Pages

Saturday, 15 March 2014

9 THINGS TO CONSIDER WHEN BUYING LAND FROM TRADITIONAL LAND OWNERS (OMO-ONILE)


One of the easiest and fastest way of buying land in Nigeria is through the traditional land owners, popularly called “Omo-Oniles”. The reasons for these are based on the following factors:

·         Land from the traditional land owners – Omo Oniles – is readily available to all prospective buyers to purchase anywhere and anytime they so wishes

·         Most people still regards traditional land owners as the custodians of land in Nigeria
·         Traditional land owners still lay claims to the ownership of land in most parts of Nigeria
·         Lack of proper and adequate awareness on the part of government as been the overall custodian of land in the country
·         Lands bought from traditional land owners encourages quick location, infrastructural and social development of the populace and environment
·         The sales (monetary) value of land bought from traditional land owners is cheap and easily affordable to the general populace most importantly the low-income earners

So today, I will highlight and identify those important things you should/must consider and establish when you want to buy land from the traditional land owners – “Omo Oniles”

Before you eventually buy that land from the traditional land owners otherwise known as Omo-Oniles, endeavour to consider these following things:

1.      Try to consider and investigate the total land area and size of the traditional land owners is properly printed on a survey plan showing details of the land in relation to its size and positioning
2.      Is the head of family of the traditional land owners aware of the land transaction you are going into but if not so, try to request for his presence/awareness before you finally pay for the family land from them
3.      Confirm from the traditional land owners if the family land you are about buying is not under any known co-operative, government acquisition or committed land scheme
4.      Before you eventually pay for the family land, make adequate preparation and consideration for drafting a well written and registered Transfer Agreement which should be prepared by a legal practitioner between you and the family land owners
5.      Also, you must endeavour to consider asking within and around the locality/area where the land is situated whether the land you are about to buy from the omo-oniles has not been sold to someone else
6.      You must also consider perfecting the title documents of the land purchased from the traditional land owners with the government after completion of the transaction . The process for doing that is called Ratification.
7.      It is also important to trace the true ownership status of the land before you finally pay for it.
8.      Another thing to consider again as a buyer of omo-onile land is the establishment of no legal dispute between the traditional land owners and some other traditional land owners or even among the actual land owners as per the actual owner in respect of the particular land you want to buy.
9.      You should also consider liaising with the duly appointed family head of the traditional land owners before you finally pay for the land.

I hope with the various factors identified above, you are properly placed in the best position to buy any land belonging to the traditional land owners – “Omo Oniles” – in Nigeria

Always employ the services of the professional Estate Surveyor and Valuer to guide you through the process of purchasing/buying land from the traditional land owners – “Omo Oniles” - as they are professionally trained in the art and science of diversified areas of Real Estate Management discipline inclusive of Estate Agency.

ABOUT THE AUTHOR

Adeniyi Akinjiyan is a Higher National Diploma (HND) holder of Estate Management from the prestigious Yaba College of Technology, Yaba, Lagos state, Nigeria. He possesses a Professional Practice Certificate in Estate Surveying and Valuation from the Nigerian Institution of Estate Surveyors and Valuers (NIESV).

He is the principal consultant of Aakient Consultants Ltd, a highly progressive and consolidated property and construction project management company, which is committed to providing the highest level of professional services in meeting clients’ real estate needs.

Feel free to contact him at: aakientconsultants@gmail.com

Saturday, 8 March 2014

6 AVENUES TO PURCHASE LAND IN NIGERIA

Acquiring or purchasing land for developmental purposes of any kind in Nigeria is a very tedious and rigorous process for anyone who does not know the appropriate channel/avenue to follow in doing so. This is due to the high level of protocols and bureaucracies that any aspiring land purchaser will inevitably go through.

Because of these factors, I have decided to write on the various avenues by which anybody (Public, Corporate or Individual) aspiring to acquire or purchase land for varying developmental purposes in Nigeria can do asuch.

The various avenues to purchase/buy land for developmental purposes in Nigeria are:

·         Government estate schemes
·         Private property development companies
·         Government’s property investment companies/agencies
·         Mortgage/financial institutions
·         Individual property investors
·         Traditional land owners (Omo-Onile)

1.      GOVERNMENT ESTATE SCHEMES

Acquiring or purchasing land for any developmental purpose from government (State and Federal) is the most authentic avenue to do asuch, as this is statutorily stipulated in the Land Use Act of 1978.

