Opinions
OPINION: Avoiding Property Disputes By Yejide Gbenga-Ogundare
Disputes arising property ownership is rife in Nigeria. Indeed, buying land and building on it without issues is becoming a rare occurrence and the courts are congested with cases arising from battles over property from issues such as lack of proper documentation, unclear ownership, or fraudulent practices.
And in such instances, it is the person that has adequate proof that gets ownership no matter the claim the other party has to the property. Consequently, rather than approach property acquisition project as a war, you can save yourself a lot of headache, unnecessary grief and waste of resources by doing it right and following some basic guidelines.
It is easy to avoid getting enmeshed in property disputes which can take long years before resolution just by following the rules and taking simple procedural steps.
Know what you are getting into: Conduct thorough due diligence; verifying the property’s ownership, title, and legal status as well as if there are encumbrances, such as mortgages or liens, this will help you not to buy a property that is in dispute or buy from the wrong person.
Get legal advice from a lawyer that is grounded In property laws.
Ensure you get proper documentation; title deed, land registry records, survey and building plans which must all be verified to avoid fake.
Keep all documents safe and ensure clear ownership; always buy from the owner or a verified representative. Avoid third parties.
Don’t cut corners; avoid forgery or taking back doors so you don’t make yourself vulnerable to fraudulent people.
Take cognisance of zoning regulations in the particular area to help determine what is acceptable; type of building that can be constructed, setback provisions and likely future road development plans.
A land survey is a must if you want to avoid disputes because it helps to determine the exact boundaries of a property so you don’t encroach on others land or trespass, creating disagreements.
Get title insurance to protect you from losses due to defects in the property and unexpected legal challenges or disputes arising from defects in the property title.
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