To investigate title to land is a critical step in any real estate transaction. This is to ensure that the seller has a legal right to sell the property and that there are no encumbrances or disputes affecting the title. Here are some common ways to investigate title to land;
- Localised investigation: You can carry out localised investigation by making enquires from neighbouring land owners, the family head of the prospective seller or the village head of the community where the land is situate. The information gathered from these people would be a pointer as to whether the seller has a good title to transfer to you or not. You will also get to know if the land is solely owned or jointly owned by a family. This will help you avoid certain pitfalls as regards the land purchase.
- Title Search at the Ministry of Lands: Carrying out a search at the Ministry of Lands will reveal if there is any encumbrance on the land and also if the land was registered. If it was so registered, this search will reveal the name of the person who registered the land so you can cross check with the name of the seller. This search involves examining deeds, conveyances, mortgages, liens, and other documents to trace the history of ownership and any encumbrances on the property.
- Title search at the Office of the Surveyor General: Conducting a search in this Office will reveal whether the land had earlier been acquired by the Government or not or whether the land is on a road yet to be created by the Government or not.
- Title Search at the Probate registry: This is important in cases where the seller became the beneficiary of the land by virtue of a will. It is important to search at the probate registry to ascertain the true administrators or executors of the estate, as well as the validity of the grant of Letter of Administration or Probate.
- Search at the Corporate Affairs Commission: Lands that belong to corporations incorporated under the Companies and Allied Matters Act should be subjected to a further search at the Corporate Affairs Commission. This is to reveal if there are encumbrances on the company that can affect the title to the property such as floating or fixed charges.
- Physical Inspection: Visit the property and conduct a physical inspection to verify its condition and assess any visible signs of encroachments, boundary disputes, or environmental issues that may affect the title. Watch out for warning signs such as “buyers beware” or “caveat emptor” which usually reveal that the land either a subject of dispute or encumbered.
- Legal Opinion: Seek legal advice from a qualified Real Estate Attorney who specializes in property law. An Attorney can review the title documents and other relevant information to assess the status of the title and identify any potential issues or risks.
By employing these methods, prospective buyers or investors can conduct a comprehensive investigation of title to land to mitigate risks and ensure a smooth and legally sound real estate transaction.
It’s crucial to involve qualified professionals, such as Real Estate Attorneys to assist with the process and address any complex legal or technical issues that may arise.
We provide Real Estate Attorney services
CONTACT US via telephone call or whatsapp on 0708 424 1826 or send an email to info@thejubileelegal.com
