By Dayo Benson
I would appreciate it if you give a piece of legal advice on this issue. My father bought the property where we live at present some 25 years ago from th presumed owner. At the time he bought it, it was an uncompleted building, almost at linted level. My father, according to him, have been living there since.

But much to everyone’s surprise, sometime late last year, we received a letter from a lawyer on behalf of a third party who claimed to be the owner of the property. Subsequently, the lawyer and his client visited our house and brought some documents along to prove ownership of the property.

My father also insisted he bought the property from the actual owner and he also showed them the necessary papers. The man who is claiming the ownership promised to come and take possession forcefully if my father refused to see reasons.

We are contemplating going to court. But is is possible a wrong person, other than the actual owner sold the property to my dad?

Austin, Lagos

In transactions of this nature, a piece of advice that is always given is Caveat Emptor, let the buyer beware.

Am certain  you were much younger when this transaction took place, so you would not know the details other than what your father told you and the documents in his possession.

To answer your question direct, it is the genuine owner of a property that has the power and authority to sell. Such a person is the one who has a better title.

What this means for instance is that if there are two claimants to a property, the law presumes that the one who can establish his title with superior pieces of documentary evidence is the owner. It is possible that the person who sold the uncompleted building to your dad was not the original owner.

That is however for the court of competent jurisdiction to decide. Please, don’t hesitate going to court, your dad should approach the court fast, because that is the last hope for the family as things stand now. If you people fail to act fast, God forbid, you may be render homeless.

Whatever may happan at the end of the day, the court’s action will no doubt give the family a legal reprieve. Without prejudice to what the court will decide between the two claimant, the principle of law is that whoever owns the land owns whatever is on it.

Since it is quite possible for somebody to sell a property that does not belong to him or her, it is always advisable to involve a lawyer in transactions of the nature.

A lawyer would be in a good position to determine whether there are encumbrances on the property after carrying out a search of the land registry. The exercise will also reveal whether somebody had earlier registered his title on the said property.

Part payment to buy land

A friend recently introduced me to a land vendor who sold half a plot to me for N200,000 (two hundred thousand naira). I was unable to meet the full financial obligation so I made a part  payment of N120,000 (one hundred and twenty thousand naira).

The seller gave me a temporary receipt and the two of us agreed that I would pay the balance in three months time when I hope to start the foundation of the house I intended to build on it. I really want to know if I have anything to worry about because some individuals can be very dishonest when it comes to issues like this.

I have had stories of similar circumstances when people have lost their money as a result of selling a piece land to multiple buyers.

— Kareem

Still on ATM

Is ATM card compulsory because banks now force customers to use it claiming its CBN order and if one refuses to use it they charge between N100-N105.

Feyi Onyeaju Kareem

Please watch out for answers to these questions next week.