The Act vested all land lying in the territory of each state (except land vested in the Federal government or its agencies) solely in the Governor of the State, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the state and to organisations for residential, agriculture, commercial and other purposes while similar powers will with respect to non urban areas are conferred on Local Governments.

Section 1 of Act states that Subject to the provisions of this Act, all land comprised in the territory of each State in the Federation are hereby vested in the Governor of that State and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of this Act”

In adhering to the laid down laws of the Land Use Act, government (State and Federal) do acquire large expanse of land to be developed into either site and service estate schemes or built-up estate schemes which are then advertised to the general public for purchase and acquisition.

Any body that acquires or purchases land in government estate schemes will be issued a statutory right to use that land for a fixed term/period of 99years. The evidence for granting such purchaser the statutory right on the land is issuance of a Certificate of Occupancy (C of O) to that successful applicant/purchaser. 

But as secured and legitimate as it looks or sounds in acquiring or purchasing land from government estate schemes, the process in doing is still a tedious one as many people who subscribed/applied to these government schemes are yet to be allocated their plots of land largely due to over-subscription and/or non availability of government estate schemes which people can readily purchase for developmental purposes.

Because of these negative factors, many people have diverge different ways in acquiring/purchasing land from other sources since government’s various estate schemes cannot cater for nor meet the high demand of people in dire need of land for different developmental purposes (most residential).  

2.      PRIVATE PROPERTY DEVELOPMENT COMPANIES

Another avenue which people can take to acquire or purchase land for developmental purpose in Nigeria is through site and service (land) estate schemes been massively embarked upon by the various private property development companies carrying out real estate development activities and business in the country.

What these private property development companies do is to acquire large expanse of land from either the traditional land owners (omo-onile), government (state and federal) or private/corporate land owners, and afterwards divide the land into lots/units/plots to be sold to the general public in the form of a site and service estate scheme or built-up estate scheme.

Anybody that is interested in acquiring/purchasing land for developmental purpose from the various private property development companies will need to apply and subscribe to such estate scheme either directly with the property development company or any of their associate marketing partners.

Payment for land in any of these private property development companies’ estate schemes is made either out-rightly, in installments or as may be prescribed by the developers of such estate schemes.

The title documents that are given to successful subscribers/purchasers of private company development estate schemes is letter of allocation of the particular lot/plot of land bought coupled with a Deed of Assignment/Conveyance bearing the purchaser’s name.

Many private property development companies forbids people in buying more than one plot of land from any of their estate schemes mainly to discourage speculative motives of some property investors.

Examples of private property development companies in Nigeria are UAPDC, HFP engineering ltd, etc

3.      GOVERNMENT PROPERTY INVESTMENT AGENCIES

Government (state and federal) have also created and established various property investment agencies/companies to cater mainly for the provision and availability of large expanse of land to the general public for acquisition/purchase but this is embarked upon from the investment perspective of the government.

Real estate is regarded as one of the best investment machine that generates adequate returns on investment through provision of streams of income for the owner. It is in this regard that government also established property investment companies/agencies to make large expanse of land available for sale to the general public so as to generate more revenues inform of income to the government.

So, government’s property investment agencies/companies is another avenue where all prospective purchasers/buyers of land for developmental purpose can go to in acquiring or purchasing the land of their choice.

Examples of government’s property investment companies/agencies in Nigeria are: LSDPC, Ibile Holdings, Ogun state property development company, etc

4.      MORTGAGE/FINANCIAL INSTITUTIONS 

Yes, it is also possible for anybody looking for land to acquire or purchase for developmental purpose to get such land from any of the mortgage or financial institutions operating in Nigeria.

There are some foreclosed properties such as land and buildings which some mortgage and financial institutions always advertise for sale to the general public due to non-payment of the loan advancement granted owners of these land and landed properties which have been used as collateral for the repayment of such loan advancement.

Anybody that needs land for developmental purpose might be lucky to get a good bargain for any of this foreclosed land and landed properties as their monetary values is not always in consonance with their real Market Values.

So you can always be on the look out for the availability of foreclosed lands from mortgage and financial institutions operating in Nigeria if and when you want to acquire or purchase land for developmental purposes.

5.      INDIVIDUAL PROPERTY INVESTORS

Individual property investors refer to those investors who buy land from various sources and/or avenues mainly for speculative and investment motive to be sold back to the general public afterwards. 

