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For your land verification by our Real Estate Lawyer and to buy affordable Lands/Houses in Abuja, Lagos, PortHarcourt, Kano, etc. Call us now: +2347037555949
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Tuesday, July 5, 2016

12 Basic Things You Should Know Before Buying Land From The Omoniles

12 Basic Things You Should Know Before Buying Land From The Omoniles

The term Omoniles means the traditional land owners. These omoniles are mostly feared because of the many havoc they had caused to real estate investors. These set of people never bothered if the day suddenly turns into night whenever they’re on rampage.

The omoniles antics includes selling a single landed property to multiple buyers, reselling of already sold land to another buyer after discovering that the land has appreciate in value and relocating the previous buyer to a more distant place, collection of taxes and fines on land already sold, selling of dispute land to buyers etc.

Recently, Lagos state government has made moves to find a lasting solution to curb the criminal activities of these unscrupulous elements called Omo Onile on commercial activities because of the nuisances and threats they pose to the peace of the citizenry and investors. The state government has taken it upon itself to enforce its rights over land in Lagos and to also to work with all security agencies to implement state government and private property rights in the state.

But before these laws will be put in place, here are 10 basic things you need to know about the Land grabbers (Omoniles) before commiting your hard earn money into their hands.

1. Just like you and I, the Omoniles are human beings with flesh and blood running in their veins and therefore should not be feared. Rather, you should strive to understand them and what makes them tick. By so doing you would understand them and know how to deal with them.

2. Omoniles and the love for money go hands in hands. All omoniles are totally money driven and materialistic. If you have the money you would forever be their master.

3. Because the omoniles are closed to land and traditional communities they love reverence.

4. When Omoniles sale land to you, they never thought of keeping any for the future. The next thing on their mind is to marry more wives and bear as many children as possible.

5. If you bought land from Omoniles please keep some money aside because they are still going to come back to you after lavishing the money they got from the land sales on parties and fun fairs.

6. If the above occurs, they become militants and will find a way of extorting money from you.

7. For Every troubles omoniles makes, they sometimes get less because of their complex family structure.

8. When dealing with omoniles, try to show to them that you’re one of them. Play with them, mingle with them and if possible eat with them.

9. When dealing with Omoniles, don’t deal with the father alone; make sure you carry the children along as problems with omo oniles start whenever the head of the family dies.

10. When dealing with Omoniles understand and identify the power brokers (Obas, Baales,) within the family.

11. When dealing with Omoniles ask enough questions as possible so as to save yourself enough trouble in the future.

12. When making payments, make sure you documents the whole process. Take pictures with the people involve, writes down your agreements, do video recordings and collect receipts.

Please note that if we start talking about the omoniles and the ways they operate we won't leave here today. This few point were just to guide your steps so that you won't fall victim of land scam.
 

Monday, June 13, 2016

Must Known: 10 Commandments Of Buying Land In Nigeria

 Must Known: 10 Commandments Of Buying Land In Nigeria

Everyday thousands of Nigerians at home and abroad hope to buy lands in Nigeria, more especially in popular cities such as Lagos, Abuja, Port Harcourt, Abeokuta, Ibadan, etc but the common reoccurring theme that filters through their minds is how to safeguard their money so that they won’t be duped or lose their lands coupled with the terrifying stories that normally accompany the smooth transfer of these lands because of the prevalent nature of Land Scam artists and dubious Real Estate companies that specialize in defrauding prospective land purchasers.

