deed – 9japroperty http://9japroperty.com.ng All you need to know about properties Thu, 13 Oct 2016 07:32:58 +0000 en-US hourly 1 https://wordpress.org/?v=5.4.15 TITLE DEED IN REAL ESTATE INVESTMENT http://9japroperty.com.ng/title-deed-real-estate-investment/?utm_source=rss&utm_medium=rss&utm_campaign=title-deed-real-estate-investment http://9japroperty.com.ng/title-deed-real-estate-investment/#respond Thu, 13 Oct 2016 07:32:58 +0000 http://9japroperty.com.ng/?p=5112   A deed, as defined in the dictionary is a signed document pertaining to the ownership or legal rights of landed property. Ownership, legal, rights, property, signed are some of the keywords that stand out here. Like in all other aspects of investment, in real estate business, the seller and buyer must come together, negotiate […]

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A deed, as defined in the dictionary is a signed document pertaining to the ownership or legal rights of landed property. Ownership, legal, rights, property, signed are some of the keywords that stand out here.

Like in all other aspects of investment, in real estate business, the seller and buyer must come together, negotiate and either seal a deal successfully or bail out. This is the first step you must take.

 TITLE DEED IN REAL ESTATE INVESTMENT

What shows you are a landlord or that you have interest in a piece of land are the documents you have on it.

These papers could have been obtained from various government and private agencies like the land bureau, ministry of housing, local, state and federal government agencies, among others

You will agree with me that for you to obtain genuine papers you must follow procedures laid down by the government, real estate firms, professional bodies and all the stake holders involved.

Otherwise, you may end up with a fake title or one with one form of defect or the other.

Documents evidencing title on landed properties are particularly important because land is not a movable asset and like a notable senior friend of mine who also operates within the real estate world will say, land cannot talk.

You cannot buy it and then move it to wherever you consider safe or safer. Also, when your landed transaction enters the legal frame work in Nigeria where there is no freehold land, it cannot really be owned in the real sense of ownership.

You can only have interest in it because the most you can get is clearly defined and restricted to a maximum of 99years lease.

What you therefore can use to represent your interest is the documents that states what interest you have.

Deed can also be defined as a written document for the transfer of land or other real property from one person to another. A writing or instrument under seal, containing some contract or agreement, and which has been delivered by the parties.

This applies to all instruments in writing under seal, whether they relate to the conveyance of lands or to any other matter; a bond, a single bill, an agreement in writing, or any other contract whatever, when reduced to writing which is sealed and delivered, is as much a document as any conveyance of land.

According to www.lectlaw.com, “The formal parts of a deed for the conveyance of land are:

The Premises, which contains all that precedes the habendum, namely, the date, the names and descriptions of the parties, the recitals, the consideration, the receipt of the same, the grant, the full description of the thing granted, and the exceptions, if any.

The Habendum, which states that estate or interest is granted by the title this is sometimes, done in the premises.

The Tenendum, this was formerly used to express the tenure by which the estate granted was to be held; but now that all freehold tenures have been converted…, the tenendum is of no use and it is therefore joined to the habendum under the formula to have and to hold.

The Redendum is that part of the title by which the grantor reserves something to himself out of the thing granted, such as a rent, under the following formula: Yielding and paying.

The Conditions Upon Which The Grant Is Made.

The Warranty, is that part by which the grantor warrants the title to the grantee. This is general when the warrant is against all persons, or special, when it is only against the grantor, his heirs and those claiming under him.

The Covenants, if any, are inserted to oblige the parties, or one of them, to do something beneficial to, or to abstain from something, which if done, might be prejudicial to the other.

The Conclusion, which mentions the execution and the date, either expressly, or by reference to the beginning.”

It is also said that the circumstances necessarily attendant upon a valid document are:

1. It must be written or printed on parchment or paper.

2. There must be sufficient parties.

3. A proper subject-matter which is the object of the grant.

4. A. sufficient consideration.

5. An agreement properly set forth.

6. It must be read, if desired.

7. It must be signed and sealed.

8. It must be delivered.

9. It must be attested by witnesses.

10. It should be properly acknowledged before a competent officer.

In the legal world and when it comes to legal documentations, we have so many type of it.

