Home The Law and You Acquisition Of Land On A Faulty Agreement- A Loophole For Fraud

Acquisition Of Land On A Faulty Agreement- A Loophole For Fraud

89

By S.O. Giwa Esq

It is no news that the preparation of land sale agreements for parties to the land sale transaction is not an exclusive act to legal practitioners in Nigeria. Without mincing words, many Nigerians prefer the preparation of their land sale agreements by lawyers to non-lawyers for reason best known to them.

Research shows that copy-cat approach under the disguise of using precedent for a draft of new agreement for sale of land is the ubiquitous practice of many lawyers including non-lawyers in preparing the land sale agreements for the execution by the parties.

One keeps wondering if the facts in the sale of land in Nigeria are one and the same for the use of a precedent on a land sale agreement prepared by another lawyer for many years or months to be resorted to hook line and sinker.

Further reading through some executed agreements by some parties on the sale of some pieces of land evinced that the preparation of those agreements are faulty for want of detailed facts which agreements for the land sale are to contain and state clearly for the agreement to speak for itself on the detailed information required.

It is against the foregoing that this piece is written with a view to discussing five (5) fundamental parts of the land sale agreement which required detailed information in an agreement and stating their importance in an agreement to assist young lawyers and any interested senior lawyers who are desirous of broadening their horizons and adding to their repertoire.

What then is a land purchase agreement?

A Land Purchase agreement is a formal contract by which a vendor agrees to sell, and the purchaser agrees to buy a piece of land under specific terms and conditions spelled out in writing in the agreement signed by both parties. It is the preliminary document that must be prepared and signed by parties when a vendor wishes to sell a piece of land to the purchaser.

Flowing from the definition that a land sale agreement is the reduction of terms and conditions agreed thereto by the parties into writing and consequently executed by the parties is the fact that for an agreement to evidence a sale of any piece of land by any person who claims to be the owner of the sold land, the executed document which termed to be a land sale agreement must spell out in details the required elements of agreement to avert any loophole for fraud.

It is important to say here that many documents which many buyers of land hold on to as land sale agreements are either bereft of detailed description of the vendors vis-à-vis the detailed vendors’ residential addresses to which the vendors could be traced to in the event of a challenge to their titles to land that were transferred to the buyers or brief details about the land and how the vendors’ titles to the land were derived. What then are the five (5) fundamental parts of land sale agreement?

The five (5) fundamental parts of agreement are:

PARTIES CLAUSE

A land purchase agreement is created when two parties deal with each other and these parties are VENDOR and PURCHASER. Under this clause, the land sale agreement must contain the full details of the vendor and the purchaser, such as names and addresses. It is noteworthy that there is no rule or law restricting the description of parties to an agreement to the vendor and the purchaser. The description of parties depends on agreement to be prepared. Where the agreement is a Deed of Transfer, parties are described as transferor and transferee respectively. Also, where the document is for assignment, parties are described as Assignor and Assignee. All that is needed to be borne in mind in describing the parties under this clause is that the description of parties vis-à-vis names and addresses must be in details. For example, the description of vendor hereunder is fundamentally defective and gives chance for fraud.

‘ThIS AGREEMENT is made this … Day of …………, 20…. BETWEEN Mr. Olaiya a.k.a. Ogbonpo’ of Ashi Bodija, Ibadan Oyo State hereinafter referred to as the ‘VENDOR’

From the description of the vendor in the above, it is an indisputable fact that the vendor’s name given as Mr. Olaiya a.k.a Ogbonpo and his address ‘Ashi Bodija, Ibadan, Oyo State is not detailed enough to trace the vendor if need be and such description is not only faulty but also creates loophole for fraud which must be guided against in an agreement for a sale of land.

Besides the parties clause discussed above is the RECITAL CLAUSE which is the most fundamental clause in an agreement for the sale of land. The recital clause in the land sale agreement states the brief details about the land and how the vendor derived his claimed title to the land. It is under the recital clause in an agreement that the explanation of how the vendor became the owner of the land which he is disposing of is given.

Research has also shown that many agreements for the sale of land are found wanting under this recital clause. Fortifying the writer’s submission are the below paragraphs curled out under the recital clause of an agreement that has been fully executed for many years back in respect of a piece of land.

‘WHEREAS

THE Vendor became seised of a piece or parcel of land measuring one acre, situate, Iying and being at ……………………. Village, Moniya, Akinyele local Government Area, Ibadan, Oyo State of Nigeria by purchase from XXY.
The purchase recited above is free from any encumbrances.
The vendor has agreed to sell and did sell and the Purchasers have agreed to buy and did buy 1 plot of land out of the said one acre, situate and being at …………………….. Village, Moniya, Akinyele Local Government Area, Ibadan, Oyo State of Nigeria for a consideration to be hereinafter stated.’
It is not in doubt that some readers may want to argue that the brief details of the land in question and how vendor became the owner of the land were given in the above paragraphs. The questions to pose to quench the thirst of arguments are:

Was there detailed address of the XXY from whom the vendor bought the land given?
Was the year which XXY bought the land provided?
Was any reference to any land sale agreement for the purchase of the land by XXY made in any of the paragraphs?
Are paragraphs 2 and 3 reproduced above the expected details required under the recital clause?
It is the writer’s stand that the answers to all the above questions are in negative as the quoted paragraphs under recital clause of that agreement run contrary to the required details of how the vendor’s title to the land was derived that are expected to be stated under the recital clause.