They are investors who buy land so as to keep hold of it till when it appreciates in monetary value and afterwards sell such land at a higher price to anybody who may be interested in acquiring or purchasing such land from them.

So many people are now going into the act of real estate investment as they are certainly sure of making higher returns on their investment afterwards.

Also, there are some individual property investors who buy land to undergo different classes of property development (residential, commercial, leisure, etc) activities to be leased or sold to people after its completion, while there are some who just buy land to re-sell such after some time when it has appreciated in monetary value.

Acquiring or purchasing land from individual property investors is another avenue which can be relied upon by anyone looking for genuine means of getting land for developmental purpose in Nigeria.

6.      TRADITONAL LAND OWNERS (OMO-ONILE)

This is by far the most popular means by which one can acquire or purchase land as far as land acquisition for developmental purpose is concerned in Nigeria. It is the easiest avenue and the most direct means which one can acquire or purchase land in Nigeria for developmental purpose.

This is so because it is not everybody that are properly enlightened or aware as to the other various avenues where and how land can be bought/purchase for developmental purpose in Nigeria.

Also, buying land from the traditional land owners popularly called Omo-Oniles is very cheap and readily available for everyone to access as compared to the other avenues mentioned above.

Most and if not all of the various avenues I mentioned above in acquiring or purchasing land for various developmental purposes in Nigeria are through the traditional  land owners – Omo Oniles – whose family and forefathers lay claim to the ownership of land in the country. 

This has been so, long before the enactment of the Land Use Act of 1978 and even afterwards till today.
There are so many things that must be considered when buying land from the traditional land owners - Omo-Oniles - in Nigeria as whoever does not take cognizance of these things may end up falling into the wrong owners of such family land.

Be on the lookout for my next post as I will be writing on the various factors to be considered when buying land from traditional land owners – Omo Onile.

Always employ the services of the professional Estate Surveyor and Valuer to guide you through the process of acquiring or purchasing land from any of these various avenues written above as they are professionally trained in the art and science of diversified areas of Real Estate Management discipline.

I implore you to kindly share this post/article because there are so many people out there looking for this particular piece of information but can’t get or have access to it.

ABOUT THE AUTHOR

Adeniyi Akinjiyan is a Higher National Diploma (HND) holder of Estate Management from the prestigious Yaba College of Technology, Yaba, Lagos state, Nigeria. He possesses a Professional Practice Certificate in Estate Surveying and Valuation from the Nigerian Institution of Estate Surveyors and Valuers (NIESV).

He is the principal consultant of Aakient Consultants Ltd, a highly progressive and consolidated property and construction project management company, which is committed to providing the highest level of professional services in meeting clients’ real estate needs.

Feel free to contact him at: aakientconsultants@gmail.com

Friday, 28 February 2014

6 TYPES OF RESIDENTIAL ESTATE HOUSING SCHEMES IN NIGERIA


Many times I’ve heard clients seeking for land and/or landed property mostly for residential accommodation purpose having special preference for different types of estate schemes as the major determining factor for them in acquiring such land and/or landed property. 

Some of the reasons for this special preference are largely due in part to the way these residential estates housing schemes are well planned and arranged, coupled with the provision of adequate infrastructural amenities as well as level of security. 

Another reason is also due to the high level of ownership genuniety of the estate schemes which goes a long way in discouraging any doubtfulness on the part of the buyers seeking for land and/or landed property in the estate schemes.

So today, I have decided to write on the various types of residential estates housing schemes that are found in Nigeria. The motive for writing this particular post is to expose and enlighten you on the different residential housing estates schemes available in Nigeria which will serve as a guide whenever you are contemplating or decides to acquire land and/or landed property for your accommodation needs.

The different types of residential estates housing schemes in Nigeria are:

1.      PUBLIC ESTATES RESIDENTIAL HOUSING SCHEMES

As the name implies, public estates residential schemes are those types of residential housing estate schemes been developed and constructed by government (State and Federal) for the masses mostly low-income earners and generality of the populace without any restrictions to who can acquire them.
Public estate schemes are of two types; namely; Site and Service residential estate schemes and Built-up residential housing estates schemes.

Site and Service residential public estate schemes are those types of public estate schemes where government (State and Federal) acquires large expanse of large for the sole purpose of dividing it into lots/units/plots to be allocated and sold to all those willing and interested in acquiring land for accommodation purpose. 

Also in the site and service residential public estate scheme, what government actually sells and allocates is the large expanse of bare land that has been surveyed and divided into different lots/units/plots to the masses who has applied to government for such estate scheme. 

