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RE: Buying Land in the South East of Nigeria Part3.
This is such an insightful article on land purchase. I have seen land legal disputes where someone bought land that was simply resold. That is, two persons claiming ownership of the same piece of land. I think that is because the second buyer did not do proper investigation to determine real ownership. So in a case where a seller fraudulently sold land to two buyers, what is the position of the law in this regard sir? @chikaeli
In such a case title is being disputed. The parties, ie, the original buyer, the second buyer and the reseller would be parties in the suit. At the trial it is only through credible evidence aduced by the parties that court can settle issue of title. It is important to bite that there are circumstances surrounding the case which might be vital in resolving it much of which have been discussed above. If the initial did the property things such as confirming sellers title, paying the proper price taking possession and going ahead to perfect the transaction the at the land office which is enough constructive notice to the second buyer he is most likely going to defeat the second buyer and the vendor. The law gives the initial buyer right to challenge the sale.
There is a question about the legal effect of delay in registration of the document if title. My answer is that it has consequences if it is undeveloped there won't be any sign to a third party being led to rebuy it. The essense of immediate registration it to give subsequent buyers notice that the land is not available for sale. Notice helps to ascertain the status of the land. Mere registration is notice to the whole world. .There are circumstances that could save the situation. After payment if the price and taking possession of the land ensure you leave something on the land which could warn off or indicate that the person reselling might not be the owner. You can raise fence or dwarf wall, tip sand and gravel, raise angle blocks on the four corners of the land, park blocks on it, plant survey beacons, These are evidence of acts of possession and they are red flags and will tell the subsequent buyer not to. Evidence of them would assist the previous buyer
Always register immediately to avoid litigation inconveniences
Always register immediately to avoid litigation inconveniences
Always register immediately to avoid litigation inconveniences