With this in mind, I have drawn up 10 Land Purchasing Commandments for any Prospective new Land Buyer that must be strictly followed by anyone who intends to purchase a property in Nigeria more especially in Lagos so as to prevent Land fraudsters from duping them off their hard earned money and losing their lands to Unscrupulous people.
1. Thou Shalt have a Budget:
The No.1 cardinal sin of most intending buyers is not having a budget before they set out to buy a land. No matter the amount you have saved in your bank account, always take the time to research the other fees that are usually associated with buying a land and they come in these form. a. Legal fees 5% of the cost of the land b. Agency Fees 5-10% of the cost of the land c. Survey Plan (usually about N100,000-N300,000) depending on the location of the land and state. d. Cost of signing the documents by land owners (A very strange tradition in Lagos but nonetheless something you cannot escape paying) e. Cost of putting up a fence to secure your land immediately you purchase it f. Cost of perfecting your documents with the Government at the Land Registry such as a C of O, Governors Consent, Ratification fees, Survey Land information, etc. Once you have done the maths to know all these hidden fees that are associated with buying a land, it will adequately guide you on the location and type of land that would suit your pocket.
2. Thou Shalt not buy a Land without demanding for the Documents that the Owner(s) Possess: Honestly it baffles me when people call me to tell me that they are in one deep problem or the other because they bought lands without knowing the documents the Seller possessed and because of this horrible mistake, they are afraid that these Land Grabbers will attempt to take over their lands or they will get a notice from the Land Bureau Office that they are encroaching on illegal government lands and they must vacate. To me it’s like attempting to buy a car from an auto dealer or independent seller without asking him to show you his driving licence and car papers? You know what will happen to you when you are caught driving without proof of ownership from the previous seller. The same rule applies to buying a land. Anybody trying to transfer land or property to you must show you the documents he executed with the previous owner so as to show proof of Ownership or else anything you are buying from him is a stolen property and it’s as simple as that. I hear daft stories like, “Oh, it’s my Aunty that is selling the land and I know her or it’s my Colleague at work selling the land so I just paid money into their account because I know them previously”. Really!!! Husband and Wives draw up wills, Parents document gifts they give to their children, why then would you just pay for a land to a non-blood relative because you know them previously. For those of you intending to do something like this soon, please stop it because you might be buying a problematic land that has no proof of ownership previously and when something goes wrong, there would be no evidence to back up your claims that you bought it legally without any issue.
3. Thou Shalt Carry Out a Proper Land Verification Search: Ultimately Commandment 2 leads to Commandment 3 Unequivocally. Do not buy any land without performing a Land Check on the Owner, the Land and the Documents the Seller possesses. There are so many things to cross reference at this stage that is why you must take your time and be patient because it is your money that is at stake not the seller or Agent’s money. If you fail to take this step, then you would be left alone to wallow in your own self pity and misery because the seller would be long gone with your money. Do not let the occasional grumblings from sellers or agents weigh you down or push you to do something rash such as “A lot of people are rushing this land and if you don’t pay now, the land may be gone” etc. Don’t listen to them. The land was there before you decided to pay interest in acquiring it and it would still be there after you do your search. Some sellers and agents are just eager to line up their pockets with your money so they throw you that line to you to scare you. The reasons you must do the search is because you must verify the owner, how he got the land previously, why he wants to sell, what is prompting him to sell whether there is any dispute or litigation and he wants to shift the burden to you or he has bought a very bad land and wants to dispose it quickly before the problem manifests into something bigger or he has wayward and unreliable documents that do not confer title or ownership to him, so he is looking for the nearest fool or unsuspecting buyer to pass that problem to. Also you will have to investigate the land to know whether it’s genuinely a good land, a land that isn’t under government acquisition or not, a land that is not subject to any communal or legal dispute, a land that doesn’t run afoul of government regulations, etc. And finally investigating all the documents the owner has and ought to have such as a Survey plan, deed of assignment, contract of sale, C of O, Governors Consent, Gazette, Letter of Allocation, Receipts, Deed of Transfer, Power of Attorney, etc. The check list is too much but it must be done so that you are satisfied 100% of the title. This is the only thing that will give you piece of mind and you must contract a land verification expert to do it to give you that extra comfort or peace of mind.
4. Thou Shalt always Involve Professionals in Land Matters before you buy a land: A lawyer, Surveyor and Architect are the 3 most important people you must get in touch with before you buy a land. The lawyer is the only one that can draw up your contract papers legally. Any other landed document drawn up by any other person is null and void and you would not be allowed to process your papers at the Land registry. Secondly, a Registered Surveyor is the only one that can draw up your survey plans. Without the survey plan you have no description of the land you intend to buy. Use only a registered surveyor please and finally, an Architect is the one who would advise you on the type of house you are to build and the cost of putting up that structure starting from the location of the land down to the type of soil. Don’t do self service. Engage professionals to guide you properly.