I will just share a few that we use here as follows;

Contract: this is used to spell out the existence of a contract between two or more parties and the conditions and covenants of the contract.

Assignment: used when assigning the residual of lease tenure to another party

Sublease: used when passing part of the residual lease interest on a property

Gift: used when assigning a property to another party without consideration.

Therefore, my advice here is for you, to seek counseling from lawyers and firms that are versed in the legal technicalities of interpreting this title so you can obtain the appropriate one you need per time.

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What is a Deed of Assignment and the Foolish Risk Your taking for not having a Deed of Assignment for your Land http://9japroperty.com.ng/what-is-a-deed-of-assignment-and-the-foolish-risk-your-taking-for-not-having-a-deed-of-assignment-for-your-land/?utm_source=rss&utm_medium=rss&utm_campaign=what-is-a-deed-of-assignment-and-the-foolish-risk-your-taking-for-not-having-a-deed-of-assignment-for-your-land http://9japroperty.com.ng/what-is-a-deed-of-assignment-and-the-foolish-risk-your-taking-for-not-having-a-deed-of-assignment-for-your-land/#respond Wed, 24 Jun 2015 13:45:41 +0000 http://9japroperty.com.ng/?p=3309 A deed of Assignment is one of the most important documents YOU MUST HAVE when you conclude a Land Transaction. In fact it baffles me that 6 out of 10 people I know who have bought lands in the past have no deed of assignment. They are always the first to complain that Omonile has […]

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A deed of Assignment is one of the most important documents YOU MUST HAVE when you conclude a Land Transaction. In fact it baffles me that 6 out of 10 people I know who have bought lands in the past have no deed of assignment. They are always the first to complain that Omonile has defrauded them but they have no proof to show the property has been sold to them other than a receipt.

It’s funny that everyone has the title documents to their car showing who the seller was and how it was transferred from the Seller of that car to you the new owner but when it comes to landed properties which are 10 times more valuable than cars, we fail to ask for this one simple important document that can prove ownership of that land. What then is this all important deed of Assignment I am alluding to? This can be found from the following definitions below:

A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land to that the Seller that has just bought land.

The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller. The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.

A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.

In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance. The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner. Such Key issues include:
Signing a Deed of Assignment and having that Deed is your number 1 evidence against another person that is trying to claim ownership of that same land too. If you have a land and no deed yet, i feel sorry for you! Better consult your Lawyer to go draft one for you now to save yourself future problems

Signing a Deed of Assignment and having that Deed is your number 1 evidence against another person that is trying to claim ownership of that same land too. If you have a land and no deed yet, i feel sorry for you! Better consult your Lawyer to go draft one for you now to save yourself future problems

1. The Parties’ to the Agreement e.g between Mr A and Mrs K

2. The addresses of both parties and how it is binding on their successors, friends, colleagues and those representing them in any capacity.

3. The history of the land in question how it was first obtained down to the moment its about to be sold including and documents it previously had till this date

4. The agreed cost of the land and the willingness of the Seller to finally accept that price paid for the land

5. The description and size of the land to be transferred.

6. The covenants or promises both parties choose to undertake to perfect the transfer of the document

7. The signature of the parties to the Assignment and Witnesses to the Transaction

8. Finally the section for the Commissioner of Oaths or Governors Consent to sign and validate the agreement.

These are the important features of a Deed of Assignment and must be included in all Documents for it to be valid.

Don’t listen to any Omonile who tells you he doesn’t or the family doesn’t sign a deed of assignment and that it is only a receipt you need. He is only looking for a way to resell your land to another person and to use receipt as a ploy to prevent you from establishing true ownership of your land.

Always consult a property lawyer before you buy a land to help prepare a deed of assignment. It will be your greatest mistake if you don’t have one.

Below is a sample deed of assignment and how it looks so that you don’t fall victim of land swindlers .

Always consult with a lawyer before entering a legal contract.

omonilelawyer.com

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