PROCEDURES FOR SEARCH BEFORE PURCHASE OF LAND IN NIGERIA

INTRODUCTION

It is pertinent to mention that an intending purchaser should conduct a search and do necessary due diligence when purchasing land or property to clear any doubts, ambiguities, and confusion. The only way to ensure that the land /property to be purchased in a transaction has a good title is to conduct a complete and thorough search.

The main reason for conducting search on a property to be purchased is to ascertain if the property has a defective or good title. Where a property has a defective title, the purchaser is advised accordingly by his solicitor not to go ahead with the transaction. However, where a property has a good title, the intending purchaser is advised to go ahead and make payment for the property. Where an intending purchaser fails to conduct a thorough search before agreeing to buy and part with his money for the land, he would buy nothing as the transaction will be void ab initio. The purchaser’s solicitor must conduct search on the property.

There are several ways to investigate and ascertain the title of property under Nigerian Law and the top 5 ways of searching will be the focus of this article.

1.     SEARCH AT THE LAND REGISTRY

The land registry is the most prominent place to search for a property. This is because the land registry of a state administers all lands in the state. Where the land is registered, a search at the land registry will reveal the nature of the grant or interest over the property. It will state the proper description of the land such as the size, survey plans, beacons, maps, and charts. The search will also reveal the details of fees paid on the land and the details of registered transfers on the land. Equally, a search helps to reveal whether there was a previous or an existing encumbrance on the land such as mortgages, charges, and pledges.

The land registry is usually located at the State Ministry of Lands and Survey of every state of the nation. The procedure for searching for land varies from state to state. However, in most states, the search is conducted by a written application stating the particulars of the property. The application is also accompanied by a letter of consent by the owner of the property authorizing the solicitor to conduct such a search. Upon such application and payment of the prescribed fees the file on the property is provided for the solicitor to peruse, take notes and make copies where necessary.

2.     SEARCH AT THE PROBATE REGISTRY

The probate registry is located at the various registries of State High Courts. Searching at the probate registry is necessary when the vendor acquires the property through a bequest by will.  A search of the probate registry will disclose the real beneficiaries and executors of the will. It will also reveal the validity of the letter of administration granted on the property. The probate will also disclose whether there is any challenge to the will in the courts.

3.     SEARCH AT THE CORPORATE AFFAIRS COMMISSION

The Corporate Affairs Commission is the agency responsible for the registration and regulation of Companies, Business names, and Incorporated trustees in Nigeria. Therefore, where any Company, Business name, or Incorporated Trustee is involved in a land transaction it is imperative to conduct a search at the Corporate Affairs Commission to discover the registration status of the company, the record of properties of the entity with the Corporate Affairs Commission and whether there is a resolution of the company to acquire or dispose of such property.

4.     TRADITIONAL INVESTIGATION OF THE PROPERTY

Where the land to be purchased is subject to traditional title, it is imperative to conduct a traditional investigation on the property. This can be done by summoning a meeting of all those involved to discuss the sale of the land by the head of the family. At the meeting, all unresolved issues as to the power of the person purporting to be head of the family will be settled, and where all members of the family, the purchaser can go ahead and pay the purchase price to the head of the family.

5.     PHYSICAL INSPECTION OF THE PROPERTY

This is a personal visit by all parties concerned to physically inspect the property. This will reveal whether the property is in fact in existence. This will also reveal the improvements on the land and who is occupying the land. Further, it will reveal the general conditions of the land such as damages, destructions, acts of Government, and whether it conforms to the dimensions earlier revealed in the land registry.

It is advised therefore to conduct a physical inspection of the property with a surveyor and purchaser’s solicitor present.

CONCLUSION

As an intending purchaser of land, it is imperative to employ any or all of the legitimate processes for searching and discussing the above before paying the purchase price. As stated above the aim of the search is to ascertain whether any defect exists in the title of the vendor. This will suffice to say protect the purchaser from being a victim of fraud or buying land for which the vendor has no title. Finally, engaging a solicitor who can search at the above-mentioned places, is very paramount.

 Abdulwahab Dahiru Esq, ACArb.

07062694989

dahiru.abduwahab2012@gmail.com