5. Thou Shalt not buy a Land without Viewing the land physically: No matter how beautiful or attractive the land being advertised appears please go there and look at it. Too many Real estate developers and Agents have scammed thousands of Nigerians using beautifully drawn flyers promoting lands that are equivalent to Aso rock estate in choice locations, only to realize that they are dump yards not fit for human habitation. Always find time to visit the place physically or send a trusted representative to view it. Don’t rely on just pictures and sweet words because there are so many other important things the picture or advert won’t tell you such as the neighborhood, light and water issues, the road leading to that place, amenities such schools or hospitals, transportation ease to and fro, market, etc. Make sure you check all these things before you finally commit yourself to buy a land.
6. Thou Shalt not buy a land that smells of trouble: No matter what happens in life, you must always trust your own personal instinct and 95% of the time, your conscience would never lie. The moment you visit a land for inspection, follow whatever your guts tell you. If your mind is shaky about the land, don’t push it; walk away because that land isn’t meant for you. If you see things that make you tremble or suspicious please walk away. If you see things like fenced lands that cannot be justified by the owner or no proof of ownership, no survey plan or its layout, you hear the land is a relocation land or there is a minor dispute that was just solved, so many family owners or sellers etc please kindly walk away and move on. You have just dodged a a silver bullet in your pocket. Don’t let anyone pressurize you to buy it. The signs that you see now might seem so small and irrelevant but trust me 5 years down the line it will begin to manifest seriously and the Agent or Seller who allayed your fears and coerced you to buy it would be long gone and you will be left on your own to deal with the resultant issues.
7. Thou Shalt not pay for any Landed Transaction in Cash: Don’t even dream of it. Everything must be properly documented from the cost of the land down to the Receipt or survey fees. This is the only thing that can save you from problem tomorrow in case you want to track down a fraudulent seller of land. I hear people giving land sellers cash to make them feel comfortable but it’s not right. Even if the signing fees is N50,000, try your personal best to document it through a recognized bank instrument. If push comes to shove, that tiny piece of evidence can be used in court to show when, how and the time the person collected the money and he cannot deny it. Most fraudulent sellers try to avoid this route by accepting partial cash instalment payments to cover up their tracks. Don’t do it.
8. Thou Shalt not ever listen to a land seller’s opinions about the title of land they possess without you verifying it:
A lot of previous land purchasers are very guilty of this commandment and have become terrible victims in the aftermath of this issue. They listen to these land sellers who lie to them that the land has Government approved papers such a Gazette or C of O, etc but they do not have any shred of evidence. They lie that certain big shots have bought lands there and they are all deriving title from that government document legalizing their ownership of the land but there is none available that you can inspect physically. Because people are ignorant they believe them. How would you take the word of an illiterate over an educated professional? It makes no sense. Their only business with you is to show you the land, prove ownership and show you their documents. Any other thing that comes out of their mouth to sway you to buy is just plain lies so don’t fall for their tricks.
9. Thou Shalt put all their Landed Transaction Details in Writing: Another very common mistake most purchasers are culpable of. They pay for lands but there is no proof of the deed of assignment or contract of sale between the buyer and the seller. Absolute madness!!!! Some will say they haven’t received the receipt but they are waiting for the owner to come back so he would take them to meet the family he bought it from. Many I know don’t even have a survey plan. How do you prove ownership? How can you trace the owner? Some people tell me that it’s not a problem because they know where the person lives so he cannot run. Ok, what if he dies? How do you prove to his family or community that you bought the land validly from him? What if another person lays claim to that same land, how do you prove ownership? The 3 basic things a Buyer must have when they pay for a land is a Receipt, Deed of Assignment and a Survey Plan. Without these 3 things you have a very slim chance of proving ownership if anything goes wrong in future.
10. Thou Shalt take possession of the land you bought immediately: As soon as you buy it, try to take possession of it by constructing a small fence around it. You don’t have to do 9 coaches, just 2 or 3 is enough to demarcate your land so that any prospective buyer of the land knows that it has already being bought and should stay clear of it. Pour gravel or sand there, do a well on the site and visit it frequently. Hire a mai guard/ security guard to come on the land to watch over it till you have money to build something tangible. Don’t just leave it fallow and expect it to wait there for you when you are ready. Somebody else would end up encroaching on your land and steal it. I am talking from experience and that is how I threw away N2Million which was my total life savings back then when I bought my first land and left it there unattended to for 6 months hoping to come back there to do something when I have raised enough funds, only to see an uncompleted building on it fully fenced with gate man. The same land seller resold my land to another rich dude after he noticed I wasn’t doing anything there anytime soon and absconded. Let my pain and suffering be your own guide to wisdom so that it won’t happen to you too.

