LAND FRAUD ”SCAMMING THE SCAMMERS”

 

Land is a most prized resource in any society and its ownership confers on the holder a variety of benefits such as improved returns on investment over time, asset accumulation, guarantee for loans acquisition, industrial development, and legacy for one’s family and relations upon the death of the owner, as the wise Solomon reminds us “a good man leaves inheritance for his Children’s children” (Proverbs 13:22).

 

Margaret Mitchell in her poem ‘Gerald O’ Hara-With the Wind’ underscores the importance of land as she describes it thus:  “The land is the only thing in the world worth working for, worth fighting for, worth dying for, because it’s the only thing that last”

 

In Nigeria like most developing economies, the acquisition and ownership of land is replete with a lot of intrigues, which can only be avoided with the consultation of an expert in land acquisition and more preferably a property lawyer, with a rich background and history of investigation of land title, documentation and registration with relevant government agencies and departments.

 

Methods Employed By Fraudsters in Land Dealings in Nigeria.

In a bid to scam unsuspecting and innocent would -be purchasers of land, fraudsters employ a variety of modus operandi, which can only be detected with a careful and thorough professional analysis of the claims of such fraudsters.  Some of the methods are as discussed below:

1. Presentation of Fake Landed Documents: It is a common practice, that some would -be purchasers of land or properties in Nigeria, are easily tricked into believing that title in a property resides with the one, who is able to present some document evidencing such ownership. Fraudsters are aware of this position and have devised unorthodox means of producing such documents, with a view to deceiving the purchaser of such property.
2. Refusal to Disclose latent and patent defect in the Property: There are instances where it might be true that the vendor who intends to sell the property or land is the owner in the true sense of word, save that there exist some latent defects which has legally clogged his legal capacity to transfer the property as at the time of the transaction. Latent defect in this context refers to defects in the title to land, which are not easily seen or noticed, except and upon proper verification and professional enquiry. Examples of such defects includes but not limited to: property subject of mortgage transactions, land subject of a suit (doctrine of lis pendes), property with a clause for non-transferability etc. We shall briefly discuss these defects to illuminate on them.
3. Property Subject of Mortage: it is a well settled principle of law, that once a legal mortgage is created, the mortgagee becomes the legal owner of the said property, even though the mortgagor may be left in possession. This is the position of the Supreme Court in a plethora of decisions. In Adetono .v. Zenith Bank Plc. (2011)LPELR-SC 78/2007 at ratio 10 where the court posited thus: “It is settled that by a legal mortgage the mortgagee becomes the legal owner of the property although the mortgagor may be left in actual possession/occupation of the mortgaged property but because the mortgagee is entitled to enter into possession immediately upon the execution of the mortgage he has a right to immediate possession. In this position the mortgagee wields enormous rights over the mortgaged property.

 

In essence what a mortgagor possesses are his equity of redemption and right to redeem the property.

1. Doctrine of lis pendes: There are a plethora of law suits involving land in many parts of Nigeria especially in commercial cities such as Lagos, Abuja etc. it is therefore very unlikely that the fraudulent vendor who intends to sell off his land, would disclose the fact that a law suit has been initiated contesting the title of the property. In simple terms, the purchaser of such a property has simply bought a law suit. The court has held in Yaro ,v, Arewa Construction  Ltd. & Ors. (1998) 7 NWLR (Pt. 558) 368 at ratio 8 thus Any purchaser of a pendente lite does so at his or her own risk.” PER KUTIGI J.S.C.
2. Non-Transferability Clause: it is also a possibility especially for properties acquired by property developers to include a non-transferability clause in the agreement, to the extent that where a purchaser intends to re-sell, he must seek the consent of the property developers, failure to seek such consent could pose a legal challenge.

 

iii.      Sale of Properties at Ridiculously Low-Prices: One major tactics which land fraudsters do employ is the offer of land at a ‘too-good-to be true’ price, which has the ability to conjure an undiscerning mind into jumping at such offer. There is therefore the need to be more prudent and pro-active when such offers are presented.

1. Sale of a parcel of Land to more than one person: There is also a common trend of fraudsters who sell land to more than one purchaser. The effect of this is at law is that the latter loses his right over the land as the vendor having transferred his title to the first purchaser is bereft of capacity to transfer same to another. This aligns with the legal principle ‘nemo dat quod non habet’-You cannot give what you do not have.

Read also; Anti-Land Grabbing Law of Lagos State: A Legislative Frame Work to Enhance Investment Returns 

Land Issues That Can Get You In BIG TROUBLE!

 

How to Scam the Scammers.

The sure-bet modus with which you can scam the scammers is that in dealing with a proposed vendor. It is very and most appropriate that you consult a property lawyer, to seek pre-purchase legal advice.

Most persons in Nigeria make the avoidable mistakes of consulting a lawyer when and only they discover that they have been defrauded. This is most inappropriate as the cost of defending such suits are enormous besides the trauma that goes with such litigations.

 

The services which a lawyer would render as to enable you scam the scammers includes but not limited to:

1. Verification of the Title of the Vendor: the property lawyer is well positioned to deploying his legal tact, to spot and identify the true title or ownership of the parcel of land.
2. Search for Legal/latent Defects in Property: it would be a smart decision, that professional assistance is sought to spot legal bottle-necks which would clog the acquisition of genuine title to the property. These latent defects are such that are not easily seen by anyone, except on proper probing and enquiry.

iii.      Preparation of Title Documents: The legal practitioner is empowered by virtue of Section 22(1) d of the Legal Practitioners Act and grants exclusively to the legal practitioner, the right to prepare land deeds and other similar instruments for a fee. It is a criminal offence for a non-lawyer to assume the position as highlighted above and it is punishable with imprisonment not exceeding two (2) years upon conviction.

1. Registration: The essence of registration of title to land, apart from it being a legal requirement for the processing of a Certificate of Occupancy issued by the Governor of a state, gives to the public facts of ownership of a certain property, which facts are accessible upon proper search at relevant government agencies. In some states such as Lagos State, there exist a law i.e the Registration of Titles Law 2003, which makes it compulsory to register land/properties which are domiciled in areas designated as registrable districts. The lawyer can assist in these regard.
2. Processing of a Certificate of Occupancy: a certificate of occupancy also known as C. of O. is issued to a land owner, who has fulfilled all legal requirements by the governor in line with the Land Use Act. A holder of a C. of O is presumed to be the holder of the property, until defeated by a superior title. It is appropriate that a property lawyer is consulted in packaging this application in a seamless manner.

 

At this juncture it is important to draw attention to the fact, that though it has been recommended and strongly so, that the surest way to avoid being scammed by land fraudsters is to consult a lawyer; suffice to add that the fact of being a lawyer alone does not immune the lawyer and his client from falling victim, if due diligence is not observed in pre-sale inquiry and probe.

 

This is reasonably so, as the lawyer in the course of investigation of title has to contend with other professionals such as Surveyors, Estate Valuers and would have to place reliance on some non-formal medium of investigation.  It is thus the recommendation of this writer, that in the choice of a lawyer, it is better to chop for one who is in the ‘field’ with a lot of experience, which can be deployed to achieve the desired result.

 

CONCLUSION:

While it is the intent of the writer to illuminate on issues that involve land scams in Nigeria, one is not mindful of the fact that there exist a plethora of genuine and authentic land vendors, with which one can peacefully and safely deal with. It is however of utmost importance that a professional legal advice is sought, with the aim of detecting land scams and pointing the purchaser to the direction of genuine land transactions.