The least thing that one expects after parting with money to invest in a land/property, is to be faced with unnecessary and unavoidable court litigations with respect to the Property. This is understandably so, as litigations is quite expensive and in Nigeria, effort to speed up the administration of justice has not yet yielded the much desired result.

One common headache faced by some persons who invest in landed properties, is the practice by some land vendors who having conveyed their land to a Buyer, would fraudulently go ahead and sell same to another unsuspecting buyer, thus creating confusion for everyone involved in that transaction.

The start point of this discourse is to assert that at law, it is fraudulent to knowingly sell the same property sold to another to another buyer. This is premised on the legal principle: “nemo dat quod non habet’ which means you cannot give what you do not have. It thus makes a lot of sense that having sold your interest in that land or house, you no longer own that property to be sold to another. Does it makes sense/ I think so.

When a buyer finds himself in this web and is caught up by it, should show compassion and empathy? Is this an avoidable web which could have been averted by sheer prudence and wisdom? The answer is in the affirmative. A prudent purchaser of land would not wait till he is caught in the web of fraud, before running to see his lawyer. This whole mess would have been avoided if a lawyer is involved from day one to help conduct proper search and enquiry.

Legal Effect of Land Sold to Two Different Buyers by the Same Vendor

The focus of this discourse under this sub-head is not to explore on the criminality of the act of the vendor, as has been asserted, it is a criminal act for which he could be prosecuted by the prosecutorial authorities accordingly. Our interest rather is to draw attention to the type of interest held or owned by the ‘two buyers’ in respect of the same property.

The guiding legal principle in this type of transaction is summed up in the Latin phrase: ‘quo prior est tempore, potior est jure’ which means the first in time has the strongest title. In other words, where two contending parties in a land dispute derive their title from one common vendor or seller, the first in time takes priority. For ease of clarity, the legal effect of this type of transaction is highlighted below:

• The first person to buy the land from the vendor has a better time and he is entitled to retain the land or property.
• The second seller bought nothing because as at the time of purchase, the land or property was not available for sale, having been bought by the first buyer.
• However, the first buyer to register his title at the Land’s registry would have priority of recognition by government and at law. Thus it is not enough that you are the first buyer, you must equally immediately consult a lawyer to assist you perfect that title by registering same at the relevant Government’s agency
• The only remedy for the first buyer in the situation painted above
• is if he is able to show that he entered possession of the land immediately after the purchase.

How to Avoid Being Caught in This Web

The interest of this blog is to assist you from being defrauded by uncanny land owners and from investing your hard-earned money in properties which have been transfer to another. The under-listed tips

• Pre-sale search and inquiry: It is very important to ask preliminary questions as to the status of the property, possession of the property etc.
• The second steps would be to consult a lawyer, vast in property matter who will then assist in conducting legal search as to determine the current status of the property.
• Execution of Deeds: The lawyer in preparing the deed might insert a clause to the effect that the vendor has valid title to transfer the land and should that turns out to be false, the vendor shall reimburse the vendor with interest, for whatever inconvenience that might result.
• Registration of Title Documents: Registration of your Deeds and other documents evidencing the land transactions.
• Application for Statutory Right of Occupancy: By virtue of section 5(2) of the Land use Act, where there is a grant of a Certificate of Occupancy, all other rights ceases, where there are competing equal interest.

CONCLUSION

The law as it is said aids the vigilant and not the indolent. The effect of this is that, any buyer of land or real estate who refuses to engage a property lawyer, to do proper inquiry and search and eventually falls into the web of the callous vendor, would have himself or herself to blame.

It is thus the professional advice of this writer, that the issue discussed here are prevalent in our society. It is thus advised to consult a legal practitioner to help do necessary inquiry before parting with your money.

 Do not hesitate to email or call (+2348034869295  [email protected]) us if you have any concern relating to the subject matter or you want us to conduct a due diligence/verification on your property.

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