[REIC 2019-05] Valid Ownership Documents Can Protect You from Property Thieves (TRUE STORY: How a Survey Plan Helped My Friend Win Court Verdict Against a New Buyer Encroaching On His Land) –  LanreKarim.com

Monday 15th July 2019

This week I share with you a true story, about a client of mine that illustrates a good example of why you must never be careless about getting all needed documentation to prove your ownership of real Estate you purchase.

In line with my stated mission to inform and educate you about real Estate Investment, I begin by providing an overview of one of the important documents you need – the Survey Plan, which is prepared by Surveyors, via a process called Surveying.

You should ensure you get it prepared for you, by competent, and qualified professionals that you confirm are registered with and recognized by the relevant body.

So what does SURVEYING mean, or entail exactly?

The Merriam Webster dictionary defines it as

“a branch of applied mathematics that is concerned with determining the area of any portion of the earth’s surface, the lengths and directions of the bounding lines, and the contour of the surface and with accurately delineating the whole on paper.”

Now, applying the above definition for use in the field of Civil Engineering (where Surveyors operate) it’s described as:

“the process of analyzing and recording the characteristics of a land area span to help design a plan or map for construction.”

As earlier noted, the professionals who carry out surveying are commonly referred to as  Surveyors – and tools/equipment they use to get their work done efficiently include (but are not limited to) the following:

1. Total stations
2. GPS
3. 3D Scanners
4. Radios etc

Incidentally, Surveying is actually an ancient profession that dates back to between 2500-2700 B.C, originating – you may be surprised to learn from North Africa – precisely ancient Egypt!

Historical records/evidence indicate that during the construction of the great pyramids of Egypt and other famous landmarks the Egyptians innovated practical techniques for accurately measuring the boundaries of lands and structures In their environment.

In similar fashion, we are told in historical documents that the Romans in ancient times, also devised methods of carrying out measurement of boundaries, to aid their building efforts.

Most of the devises and tools used are today obsolete – but they served useful purposes back then.

Some of those ancient instruments used during the above mentioned early civilizations included the following:

1. Rope stretchers
2. Gaunters chains,
3. Theodolite (which is still in use today, though in an advanced form).

The Romans and the Greeks reportedly left remarkable footprints in the field of survey over many generations.

In particular we are told that the Greeks specially pioneered the art of geometry – which is today a cardinal aspect of surveying globally.

Having given you the above educational overview about Surveying’s origins in Egypt, Greece etc, and how it has evolved till date, let’s now turn our attention back to its practice in Nigeria – which of course is this article’s focus market.

Surveying has been in practice here on a formal basis for decades, playing a pivotal role in development of the real estate industry.

Its early development can be traced to the year 1934, when a body for practitioners was formally established and registered as “Licensed Surveyors Association”.

Later on the body’s name was changed to “Land Surveyors Organization of Nigeria” under the leadership of its foremost member Surveyor C.T Olumide.

Eventually, it underwent one final name change to “Nigeria Institution of Surveyors” in 1966. [Lanre, can you check – I thought it was  “Nigeria Institute of Surveyors”]

The institute is an umbrella body for all registered surveyors in the country, authorized to carry out survey related activities i.e. regulations, implementation etc.

Following the creation of Lagos State in 1967, the Surveyors General’s Office in Lagos state was established.

Since then, that department has played key roles in development of real estate in the city – and the state. Initially, it was under the Ministry of Works and Planning. The name was changed on several occasions, under different state government dispensations.

Reliable records indicate that the ministry under which it operated was eventually transformed into the Ministry of Economic Planning and Land Matters. This happened during tenure of Alhaji Lateef Jakande, as State Governor.

Following the creation of the Lands Bureau, the department was renamed The Office of the Surveyor General.

And it finally metamorphosed into what is today called the Office of The State Surveyor General, during the reign of the immediate past Governor of Lagos State Ambode Akinwunmi.

As you can see, this department’s relevance to succeeding governments is reflected in the long history of its evolution in name and form under each regime. Unlike other sections which became defunct the Surveying function has always been given priority attention – reflecting the importance that government attaches to its regulation.

This is why you as a land buyer or owner who do not have valid Survey documents need to do everything legally necessary to get them, so as to save yourself from unforeseen conflicts with neigbours and even government itself!

