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IMPORTANCE OF DOCUMENTATION ESPECIALLY IN LAND TRANSACTION.

I am sure all will agree with me that Documentation is the backbone not just in legal process, but in all business transaction. As a legal practitioner, I am a big believer of documentation not just for record purpose but because it serves as very strong evidence either in court or anywhere it may be tendered. Many people have gotten into trouble and have served jail terms because of evading documentation. Some others have lost huge land and monetary investment also because of wrong documentation.

In my years of experience, I have experienced and seen lots of sad cases. Cases that would have been won but were struck out because there was no documentary evidence in support of a fact. In law, not all oral evidence can support a fact, except with the aid of corroborative testimony through documentary evidence. Example is where a claimant in a defamation case testifies against the defendant for slanderous publication against him, such claimant is required to tender a documentary evidence (a publication) supporting his claim of the slanderous publication. Likewise in a land dispute, where both parties in dispute claims title over a particular land, either party will have to tender all necessary documents in supporting their claims. For example, each party will have to tender a receipt of purchase or evidence of payment, Deed of Assignment, correspondences, e.t.c.  Any party who can not avail some of these document may lost the case even though he is the rightful owner.

It is therefore important to make sure you keep all documents that contain details of payments, receipts, credit purchases and sales, assets and liabilities. If you are unable to obtain a receipt for an expense, make a note then record the details.

I will like to share a personal experience with you. Just recently I facilitated a land transaction for a client. An agent who is also my friend referred this client to me to help with the document perfection of the land which he just acquired from my agent friend. This client called me, with an offer to assist with his perfection of land documentation. I accepted verbally but insisted that he would have to forward a formal letter stating his request to me doing his documentation before I could start work. He did this and I replied acknowledging his request, with several requirements and my Legal Fee. Along with these requirements was a clause insisting that all transactions between both of us must be documented which he agreed to when he gave me his consent to commence with work. As paper work commenced, I kept proper documentation of all transaction between us. It was a huge transaction involving a whole lot of money, it took my team and me about two tedious weeks to secure and execute all the land documents. After the title to the land has been investigated, a deed of transfer of property has been done and executed, and money has exchanged hands from my client to the buyer, it was then time for me to be paid my legal fee. I requested for my legal fee from this client, and all of a sudden it became strange to him. He claimed that he had the notion that I was working with the agent and assumed that since the agent had collected his agency fee, I was also settled. I immediately referred to all the documentations and mails between us and demanded on this ground to be paid my legal fee without delay. I want to believe that you all know what would have happened to my legal fee if there were no printable documentary evidence.

Everyone in business must keep records. Keeping good records is very important to your business. There is no law stating specifically how records are to be kept. All that is required is for you to have it in writing for evidence sake.

Proper documentation helps achieve an accurate record with clients and aids continuity of case management. It also helps in aiding memory as over time, it can be difficult to recollect specifics of each case. It gives credibility especially when one is to present it as evidence for a fact.

Documentations are important for future purpose. Be careful with them.

For further assistance, explanation, or consultation on this subject matter or any other land/property related issues, do not hesitate to contact me via [email protected] or Call 08034869295.



This post first appeared on LAND ISSUES THAT CAN GET YOU INTO BIG TROUBLE PT 2, please read the originial post: here

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IMPORTANCE OF DOCUMENTATION ESPECIALLY IN LAND TRANSACTION.

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