Examples of site and service public estate schemes in Nigeria are: Isheri-North residential estate scheme, Abijo residential estate scheme, Banana Island estate, Ayobo residential housing estate, Ikeja GRA, Ogudu GRA, Magodo residential estate phase 1 & 2, Agbara residential estate, Sango-Ota Government Residential Area, etc

It is the sole responsibility of government to make provision for infrastructural amenities (tarred road, drainage system, electrification, drinkable water) in the estate scheme layout.

Built-up residential housing estate schemes on the other hand are those types of public estate schemes where government acquires large expanse of land and thereafter constructs different classes of residential accommodations (duplex, 1bedroom, 2bedroom or 3bedroom apartments) which are later sold to the general public.

Built-up residential public housing estate schemes could be high rise units of flats, detached houses, duplexes or roles bungalow structures.

Unlike the site and service public estate schemes, what government actually sells to people in built-up residential housing estates are the different classes of residential apartments/structures that have been constructed and sold per unit. 

Examples of built-up public housing estates in Nigeria are: The popular Jakande estates found in various parts of Lagos state, Festac Town estate, Millennium estates, MKO Gardens, LSDPC estates, Federal Housing Authority low cost housing estates found in all states of the federation.

The title documents which government gives to purchasers/applicants of public residential housing estate schemes in Nigeria are: Certificate of Occupancy, Deed of Assignment or Conveyance.

2.      PRIVATE ESTATE SCHEMES

Private estates residential housing schemes are those types of estate schemes been acquired, developed, advertised, sold and managed by private property development companies with the aim of generating income/profit for the company through the development of different kinds of residential estate schemes for the general populace. 

Just like the public estate schemes, private residential housing estate schemes are also of two: types (Built-up residential estates and Site and service residential estates) in Nigeria. 

Private built-up residential housing estate schemes are those types of private estate schemes where a private property development company acquires large expanse of land in any part of the country and thereafter develop or construct different classes of residential accommodation or apartments to be sold to people.
Examples of built-up private residential housing estates are: Amen estate, Eden garden estate, Hagar estate, etc

In selling any of the private built-up residential housing estates, the developer (property development company) of such estate embarks on massive marketing, rigorous awareness, purchase incentives, mortgage options and advertisement of the private estate scheme to people.

Most private residential housing estate schemes been developed by a property development company are mainly for investment purpose and usually of the same design, structure and finishes.

While site and service private residential housing estate schemes are those types of private estate schemes where a property development company acquires large expanse of land and thereafter divides it into lots/units/plots to be sold to the general public. 

In selling private site and service residential housing estate schemes to the public, the property development company who is the developer of the estate makes provision for different options for payment when buying the estate either through one-off direct payment option or installment payment option which is to be spread over certain period of time.

Unlike the public residential estates where provision of infrastructural amenities (Tarred road, street lights, drinkable water, drainage systems, etc) is the sole responsibility of the government, that of private residential housing estate schemes is not so as it is the responsibility of the property development company embarking on any site and service private residential estate housing scheme to provide for all the various infrastructural amenities in the estate.

Developers of some private residential housing estates stipulates the acceptable building design and structure to be constructed by all interested subscribers of their estates while some permits different designs of residential accommodations in their estates.

Title documents that can be issued to successful subscribers of any of these private estate residential schemes are either Deed of Assignment or Deed of Conveyance. 

Examples of private estate residential housing schemes are: Victoria Garden City (VGC) estate, Victory estate, Oakwood estate, UAPDC Estates, etc 

Subsequent management of the private residential housing estate scheme lies with the property development company who owns the estate.

3.      CORPORATE RESIDENTIAL ESTATE HOUSING SCHEMES

Corporate residential estate housing schemes is another type of residential estate scheme found in Nigeria. 

They are usually embarked upon by various multinational companies who are carrying out business activities in Nigeria. 

Most corporate residential estate housing schemes are usually in form of built-up residential apartments been constructed in a well organized and planned large expanse of land by corporate multinational companies to allocate various units to their staff workers in need of housing accommodation.

Corporate residential estate housing schemes are usually made up of different classes of built-up residential apartments which are specifically constructed to house and accommodate some staff workers of various multinational organizations carrying out business activities in Nigeria.

It is the multinational companies that provide all the various infrastructural amenities needed in the estate as well as the control, management and allocation of each unit of residential apartments.