To drive home this message, I will now share the true story about such a conflict that occurred, just last year (2018) between a friend of mine and his neighbour – who had encroached on my friend’s land, carving out a portion for himself!

Of course my friend sued the man and the case was heard at Epe High Court – and as fate would have it, I had the Power of Attorney to stand in on his behalf, due to his absence (he is based in England).

He had bought the land through his Aunt several years earlier and all necessary documentation had been prepared and kept – even though the land was not fenced.

Now, it turned out that the same man who had sold the land to my friend was the one who had also sold it to the neighbour, but included an area that was part of my friend’s plot.

He then instructed the new buyer to quickly erect a fence within weeks, around the allocated area, obviously counting on the fact that my friend was based abroad and had not yet fenced his plot.

What he did not realize was that the owner, upon purchase, had wisely commenced procedures for obtaining all needed ownership documents through his Aunt who was based here in Nigeria.

As a result, when this dispute occurred about encroachment by the new buyer, my friend simply called me from England, got a lawyer to represent him before the judge and we headed to court.

To cut the long story short (It’s actually a very long one), the summary of it all is that my friend won the case – because he showed proof of a Survey Plan already in place, which clearly revealed he owned that small portion of land encroached upon by the neighbour.

As would be expected, the loser was sad – and started a very big quarrel with the man who wrongly sold the land to him while still in my presence.

In a bid to avoid losing out completely, the man approached us, pleading for leniency – and requesting to get around the court verdict by making whatever amount of money was due.

We eventually reached an agreement and he paid the sum of 3.5M.

It goes without saying that the lesson to take away from the above story is obvious.

Therefore it is in your best interest never to make the mistake of taking for granted documents like Survey, Deed Of Assignment etc. I cannot stress this enough!

They can be your literal savior at any time, should a dispute occur – and that is in addition to the fact that they are considered by the state to be a legal requirement.

Finally, let me end with the outline below of key benefits from having a Survey Plan prepared.

IMPORTANCE OF SURVEYING TO REAL ESTATE.

1. It determines the topography of the earth’s surface, and aids drawing on the map. This means you will be able to identify the beginning and the end of your plot of land, size etc visually on paper.
2. It enables you to identify the boundary lines to ensure you have not encroached upon your neighbours land. thus, avoiding conflict.
3. It aids in charting of land at the Office of The State Surveyor General to ascertain whether or not your plot of land falls within government acquisition.
4. It’s a prerequisite to processing the C of O, and the Governors Consent.
5. It furnishes the surveyor with adequate data to prepare an explicit layout plan for you – as the owner of the land.
6. In general, with a survey plan, one can easily identify the boundary lines of Communities, Nations, Regions and Continents.

PS: If you need help learning more about what you need to know to succeed in Real Estate Investment, read more articles like this at www.lanrekarim.com. To get more help, contact me via [email protected] to book a telephone appointment.

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ABOUT LANRE KARIM

Lanre Karim – Nigeria’s Real Estate Investment Advocate (REIA) – is the author of the Real Estate Investment Chronicles (REIC) : a thought-leading online publication that features tried and tested Real Estate Investment strategies– and solutions – for everyday persons.

He is also the author of the 2 Volume Real Estate Investment Revelations (REIR) book series (on sale in his online store), as well as useful FREE resources like:

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TIP: Visit LanreKarim.com/blog to download them OR better still, simply Email your Full Name, Mobile number, Occupation, Country, and Comments (with the subject “Send Me Download Links”) to lanre at lanrekarim dot com.

Over a decade of hard won experience backed by extensive client testimonies and sales based referrals by satisfied clients, make Lanre Karim’s LREO (Larry Real Estate Organization) a preferred provider – in partnership with Pwanhomes Ltd – of cheap, affordable and dry landed properties, at Ibeju-Lekki, Eleko, and Ahoyaya area of Lagos, Nigeria.

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Our lands are gazetted and also come with excellent titles: C of O, Deed of Assignment, Registered Survey and Layout at a high rate of appreciation. We deliver what we promise: That has been the experience of clients we work with. And that is why our reputation continues to grow. You can have a similar experience if you connect with us. You’d be making no commitments.

Lanre Karim has been advocating self-education for investment in real estate as a strategy for adoption for years. The current difficult socioeconomic times we’re in make Lanre’s message about the multidimensional potential benefits of real estate investment more compelling than ever before.

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