Deed Of Assignment: Why You Need A Surveyor To Be Involved Before Signing Your Transfer Of Land Documents In Nigeria In 2021
How To Document Your Land And Not Get Scammed With Lawyer Deed Of Assignment
Investing in land is serious business and different, because you cant hide a land nor can you carry your land to a safe location in the times of trouble, so your land survey plan and deed of assignment are very vital documents to indicate land ownership and also transfer of land ownership.
The survey plan is the most important document that indicates land ownership, in Lagos state, Ogun state and every other part of Nigeria and a land surveyor is in charge of land surveying and documentation of survey plan and it is also used in processing your land C of O.
When buying land or any type of properties (land or house), you are to carefully investigate the land for sale or properties, I do recommend to people to take time and employ the services of the right professionals, that is the land surveyor and a lawyer.
But the problem comes in when the land buyer employs just a lawyer to investigate his or her desired land or property investment.
This is problematic and disastrous because a surveyor is suppose to interpret the survey plan provided by the seller then visit the site and confirm if the details on the map are exact with the ground information and confirm the position of the site if it tallies or falls within the positional co-ordinates of the sellers documents which is very vital before proceeding to other investigation.
But, most lawyers tend to just tell their clients that they will investigate the land and they move around with the documents provided without confirming it belongs to the particular location and make partial investigations.
I don't know if this is caused by greed or caused by ignorance of their clients to educate themselves and know that a lawyers job is to interpret and draft document and not on land matter which is the job of a surveyor to interpret survey plan and to map and document land survey plan.
Most lawyers deliberately involve themselves in this process to influence surveyors, so modify details and alter the process of documentation, to make more money for themselves due to their client trusting them with all documents.
Before we continue, I would like to make some recommendation of professionals:
I Recommend:
You Contact OME Land Surveyor And Consultants on 09025234582
OR
Click link wa.link/0rpxbn to message on WhatsApp.
They provide the service of Land surveying in Lagos, Ogun or anywhere in Nigeria.
For Land Documentation (C of O Processing)
All land Investigation before you buy any property.
Why I Recommend OME Land Surveyor And Consultants:
The CEO Holds Bachelor of Tech in Surveying And Geo-Informatics from FUTMINNA.
He is the Engineering Land Surveyor | Hydrographer | Survey Plan Cartographer at OME Land Survey And Mapping.
Also this firm is a complete package because they have all professional on board including lawyers to help with your deed of assignment.
Why should you get a Land surveyor involved in the process of buying land and property before getting your deed of assignment drafted?
Apart from the fact that registration and documentation of land and property documents is complex, most lawyers or people pretending to be lawyers just make use of the same deed of assignment sample, photocopy it and then modify names of the buyer and seller.
This is bad practice because every property transaction of land and property has it own unique process which is suppose to be included in the deed of assignment including the unique payment plans, real estate location and many more unique details.
For instance, few weeks ago a client of mine was involved in a land transaction to purchase land in Ikoyi few minutes drive from banana island, after agreeing to the price of the owner of the land my client was interested in, his lawyer drafted his deed of assignment and was already paid his 10% commission.
My client then contacted me to confirm if the size of the plot of land the sellers is transferring to him is exact which should be 1000 sqm(square meter) and investigate other things.
To check if land is free or not from government acquisition and so much more...
The results of my investigation was the the size of land was complete, but the survey plan the seller was carrying which will be used for documentation of the deed of assignment showed that the land was in Banana island
This could be a mistake from the sellers surveyor or a method of fraud or scamming my client, because if the transaction and transfer had been completed and my clients lawyer had carried on with the documentation of the deed that contained the bad survey plan and I as a surveyor was contacted later on to survey the land and produce a survey plan carrying my clients name and pillar numbers and plan number for documentation.
This practices are most common in Lagos state and Ogun State especially Epe town and the Lekki free trade zone area.
Note that the mention of survey plan is so frequent, that is because it is the most important documents when buying a land or real estate property in Nigeria especially Lagos and Ogun state.
It is the foundation to every land documentation up to getting the governor s consent or certificate of occupancy.
For your survey plan and documentation of land:
Contact OME Land Surveyor And Consultants
on 09025234582 OR
Click link wa.link/0rpxbn to message on WhatsApp..
I would not have been able to discover that the land survey plan was showing another location if not for my involvement before the deed of assignment was completed and this in the deed will in-directly mean two different properties and the seller would have gone away without selling without transferring the property right.
This would give cause for a great battle of ownership in the future if the seller did it on purpose and comes around in the future to claim the property or ask for a better price. This is very problematic for deed of accent if the owner is dead and has transferred the property to his children or family and the seller of his or own children then lay claim to the property and decide to settle in court.
This can still be corrected after the deed has been documented if the seller is an honest person and agrees to it, but this can be a very expensive process.
One of my frequent blog reader had a question for me and I had to reference the land use act of Nigeria to reply, and he is the reason why I wrote this post.
The question and response is in the image below
The link in the response will be below:
https://landsurveyorlagos.blogspot.com/2020/12/why-you-need-surveyor-to-be-involved.html
Registration of deed of assignment in Lagos (Steps):
Firstly, what is a deed of assignment?
This is a document containing a written agreement describing fully the transaction between a person selling a house, land or any property and the person buying from the seller.
This document shows that the sellers has transferred all ownership and right of the property from the seller to the buyer.
The registration of the deed of assignment gives validity to a title and makes it tenable in a Court of law.
Steps:
1. Get a land survey of the land or house; to know the cost of land survey in Lagos state, click the link below:
Note: A survey plan must be attached to any document before registration and the details must be quoted in the Deed. If it is a government survey, same must be stated in the Deed with the reference of the registered title of the government allocation.
2. Get a lawyer to draft your deed of assignment or surveyor can also get you a lawyer;
For registration of land and properties, deed of assignment should contain:
* Survey plan, this is the most important as it will be used to depict the location of the land, name of the owner, it size, pillar numbers of the boundary points and the survey plan number.
* Signature of both parties, that is the buyer and the seller
* Stamp of the deed of assignment , which is now done at land bureau Lagos state. This will be carried out by the lawyer.
Remember to keep a copy and file another copy in any nearby court.
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