By Ademola Ajao
SURVEYOR Komolafe Abimbola, lead speaker at the University of Ibadan Senior Staff Club Discussion Panel, has advised prospective land buyers to verify the location, ownership and legal status of land before making payments to avoid falling victim to fraudulent transactions.
He gave the advice on Wednesday at a programme organised by the University of Ibadan Senior Staff Club in collaboration with Diamond 101.1 FM and UITV. The programme, held at the University of Ibadan Senior Staff Club, was tagged ‘Who Owns the Land? (Part 2): Land Documentation and Eventual Ownership’.
Abimbola urged prospective land buyers to engage qualified surveyors and conduct proper searches to establish the authenticity of land documents.
He warned that a survey plan presented by a seller might not accurately represent the land being offered for sale, noting that some unscrupulous individuals could use documents relating to a different location to market another property.
He further explained that obtaining the geographical coordinates of a property and confirming its physical location were essential steps in the land-buying process.
Buyers were also advised to investigate the ownership history of a property and determine whether it was free from government acquisition, competing claims or other legal encumbrances before proceeding with a transaction.
On land documentation, Abimbola identified several documents relevant to establishing or transferring land ownership, including Certificates of Occupancy (C of O), registered deeds, registered conveyances, court judgments, survey plans, excision documents, deeds of transfer and powers of attorney.
He emphasised that each document served a specific purpose and needed to be properly verified to establish its validity and legal effect.
The discussion also highlighted the importance of gazettes and excision in land administration. Abimbola explained that gazettes and excision records could help establish the status of land released or recognised for a community or family. He urged prospective buyers to confirm the relevant records with the appropriate government authorities.
The surveyor further cautioned buyers against assuming that a family receipt, purchase receipt or survey plan alone guaranteed ownership.
He explained that other documents, including registered titles and court judgments, could provide evidence of ownership or legal rights, depending on the circumstances and the validity of the records.
Buyers were therefore advised to seek professional legal and surveying assistance before committing their money to a land transaction.
Emphasising the importance of proper documentation, Abimbola urged parties to pay close attention to the dates on land transaction documents, warning that errors or inconsistencies could have serious legal consequences.
He maintained that thorough verification, accurate documentation and professional guidance remained critical to protecting investments and reducing disputes in the real estate sector.
Land Use Act Does Not Guarantee Absolute Ownership — Olaniyan
Speaking on the topic, ‘How the Land Use Act Does Not Guarantee Absolute Ownership’, Adeshina Olaniyan, Esq., clarified that the Land Use Act of 1978 did not make state governors the absolute owners of land but vested land in them to hold in trust for the benefit of all Nigerians.
He stressed the need for prospective property buyers to understand the legal framework governing land ownership and conduct thorough investigations before purchasing land.
Explaining the legal framework, Olaniyan noted that Section 1 of the Land Use Act placed all land in each state under the control and management of the governor, who was expected to administer it in the public interest.
He also noted that individuals with existing interests in land retained rights recognised under the Act, while rights of occupancy could be evidenced by a Certificate of Occupancy, subject to applicable conditions, including ground rent and other statutory obligations.
Olaniyan emphasised the importance of due diligence in real estate transactions, urging buyers to engage qualified lawyers and registered surveyors to verify land ownership, boundaries, designated use and possible government acquisition.
He noted that lawyers had a professional responsibility to protect their clients’ interests, warning that failure to conduct adequate checks could expose them to allegations of professional negligence and possible legal action.
The legal expert further cautioned that possession of a Certificate of Occupancy did not automatically establish an unquestionable title to land, as certificates could be issued erroneously or conflict with earlier interests.
He observed that the absence of a comprehensive, centralised land records system could complicate ownership verification and contribute to disputes involving multiple claims to the same property.
On competing claims, Olaniyan explained that the principle of priority of interest could become relevant in determining which party had the stronger legal claim, depending on the facts and applicable law.
Citing judicial precedents, he called for stricter adherence to legal procedures and professional standards, urging prospective buyers to verify all relevant records before committing funds to land transactions.
Olapegba Shares Experience with Land Disputes
The incoming Vice-Chancellor of the University of Ibadan, Professor Peter Olapegba, spoke on the topic, ‘Challenges in Land Ownership and Disputes’.
He shared a personal account of land ownership disputes and legal challenges he encountered during a real estate investment, highlighting the problem of competing claims to land.
Olapegba recounted how a third party laid claim to the property during the development phase, despite the steps he had taken in the course of the transaction.
He noted that land disputes often resulted in prolonged court battles and uncertainty over property rights.
The professor expressed frustration over the experience, explaining that even after following the necessary procedures, he faced claims from individuals who asserted ownership of the land after construction work had commenced.
His account underscored the challenges prospective property owners could face when land ownership records, claims and boundaries were not adequately verified before transactions and development activities began.
