Top Legal Mistakes Property Buyers Make in Nigeria

Quick answer: Top 10 Legal Mistakes Property Buyers Make I is a public legal-education guide. The correct legal step may depend on the facts, documents, location, timing, and current law, so readers should seek tailored legal advice before acting.

This article is provided for general legal education only and is not a substitute for advice on a specific matter.

Introduction

1. Failing to Conduct a Title Search

How to Avoid This Mistake

• Engage a qualified property lawyer to conduct a thorough title search.
• Ensure the property has a valid title, such as a Certificate of Occupancy (C of O) or Deed of Assignment.

2. Ignoring Land Use Regulations

How to Avoid This Mistake

• Verify the zoning and permissible use of the land from the state’s urban and regional planning authority.
• Consult a lawyer to ensure compliance with applicable land use regulations.

3. Skipping Survey Plan Verification

How to Avoid This Mistake

• Ensure the survey plan is charged with the state surveyor-general’s office.
• Use a registered surveyor to confirm the property boundaries and avoid encroachments.

4. Trusting Verbal Agreements

How to Avoid This Mistake

• Insist on a Deed of Assignment or Sales Agreement that is properly drafted and executed.
• Have all agreements reviewed and witnessed by a lawyer.

5. Overlooking the Need for Governor’s Consent

How to Avoid This Mistake

• Obtain Governor’s Consent after the purchase to validate the transfer of ownership.
• Work with a lawyer to handle the application process at the Lands Bureau.

6. Neglecting Tax Clearance Requirements

How to Avoid This Mistake

• Ensure the seller provides an up-to-date Tax Clearance Certificate (TCC).
• Budget for applicable taxes and ensure prompt payment to avoid complications.

7. Buying from Unregistered Landowners or Omo Onile

How to Avoid This Mistake

• Avoid buying land without legal documentation from recognized and registered landowners.
• Verify the seller’s authority to sell the land through proper channels, including the land registry and community leaders.

8. Failing to Verify Encumbrances

How to Avoid This Mistake

• Conduct a thorough title search to ensure the property is free from encumbrances.
• Request an encumbrance certificate from the land registry as part of the due diligence process.

9. Underestimating the Role of Legal Representation

How to Avoid This Mistake

• Hire an experienced property lawyer to guide you through the transaction process.
• Avoid relying solely on real estate agents for legal matters.

10. Ignoring Dispute Resolution Clauses

How to Avoid This Mistake

• Ensure your purchase agreement includes an arbitration or mediation clause to resolve disputes amicably.
• Work with a lawyer to draft a comprehensive agreement that protects your interests.

Bonus Tip: Not Budgeting for Hidden Costs

How to Avoid This Mistake

• Consult your lawyer for a breakdown of all potential costs involved in the transaction.
• Set aside an additional 10-15% of the property value to cover hidden expenses.

Conclusion

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WRITTEN BY CHAMAN LAW FIRM TEAM

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Speak with Chaman Law Firm before taking a step that may affect your rights, property, business, family, or dispute position. You can book a consultation or review the relevant practice area for more context.