WHEN BUYING LAND OR HOUSE, DEMAND FOR DOCUMENT CONFERRING OWNERSHIP WHERE THE OWNER IS DEAD

WHEN BUYING LAND OR HOUSE, DEMAND FOR DOCUMENT CONFERRING OWNERSHIP WHERE THE OWNER IS DEAD

Where the owner of the land or house you are interested in buying is late, always insist on a document that transfers ownership to the vendor.

There are a number of documents that transfer ownership of the land of a dead person on a living person. They are letters of administration from the probate registry of a court, vesting assent (document of sharing from the court) or orders of court in a judgment delivered.

The title document in the name of the dead owner is not a proper document to be relied on by a buyer seeking to buy land or house.

The transfer of ownership to a buyer must arise from a valid ownership document, even when the person seeking to sell is a wife, son, daughter, sibling or such other relative of the late owner.

Relying on the late vendor’s document does not cut it. It is an error that should be avoided. The person seeking to sell can only sign in his own name and not in the name of the dead vendor, and that would leave an unwanted discrepancy in the purchase.

If you don’t buy from the real owner who has a verifiable proof of ownership, then you have bought nothing. You cannot place something on nothing and expect it to stay there; it will fall. Nobody can validly sell as his own that which is not his own.

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