HOW TO AVOID BUYING A LAND OR BUILDING WITH A COURT CASE
Imagine paying fully for a nice piece of land, fencing it and then a court bailiff arrives with a court order: Stop work and vacate the land.
Your payment receipt, registered survey plan and even land purchase Agreement (Deed of Conveyance or Assignment) will not save you if there is a court judgment or pending case over that land.
In Nigeria, land can be secretly entangled in court injunctions, foreclosure legal proceedings, ownership claims counterclaim cases and you will not know.
Once a judgment against the seller exists or litigation is pending, any person who pays for the land has thrown away his money.
That low price of the land is because the land seller is offloading a legal problem on unlucky you.
Protect yourself with serious due diligence (investigation) by a Property Lawyer who will run a litigation search at the relevant Court registries using the seller’s name, the land description and any previous owners.
He will also check the Land Registry and official records for cautions, caveats and issues.
When buying land or building, insist on a sale agreement with seller’s warranty and indemnity clause covering undisclosed cases or judgments.
When you hear “the case will soon be settled,” run without looking back.
Until the Supreme Court delivers judgement on the case, avoid the land.
Be careful.
__________________
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