The main distinction between corporate residential estate housing schemes is that while every other type of residential estate schemes are either acquired out-rightly, allocated, assigned or can even be disposed off, mortgaged and inherited, that of the corporate residential estate housing schemes are restricted to what can be done on them by the occupiers. This is largely due to the fact that corporate residential estate housing schemes are privately owned by multinational organizations whose management boards have developed such estates to basically cater for the accommodation needs of some of their staff workers. 

Some of the corporate residential housing estate schemes in Nigeria are: Chevron estate, Shell Quarters, Mobil estate, La’Farge estate, etc

4.      CO-OPERATIVE ASSOCIATION RESIDENTIAL ESTATE HOUSING SCHEMES

Co-operative association residential estate housing schemes are those type of estate schemes been developed and allocated to staff members of business organizations (Private, Public, Corporate etc) by the worker’s co-operative society/association of  such organization.

Co-operative association residential estate housing schemes are always in the form of site and service estate scheme where large expanse of land is usually acquired in the name of the business organization’s workers association and thereafter divided into different units/plots by the board of trustees of  the business organizations’ workers union. The units/plots of land are afterwards allocated to only the staff members/workers of the business organization’s co-operative society/association. 

To qualify for allocation of a plot of land in this type of residential estate scheme, any member of the business organization’s co-operative society/association must have contributed money through their salary and/or other employment incentives to the co-operative association’s residential estate housing scheme fund been floated by their business organization co-operative society before such staff member can even be considered for allocation of a plot of land in the estate scheme.

The development and management of co-operative residential estate housing schemes are usually taken care of by the business organization’s co-operative society/association of its workers/staff members. 

5.      INDIVIDUAL PRIVATE RESIDENTIAL ESTATE HOUSING SCHEMES

Individual residential estate schemes are the type of residential estates housing scheme where an individual personally acquires large expanse of land in his/her name and afterwards re-sells such large expanse of land to the general public in units/plots.

Some very rich individuals can even go as far as acquiring a large expanse of land and thereafter develop such land with the construction of different classes of built-up residential apartments so as to either sell or lease to people that can afford the sales or rental value of those built-up residential apartments.

While the management and provision of infrastructural amenities lies with the purchasers of the bare land sold in the individual private estate residential schemes or the government, other individual owners of these residential estate schemes takes it upon themselves to manage the estate scheme as well as provide infrastructural amenities.

Examples of individual private residential estate housing schemes are: Oluwa Ni’Sola estate, Adeniran Ajao Estate, Atunrashe estate, etc

6.      FAMILY RESIDENTIAL ESTATE HOUSING SCHEMES

This is the most popular type of estate schemes that is been acquired by people in Nigeria. 

It refers to all those large expanse of land that was owned by an individual in the olden days but which has been transferred now to the family members of such an individual.

Portions of the family land been transferred to each group of family members is thereafter named after such group of family members and afterwards sold to the general populace.

What anybody buying this type of residential estate housing scheme gets from the family land owners is a receipt of purchase and in some cases an agreement of transfer of their interest in the estate to the purchaser but this must be with the consent of the head of that family.

Majority of the family residential estate schemes in Nigeria are not well planned and which in turn have adverse negative effect on the arrangement and development patterns of land and/or landed properties been developed  in the estate scheme.

The management and provision of infrastructural amenities is most times embarked upon by the community development association (CDA) of landlords residing inside the family residential estate schemes which in turn also makes the level of infrastructural development to be very slow and stagnant. 

I hope with my explanations on the various types of residential estate housing schemes above, you are well equipped to choose the best option for yourself whenever the need to acquire/secure residential accommodation arises.

While you are contemplating on the best type of residential estate housing scheme most suitable for you, do not forget to seek the professional guidance and services of an Estate Surveyor and Valuer to assist you in this rigorous process.

ABOUT THE AUTHOR

Adeniyi Akinjiyan is a Higher National Diploma (HND) holder of Estate Management from the prestigious Yaba College of Technology, Yaba, Lagos state, Nigeria. He possesses a Professional Practice Certificate in Estate Surveying and Valuation from the Nigerian Institution of Estate Surveyors and Valuers (NIESV).

He is the principal consultant of Aakient Consultants Ltd, a highly progressive and consolidated property and construction project management company, which is committed to providing the highest level of professional services in meeting clients’ real estate needs.

Feel free to contact him at: aakientconsultants@gmail.com