We at OGARE REALTORS carry out proper due diligence on all properties before they are introduced to the market. We are not unmindful of all gimmicks involved in real estate transactions and hence, it is our utmost duty to safeguard our clients from the risks and hassle that property transaction is known for, especially in this part of the world.

For your land verification by our Real Estate Lawyer and to buy affordable Lands/Houses in Abuja, Lagos, PortHarcourt, Kano, etc. Call us now: +2347037555949
To rent or buy House in UK, South Africa, or USA call our Foreign Partner: +447042056962

Updated: Things you must check when buying a land in Nigeria

Updated: Things you must check when buying a land in Nigeria

In real estate, doing due diligence (investigation), probing the validity and authenticity of a property is essential thing before paying money. It allows to avoid falling into a scam or acquiring series of liabilities with the asset in question. Many had fallen victim of fake lands or land with fake papers. There are cases of lands sold by scam estate agents which were discovered later to be someone else’s land.

Land for sale - things to check

The target of this article is to help you avoid such common mistakes which lead to loosing your money.

Serious Reasons to Make Investigation Before Buying Property

Investigation is essential thing as it can disclose a lot of problems and secrets behind a land or other property for sale. Here are just a few examples:
It reveals hidden costs or unpaid fees like accumulated land use charge, tax and so on.
It allows to get trusted info about actual size and topography of the land in question.
It helps verify the real owner of the property. You do not want to give your money to someone who has nothing to do with property you are buying, right?
It reveals the exact location of the property and the neighbourhood it is located (current one and future one), the social amenities surrounding it and potential problems which can appear in near future. For example reveals the possibility of acquiring land close to or under powerline route, oil or gas pipeline route, filling station, gas station.
How to Do a Due Diligence (Investigation) for a Land in Nigeria

You need follow 5 basic steps:

1. CHECK CAREFULLY OWNER’S DOCUMENTS
To be more specific, you need to request from seller following documents (or good quality photo copies of documents):
– Certificate of Occupancy (C of O)
– Power of Attorney (if you are buying not from the owner)
– Tax Clearance Certificate
– Survey Plan
– Deed of Assignment. A deed of conveyance or assignment traces the history of how the property or land has reached the present owner till date.


It is very important that you have a good property lawyer before embarking on land/property purchase. Reason being that your lawyer is the one who ensures that you don’t run into legal trouble with land/property documents after purchase. It’s your lawyer’s job to verify the authenticity of any title document backing the land/property.

2. INVESTIGATE TAXES AND OTHER FEES
Check for the payment of land use charge by the owner on the land. Any land with C of O attracts this charge on an annual basis. If the owner refused to pay this charge it will accumulate and would be inherited by the buyer. You might want to check this out before making payment. Finally find out any other charge or fee on the land. Only when having full info you can decide how to proceed.

3. MAKE A PHYSICAL INSPECTION
After verifying the authenticity of the documents request to be taken to the location of the land or any other property – house, apartment etc.. Confirm the size and condition of the property to find out if it is the same with what is in the documents. Also pay attention to following things:
– Filling station: be sure your neighbor is not a filling station or someone who wants to build a filling station after purchase.
– Proximity to the highway: There is government regulation as to the distance from the road to properties. Confirm to discover these because sometimes in the future road enlargement could mess up your property.
– Power-line route: Check the distance between the land and power-line route because there are specific guidelines as to the how close a property should be to power-lines. Apart from regulations it is dangerous to build under a power line route.
– Oil and gas route: Check the proximity of the land to an oil and gas pipeline so as not to contravene the law against closeness to one of these.
– Waterways: ensure the land is not located on or dangerously close to a waterway or major drainage because of governmental regulation and flooding.
– Infrastructure and other advantages listed by seller – condition of the roads, neighbours etc.

4. VALUE ASSESSMENT AND INVESTIGATION
Assess the land further to discover its price in relation to others in the surrounding. Ask the owner of a similar land near you to discover if it is within the same price range or outrageously above. In real estate location of a property or land is a determining factor in the price. For example the value of a land in Lekki is different from value of the same size of land in Ikorodu. It is common place for lands in the same zone/neighbourhood to be on the same price range. Furthermore, inquire about the supposed owner of the land from neighbours in that area to be sure they own the property.

