Purchasing a property, whether land or a house, is a significant investment, and as a buyer, it is essential to protect your interests by ensuring that all legal documents are in order. Engaging a qualified real estate lawyer is strongly recommended to guide you through the process and ensure that all documents are valid and correctly executed. The following documents are typically required when acquiring a property:
1. Purchase Receipt
A purchase receipt is a formal acknowledgment of payment made for the property. This receipt serves as proof that the buyer has made a payment to the seller, confirming the buyer’s intention to acquire the property. It may also be required in cases where there is a dispute over ownership or payment. This document should clearly indicate the details of the transaction, including the buyer’s and seller’s names, the date of the transaction, and the amount paid.
2. Registered Survey Plan
A registered survey plan is an essential document that outlines the exact boundaries and measurements of a piece of land. It helps confirm the physical dimensions and location of the property. The survey plan is typically prepared by a registered surveyor and must be lodged with the Surveyor General’s office of the state where the land is located. The Survey Plan is critical for confirming that the property being sold is the same one being transferred to the buyer, and it helps prevent future disputes regarding boundaries or encroachments.
3. Deed of Assignment
The Deed of Assignment is a legal document that transfers ownership of the property from the seller to the buyer. This document serves as proof of the transfer of title. It contains key details such as the names of the buyer and seller, and the description of the property. It is important that the Deed of Assignment is duly signed and witnessed to ensure that it is legally enforceable.
4. Certificate of Occupancy (C of O)
The Certificate of Occupancy (C of O) is one of the most important documents you can acquire when purchasing land. It is issued by the state government and signifies that you have the legal right to occupy and use the land. The C of O is a government-issued document that serves as proof of legal ownership and provides protection against unlawful eviction or dispute over land ownership.
5. Approved Building Plan (if a house)
If the property being purchased is a house, the Approved Building Plan is an essential document that shows the design and structure of the property as approved by the local authorities. This plan confirms that the building complies with local zoning laws, building codes, and safety standards. It is important to ensure that the actual construction matches the approved building plan, as discrepancies could lead to legal issues or problems. If the building is still under construction, obtaining an approved building plan helps to verify that the construction is being carried out legally and according to the specified regulations.
6. Other necessary documents
Depending on the property, there may be additional documents that should be received, including but not limited to:
– Tax Clearance Certificate of the seller: It may be required for perfecting the sale.
– Letter of Administration or Probate Grant (in cases of inheritance): If the property was inherited, a Letter of Administration or Grant of Probate may be required to confirm that the seller has the legal right to sell the property.
– Estate Survey (if applicable): In cases where the property is part of a larger estate or development, an estate survey may be required to confirm the ownership and proper demarcation of the individual parcel being sold.
It is important to engage a real estate lawyer to help review these documents and to ensure that all legal procedures are followed. The lawyer will also help ensure that there are no hidden encumbrances or issues related to the title and that the transaction is completed in full compliance with the law.
Disclaimer: This information is provided for general informational purposes only and is not intended as legal advice. Always consult a qualified real estate lawyer for guidance on property transactions.