Property transfer is an essential real estate procedure for people who want to obtain property. Property transfer is most commonly used in sales deals and involves two sides, the seller and the buyer. A property transfer is required to make the transition legal, and here is a list of documents you will need for the procedure.
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1. Deed of assignment
The deed of assignment is the most important document concerning the property transfer process. This is a primary document that serves as evidence of assigning the property from the owner to the seller. The deed of assignment will be your main proof of the right to the property and will be required on several other stages of the property transfer process.
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2. Sale of land agreement
This legal document preceeds the deed of assignment and is used to put the verbal agreement between the buyer and the seller of the property into a legal realm. While the new owner of the property is waiting for the deed of assignment to be finalized, the sale of land agreement may be used as proof of the new owner’s rights to the land.
3. Certificate of occupancy
The certificate of occupancy is one of the most vital legal documents in the real estate industry in Nigeria. The certficiate of occupancy is issued by the Governor of the state where the property is located. The new owner is then given a 99 year permit to use the property. Without the certificate of occupancy, your new position as the property owner can be compromised.
4. Right of occupancy
As a property owner, you can only get a certificate of occupancy when you have a legal right of occupancy. The right of occupancy serves as the main proof of your right to own the property and will be addressed several times in your quest to transfer the rights to property.
5. Power of attorney
The power of attorney is not always present in real estate deals, but it’s an essential document when the property owner is, for any reason, unable to take part in the legal process himself. In that case, the owner allocates the power of attorney to his trusted partner who then carries out the deal for him. For example, a landlord can save time on dealing with the legalities by giving the power of attorney to his real estate agent.
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6. Deed of mortgage
When a mortgage is involved in any real estate deel, the deed of mortgage becomes a vital step of the process. The deed of mortgage is a commonly used legal document in situations where the owner of the land borrows money from the bank against his property and wants the document to serve as proof of legality of the transaction and the bank’s responsibility.
7. Governor’s consent
Once the new owner of the property has the certificate of occupancy in his hands, he must then apply to the corresponding state’s land registry to obtain the Governor’s consent to the property transfer. Without the consent to the new ownership of the land, signed by the Governor, your property transfer deal cannot be finalized.
8. Tenancy agreement
Unlike most other documents on our list, the tenancy agreement is only valid for a certain period of time. It is signed by the landlord and the tenant and must include, among other things, the period of validity of the document. By default, the tenancy agreement is valid for one year, but the landlord and the tenant may agree to any other duration of the document.
Read more: Rights Of A Tenant And Landlord In Nigeria
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