5. ZONING / LAND USE CONTROL
Confirm that the land is not located in an area assigned to be used as business district or industrial estate if your intention is a residential building. If you contravene this law your property is doomed for demolition.

For your land verification by our highly professional Lawyer and to buy affordable Lands/Houses in Abuja, Lagos, PortHarcourt, Kano, etc. Call us now: +2347037555949
To rent or buy House in UK, South Africa, or USA call our Foreign Partner: +447042056962

Documents To Ask For When Buying A Land Any Where In Nigeria

Documents To Ask For When Buying A Land Any Where In Nigeria


There are a number of crucial documents
1. Receipt
2. Approved survey plan
3. Approved layout
4. Power of Attorney
5. Deed of assignment
6. Certificate of Occupancy ( C of O)

I would categorize the people from which you can buy any parcel of land into three: An estate developer, an individual & directly from the family who claims to owns the land.

If you are dealing with an estate developer (buying within an estate), you should ask for the approved survey plan, approved layout, the power of attorney and the global C of O

If you are buying from an individual or company (one who has bought and wishes to resell), you should ask for the receipt, deed of assignment, approved survey plan and C of O.

Buying directly from the family who claims to own the land is quite tricky. This is because it is difficult to determine the true owners of the land especially when the documents showing ownership haven't been processed.

Where the documents haven't been processed, there are no documents to show authenticity and a prospective buyer has to really a great deal on word of mouth from the members of the community to ascertain the true owner(s) of the land in question.

When the documents have been processed, they should provide you with the approved survey plan, approved layout ( where the land is a large one and is being sold on a per plot basis) and the C of O.

From my experience, families usually don't go to the length of processing their C of O. Reason being that they hope to sell off their land in the near future thus only do the absolute minimum required to show authenticity, in this case the approved survey plan and layout, then passing it on to the buyer who would go on to perfect his/her title on the land.



For your land verification by our highly professional Lawyer and to buy affordable Lands/Houses in Abuja, Lagos, PortHarcourt, Kano, etc. Call us now: +2347037555949
To rent or buy House in UK, South Africa, or USA call our Foreign Partner: +447042056962

6 Key Steps to Take When Buying a House or Land Property

  6 Key Steps to Take When Buying a House or Land Property


There are a great number of things to look out for and keep in mind when buying a new home or land property especially in a place like Lagos Nigeria. The following 6 steps are crucial and will serve as guideline while you make that investment in property in Nigeria.

1. Understand the Nature of the Property

Investors want to get the best value for their money. And this often translates to the best return on their investment. With this in mind, you want to evaluate the potential growth in investment in a particular area before you throw your hard earned money at it. Growth range is between 5%-30%. Why get less when you can get more? Choose your investment location wisely.

2. Research Who is Selling

Always keep the following questions in mind: "Who is the owner of the property?" "Who is selling the property? Is it the owner, the owner's wife, son, daughter, or someone else?" "Who's name appears in the documents? Is it the current owner or the previous owner?" "What liabilities currently exist on the property?"

3. Verify the True Owner 

Before you buy a plot of land or a completed building, be sure to conduct what is called a "search" on the property. This is the process of verifying from the state government if the property in question is within government acquired properties or not and whether there are any pending litigation or other issues on the property. The bureau of lands of Lagos state is responsible for all land related matters in Lagos state. It also has office in Government secretariat Alausa Ikeja Lagos Nigeria.

4. Make Payment and Collate the Right Documentation

Pay the property amount to the property owner, then collect the (a) purchase receipt (b) the contract of sales (c) the building plan (d) originals of other relevant documents in possession of the previous owner

5. File the Documentation for Your New Purchase With the State Government

It's important to do this step because it legally makes you the new owner in the eyes of the law. If the property already has a C of O (certificate of Occupancy), you’ve got Governor's consent for it which is great. If it does not, then you start processing your C of O as soon as possible.

6. Appoint An Estate Agent to Help Manage the Property

You safeguard your investment when you do this especially if you live outside Lagos Nigeria or overseas. Folks who have invested big time in Abuja and Lagos Nigeria real estate have found that it has been one of the wisest decisions they made in their lifetime.


For your land verification by our highly professional Lawyer and to buy affordable Lands/Houses in Abuja, Lagos, PortHarcourt, Kano, etc. Call us now: +2347037555949
To rent or buy House in UK, South Africa, or USA call our Foreign Partner: +447042056962