Investing in real estate within the Federal Capital Territory (FCT), Abuja, requires meticulous due diligence, especially when it comes to verifying property titles.
Ensuring the legitimacy and clarity of a property’s title safeguards your investment and prevents future legal complications.
This guide outlines essential steps to thoroughly investigate property titles in Abuja, FCT, helping you make informed and secure real estate decisions.
1. Obtain the Land Allocation Papers
What Are Land Allocation Papers?
Land allocation papers, commonly referred to as the Certificate of Occupancy (C of O) or Right of Occupancy (R of O), are official documents issued by the Abuja Geographic Information System (AGIS).
These papers serve as proof of ownership and contain critical details about the property.
Key Information in Land Allocation Papers
- Legal Description: Detailed description of the property’s location and boundaries.
- Ownership Details: Names of current or previous owner.
- Encumbrances and Liens: Any existing claims or debts associated with the property.
2. Conduct a Comprehensive Title Search
Purpose of a Title Search
A title search examines the property’s history to identify any potential issues that could affect ownership.
This process ensures that the title is clear and free from disputes.
Steps in a Title Search
- Review Deeds and Mortgages: Examine all legal documents related to the property.
- Check for Outstanding Liens: Identify any debts or judgments against the property.
- Verify Ownership History: Confirm the legitimacy of previous ownership transfers.
3. Verify Encumbrances and Restrictions
Understanding Encumbrances
Encumbrances are legal claims or interests that can impact the property’s use and value.
Common encumbrances include easements, mortgages, and covenants.
Identifying Restrictions
Restrictions limit how the property can be used. These may involve zoning laws, building regulations, or land use plans.
How to Verify
- Consult Land Use Plans: Review the master plan and layout plan of the area.
- Check Government Records: Access records from relevant government agencies to identify any restrictions.
4. Confirm Property Boundaries
Importance of Boundary Verification
Accurate property boundaries prevent disputes with neighbours and ensure that you are purchasing the correct land area.
Steps to Verify Boundaries
- Review Title Documents: Ensure the boundaries match those stated in the title.
- Survey the Property: Hire a professional surveyor to mark and confirm the boundaries.
- Check for Discrepancies: Look for any inconsistencies or disputes regarding the property’s limits.
5. Check for Outstanding Debts and Taxes
Why It is Essential
Outstanding debts or unpaid taxes on the property can become your responsibility after purchase, leading to financial and legal troubles.
How to Check
- Property Tax Records: Access tax records through local government offices.
- Consult Relevant Agencies: Verify with government bodies to ensure all dues are cleared.
- Settlement of Debts: Ensure that any outstanding amounts are settled before finalising the purchase.
6. Verify Planning Permissions and Building Approvals
Importance of Compliance
Ensuring that all construction and development on the property have the necessary approvals prevents future legal issues and ensures that the property meets regulatory standards.
Steps to Verify
- Consult Development Control Department: Check with the Department of Development Control (DCC) for required permits.
- Review Implementation Permits (IP): Ensure that all construction activities have been approved and documented.
- Confirm Compliance: Make sure that any developments adhere to local zoning and building regulations.
7. Engage Professional Assistance
Importance of Legal Expertise
Navigating the complexities of property titles in Abuja, FCT, often requires professional legal assistance to ensure all aspects are thoroughly checked and validated.
Types of Professionals to Consult
- Real Estate Lawyers: Provide legal advice and handle the documentation process.
- Professional Surveyors: Accurately measure and confirm property boundaries.
- Title Agents: Assist in conducting comprehensive title searches and verifying property history.
Conclusion
Investigating the title of a landed property in Abuja, FCT, is a crucial step in the real estate investment process.
By following these detailed steps—obtaining land allocation papers, conducting a thorough title search, verifying encumbrances and restrictions, confirming property boundaries, checking for outstanding debts and taxes, ensuring compliance with planning permissions, and seeking professional assistance—you can secure a legally sound and financially stable property investment.
Proper due diligence not only protects your investment but also ensures peace of mind as you navigate the dynamic real estate market in Abuja.
Okpi, Ibe Chinedu is the Principal Partner in the Law Firm of Ibe, Chido and Associates ( www.ica.ng ) .Contact via phone: 08180524686 or email: info@ica.ng
