Property described as follows:
A plot of land measuring 50ft by 100ft situated in Idiobi village, Ido L.G.A badan, Nigeria.
The payment was made outright on 2nd March,2010
…………… ………………
Buyer seller
3. Contract of sale
This is a document to shows that a transaction has been taken place between the Subscriber or Land purchaser and Real estate Company or land owner.
Features of contract of sale
- Full details of the parties(name and address)
- Location of the Property
- Structure of payment, may be outright or 6 months payment plan or 12 months.
- Balance and Interest on unpaid purchase sum where the payment is to be paid in installments.
- Risk and Insurances
- Completion date of the transaction
- Provisions for fixtures and fittings
- Specific terms, risks e.t.c
Where a contract of sale has been excecuted between parties an equitable right to the title is passed to the buyers as vendor still
retains legal title to the land and holds the same in trust for the buyer.
A vendor cannot transact with the land contrary to the agreement in the contract and no party can rescind the contract without being liable for a breach of contract.
Important of contract of sale
- In a contract of sale, the vendor is committed to the transaction and the purchaser has sufficient time to investigate the title before the final completion of the transaction.
- The death of either party to the transaction does not terminate the contract as personal representatives can proceed with the contract of sale.
- A contract of sale prevents last minute withdrawal would amount to a breach of the contract.
- A contract of sale protects the equitable interest of the purchaser.
- It crystallizes the position of the parties as terms have been expressly agreed upon.
- The vendor cannot unilaterally and subsequently increase the purchase price has already been fixed in the contract
- Payment of lesser stump duties.
4. Deed of Assignment
This is a legal document that shows that seller or the Real company has transferred the property to purchaser and it is always given
after conclusion of the property transaction between the buyer and the seller.
It is legal instrument executed between a buyer and seller upon the negotiation and Completion phase of a sale of land transaction,
subject to perfection. It is usually demanded by the buyer of the real property at the conclusion of the property transaction as the
final legal documents that transfers the interest of title without any conditions attached beyond the payment of the consideration price of the property.
In a deed of assignment,the nomenclature of parties changes from vendor to Assignor and from Buyer to Assignee
Upon the execution of a deed of assignment between parties, there is a permanent transfer of legal title and owner to land from the assignor for a consideration paid and accepted by the assignee.
Deed of Assignment is normally prepared by a lawyer.
Difference between Deed of Assignment and contract of sale
In contract of sale, the buyer only acquire equitable interest in the property while the seller retains the legal interest
in trust for the buyer while In the deed of assignment, the assignee or land purchaser acquires legal interest in the property .
5. Survey plan
For landowners in Nigeria, a survey plan is an essential legal document that provides a layout of the dimensions, borders, and locations of a plot of property. Landowners in Nigeria should have a survey plan for the following reasons:
- Legal Protection: By precisely delineating the limits of a landowner’s property, a survey plan offers legal protection to the proprietor. This guarantees that your land rights are protected and helps avoid boundary conflicts with other landowners.
- Property Documentation: In order to get a Governor’s Consent or Certificate of Occupancy (C of O), which are necessary papers to prove property ownership, a survey plan is required in Nigeria. Obtaining the required legal documentation and proving your property title might be difficult without a legitimate survey plan.
- Land Transactions: In order to enable the transfer of ownership, a survey plan is necessary when purchasing or selling land in Nigeria. In order to ensure that the land is suitable for their planned purpose and that the borders are accurate, prospective purchasers frequently want to see a survey plan.
- Development Approval: A survey plan is normally required by local authorities as part of the paperwork needed to get construction licenses and development approvals. This guarantees that building operations respect zoning laws and don’t intrude on nearby properties.
- Risk Mitigation: Landowners can detect any encroachments or boundary issues early on by acquiring a survey plan. This enables them to implement remedial actions, such setting up fences or boundary signs, to avert future legal conflicts.
- Investment Security: A survey strategy gives real estate investors more legitimacy and transparency when making investments. By ensuring that the borders of the land are precisely drawn, it lowers the risk associated with investing in contested or encumbered properties.
- Land Valuation: Survey plans are essential for valuing houses and land. The size, shape, and location of the property are evaluated by surveyors using the data in the plan, which affects the land’s market worth and potential for appreciation.
Features of survey plan
- The title of the survey (the name of owner)
- The address and description of the land
- The size of the land surveyed.
- The drawn out portion of the land surveyed
- The beacon numbers
- The surveyor who draw the survey plan and date it was drawn up.
- A stamp showing the land is free from acquisition or not.
In conclusion, a survey plan is essential for landowners in Nigeria because it provides legal protection, makes land transfers easier,
guarantees regulatory compliance, reduces risks, improves investment security, and helps with property valuation. As a result, getting a reliable survey should be a top priority for all landowners. Consequently, in order to protect their interests and maintain
the integrity of their property rights, all landowners should give top priority to getting a legitimate survey plan.
6. Title Documents
Title documents such as the Certificate of Occupancy (C of O), Governor’s Consent, or Gazette are of foremost significance for landowners in Nigeria. These archives serve as lawful verification of proprietorship and give security and assurance for the landowner’s speculation. Here’s why these records are significant:
- Lawful Proprietorship Affirmation:
Title reports confirm the proprietorship of a chunk of arrive or property. They give conclusive prove that the landowner has legitimate rights to the property and shields against debate or claims by others. - Security Against Extortion:
Ownership of substantial title archives makes a difference to relieve the chance of false exchanges. With legitimate documentation, it gets to be more challenging for people or substances to unlawfully offer or exchange possession of the property without the owner’s assent. - Get to to Property Rights:
Title records allow landowners certain rights and benefits related with property possession. These rights may incorporate the capacity to create, rent, contract, or offer the arrive, giving the proprietor with adaptability and openings for monetary pick up. - Venture Security:
Having clear and substantial title records improves the attractiveness and esteem of the property. Planned buyers or financial specialists are more inclined to lock in in exchanges including properties with well-documented possession, expanding the probability of effective deals or exchanges. - Lawful Compliance:
In numerous cases, having particular title reports such as the Certificate of Inhabitance could be a lawful prerequisite for land transactions in Nigeria. Following to these lawful benchmarks guarantees compliance with administrative specialists and helps landowners maintain a strategic distance from lawful punishments or complications within the future. - Ease of Exchange:
Landowners with appropriate title reports can explore property exchanges more easily. Whether it includes getting financing, transferring ownership, or settling lawful things, having the vital documentation streamlines the method and minimizes bureaucratic obstacles. - Legacy and Progression Arranging:
Title reports play a imperative part in domain arranging and progression things. Clear documentation disentangles the exchange of property to beneficiaries or recipients, guaranteeing a smooth move of proprietorship and minimizing potential clashes among family individuals.
In summary, title documents such as the Certificate of Occupancy, Governor’s Consent, or Gazette are crucial resources for
landowners in Nigeria. They give legitimate approval of proprietorship, ensure against extortion, encourage property exchanges,
and maintain the rights and interface of property proprietors. Contributing time and assets into securing and keeping up these
records is fundamental for defending property resources and guaranteeing long-term thriving.
All these above 
documents are necessary to protect your land from Land Grabbers.
