Investigation of Title is
the process of confirming the title of the vendor as deduced by him. It
involves anything and everything that will reveal any defects in a property to
be purchased. The purchaser’s solicitor should investigate the title
of the vendor after the vendor has deduced his title. Thus, the practice is
that as soon as the purchaser receives the abstract/epitome of title, the
purchaser should proceed to verify the authenticity and genuineness of the documents
relied on by the vendor to establish his title.
The major aim of
investigation of title is to see if any defect exists in the title deduced by
the vendor. It is usually done by way of searches conducted in all places and
offices where there may be particulars or details of the property and also on
the property itself.
The solicitor should look
out for answers to the following: Who are the parties? What is the identity of
property? When was the Deed created? Was the Deed properly perfected? Is there
power in the Memorandum and Articles of Association intact? Is the Power of
Attorney subsisting or revoked? Is the assent/probate/letters of administration
valid? How is the soundness of root of title?
Investigation of title may
involve all the following steps:
(a)
searches
at the Land Registry; Abuja Geographical and Information System (AGIS), Probate
Registry, Corporate Affairs Commission (CAC) Company's Registry. The latter is
applicable in situations where the vendor or past owner is a company
incorporated under CAMA. in such cases, apart from the searches at the Land
Registry, there should be a further search at the Corporate Affairs Commission.
The essence is to know whether the Memorandum and Articles of Association of
the company allow the company to deal with the property the way it intends to.
(b)
visiting
and inspecting the property to ascertain whether the description fits and
whether there is vacant possession by finding out from neighbours if there is any issue, or to find out for
yourself the actual size of the land and whether it conforms to the dimensions
of the land registry. For example, most landlords place the inscription – “This
Land is Not for Sale” or “Caveat Emptor”.
(c) investigation
of traditional title if necessary and by this we mean a
search conducted on the principal members of a family land or on the community and heads of the community
where the property is not subject to family or community ownership, to confirm
that all relevant consents were obtained and that the title is neither void nor
voidable.
(d) investigation of court judgments and orders, if
any to see if the land is subject to any court litigation, and if any, the
outcome of the dispute; or whether the vendor is a personal representative or
beneficiary in a probate dispute which entitles him to convey the property. Or
if the title is based on a Court issued certificate.
(e) examination
of abstracted documents (critical inspection of photocopies of documents
submitted by vendor to ascertain the names, description of the property and
signature of the parties)
(f) Confirm survey plan given by the vendor to the purchaser with survey in
the Surveyors General’s Office
(g) raising requisitions gleaned from information
in the Abstract/Epitome of title.
NB:
A solicitor must get the following documents in order to enable him investigate
title under Registration of Title Law
System,
(a) copy of title document from the vendor
(b) Letter of authority from the vendor and
(c) Statutory declaration by the purchaser
confirming authority.
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