Important Considerations before Purchasing Real Estate in Nigeria.

Proper investigation about a property you want to buy is very essential, probing the authenticity and validity of the property is very important when buying land in Nigeria especially in a country like Nigeria where the incidence of land fraud is rampant.

1. VERIFY THE IDENTITY OF THE TRUE OWNER OF THE PROPERTY AND THAT OF THE PERSON SELLING.

Always keep the following questions in mind: “Who is the owner of the property?” “Who is selling the property? Is it the owner, the owner’s wife, son, daughter, or someone else?” “Whose name appears in the documents? Is it the current owner or the previous owner?” , does the seller have the legal authority of the seller to sell?.

It is important to ask questions where the name on the title deeds differs from the name of the person selling, how did he come about the title? Incidences of impersonation are common in land transaction in Nigeria, demand for the sellers’ form of identification. Where the property in question is a family land, it is important to make sure the vendor has the authority and consent of the entire family to sell.

2. REQUEST FOR LAND OWNER’S DOCUMENTS.

Before you make payment for any land in any location in Nigeria, you should ask for the following documents:

· The Certificate of Occupancy (C of O)

· The Survey Plan

· The Tax Clearance Certificate

· The Deed of Assignment

Never make payment for land without the provision of these vital documents. Don’t take anything for granted because this is one-way fraudulent individuals exploit unsuspecting land buyers. Many have fallen victim to this scam and several others have found themselves in court contesting ownership of land that they paid for without following due process.

This can never be over emphasized, Its very important that you get these documents before paying for the property. Lots of people have fallen victim of buying property they never authenticated.

Even if the vendor is a close relative, friend or colleague and you trust the person, Make sure the due process to verify and authenticate the property before buying is followed to avoid being scammed or duped.

3.  ZONING RESTRICTIONS.

It is important to know the zoning permits of the area you are trying to buy land from as this will help you to know what government plan for that area is.

The purpose of the property is usually stated on the face of the title document for instance ,it may be delineated as “Commercial” or “Residential” ,”Farming” or “Mixed Use”.

You will not be allowed to build a factory where government has already marked for residential building. You need to know this, so you do not have issues with the government in the future.

Even if the area is for residential building, know the kind of building the government permits for the area.

Building a skyscraper in an area where government says build bungalow is going to make you have issues with the government.

4. CONFIRM THE SIZE AND COORDINATES OF THE LAND (LAND SURVEY)

You need to also check to know if the size of the land corresponds with what the owner says it is and what is stated on the survey plan of the plot of land.

Also the coordinates of the land as stated on the survey plan must be confirmed. It is not just enough to show you any piece of land ,its coordinates must match that in the land registry. This is important so that you are sure that the physical land being sold to you is the same as that in the title document and that in the Land registry.

The only way to do this is to get a surveyor who will come and survey the land and get the actual measurement and confirm the documents.

Do not rely entirely on what the vendor says, because he says it is one plot does not make it necessarily one plot.

Even though it will cost you money (from N200,000 to N2,000,000), but it is better you carry out your land survey and be sure of what you are buying.

5. CONDUCT A LEGAL SEARCH.

Before you buy a plot of land or a completed building, be sure to conduct what is called a “search” on the property.

It is important to conduct a search at the relevant land registry of the property in question to find out if the said property is within government acquired properties or not ,or whether there are any encumbrances on the said property like mortgages or other charges ,or whether there are any pending litigation or other issues on the property, like double allocation etc.

The bureau of lands of Lagos state is responsible for all land related matters in Lagos state. It also has office in Government secretariat Alausa Ikeja Lagos Nigeria, While the Abuja Geographical Information system (AEGIS) and the various Land registries of the various Area Councils are responsible for all land and related matters in Abuja, Every other state in Nigeria has a Land registry where information relating to various lands are documented.

6. VERIFY THE AUTHENTICITY OF TITLE DOCUMENTS.

Its very important to verify the authenticity of the title document given to you. Having the documents sent to you is one thing, verifying them is another thing entirely. Cloning and forgery of documents is rampant in the sale of real estate in Nigeria.

It is not enough to request for the owner’s copy of the title documents he/she intends to sell to you; it is particularly important to verify the authenticity all the documents that are provided.