HOW LAND/BUILDING ARE BOUGHT USING IRREVOCABLE POWER OF ATTORNEY

HOW LAND/BUILDING ARE BOUGHT USING IRREVOCABLE POWER OF ATTORNEY

In Eastern Nigeria and some parts of South South Nigeria, land is bought using an Irrevocable Power of Attorney, but it is not a common standard.

For example, in Rivers State, it is not used.
Unlike the usual power of attorney that can be cancelled, this one is designed to be permanent.

It is commonly used to transfer authority to another person to do with a land or building whatever he feels like.

So instead of signing a Deed of Conveyance or Deed of Assignment, the seller gives the buyer an irrevocable power of attorney, authorizing the buyer to manage or sell.

In practice, it serves as proof of ownership transfer.

In the eyes of the law, an irrevocable power of attorney does not carry the same finality as a Deed of Conveyance or Deed of Assignment.

The Eastern authorities recognize it but the Courts and Property Lawyers warn that relying solely on it can create disputes later, especially if the seller’s family challenges the transaction.

Once a seller signs an irrevocable power of attorney, he cannot withdraw it. So a land buyer is advised to get an experienced Property Lawyer to prepare a comprehensive irrevocable power of attorney with a registered Survey Plan attached.

Used correctly, it can secure land transactions; used carelessly, it can fuel endless issues.

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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate/Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

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