It is also noteworthy that the purpose of the required detailed explanation of how the vendor became the owner of the land which he/she is disposing of under the recital clause is that a recital clause provides the reader with a general idea about the purpose of the contract, the parties involved, and why the parties signed the agreement. Also, the recital clause in an agreement not only plays a valuable role in helping third parties entering into, or reviewing, the agreement later in time to understand the source of vendor’s title to the land in question but also serves as first point of reference in preparing pleading in a litigation in respect of the land. Hence, the recitals are the preamble to the land sale agreement.

It is also noteworthy that there is no prescribed format for drafting recitals, but they typically contain concise statements of fact, describing key circumstances and details relevant to the establishment of the contract of sale of land. Expressions of intent and references to any related contracts may also be included under recital clause.

Next to the Recital Clause is the PURCHASE PRICE/CONSIDERATION CLAUSE

which is also an essential element of the land purchase agreement. Under this

clause, the method of payment of the purchase price must be equally mentioned

as stating that under that clause would avert any denial of the receipt of money

for the sale of the land. The below specimen may be of help.

‘That pursuant to the foregoing having been reached between the VENDOR and the PURCHASER and in consideration of the purchase price of TWO MILLION, TWO HUNDRED AND FIFTY THOUSAND (N2, 250,000.00) NAIRA ONLY paid by the PURCHASER to the VENDOR through ……………….(insert the name) via electronic transfer in thre instalments into his account number ……………… with Guaranty Trust Bank (GTB) on 11th day of March, 2021, 29th day of March, 2021 and 13th day of March, 2021 respectively for the purchase of five acres of land described in this document as the PURCHASED LAND’. The VENDOR hereby acknowledges the receipt of same and a receipt number …….dated …….. was issued to ……………….(insert the name) for the sale of ‘Purchased land’.

Besides the aforementioned clauses discussed above is COVENANTS/ INDEMNITY CLAUSE wherein the vendor and the purchaser must undertake specific responsibilities under the land purchase agreement. It is pertinent to note that not only the vendor that must agree to indemnify the purchaser against all claims, demands, disturbance, or interruption, which may arise from any defect in the vendor’s rights or title to the land, the buyer must also undertake to make the full payment for the land if the purchase price is to be paid on instalments. The buyer must also undertake to abide by all other covenants stipulated in the agreement. The below specimen may be of help

‘‘The VENDOR shall indemnify the PURCHASER against any defect arising out of title to the said land which may militate against peaceful and undisturbed occupation of the ‘Purchased land’ and the PURCHASER shall be entitled to a refund of the purchase price and all other damages arising from defect which deprive the PURCHASER’S peaceful and undisturbed enjoyment of the aforesaid land.

The VENDOR with the object and intention of offering to the PURCHASER a full and sufficient indemnity hereby covenants that the ‘Purchased land’ hereby sold, transferred and assigned will be quietly enjoyed by the PURCHASER and his/her successor-in-title without any hindrance or interruption by the VENDOR or any person(s) claiming through the ownership thereof and that the VENDOR if called upon to do so will at the request of the PURCHASER or any person(s) deriving title under his/her authority do all such lawful assurances and things particularly with regard to seeking and obtaining of the consent and approval of the local government or any other approving authority for further and more perfectly assuring the property hereby sold to the PURCHASER as shall be reasonably required.

The VENDOR further covenants with the PURCHASER to keep perform and observe all the covenants, terms and conditions herein before appearing and to execute further or other documents as may be necessary and required in order to complete the conveyance of the said land in favour of the PURCHASER.’’

Lastly, a termination clause must also be expressly stated the mode of termination of the agreement where one of the parties defaults under any terms agreed upon in the agreement.

It is important to conclude this piece by saying that there is no cast in stone that the preparation of a land sale agreement must be done by the vendor’s lawyer.

It is hereby advised that much as facts of two cases cannot be the same, so also agreements of sale of two different land by different vendors cannot be the same.

Finally, it is the writer’s stand that a land sale agreement which fails to have detailed information stated in any of the five fundamental parts of it gives room for being defrauded by Fraudsters.

The writer finally urges the young lawyers to feel free to interact with other colleagues or seniors for any grey area in their practice of law and lawyers should always remember that no one knows it all.

Written By S.O. Giwa Esq. a.k.a pentalk (Ibadan based Legal Practitioner) giwa_pentalk@yahoo.com, 08035224192

RELATED ARTICLES

89 COMMENTS

  1. Hello there, just became alert to your blog through Google, and found that it is
    really informative. I am gonna watch out for brussels.
    I’ll be grateful if you continue this in future.
    Many people will be benefited from your writing.
    Cheers!

    my webpage … Moshe

  2. Wonderful goods from you, man. I have understand your stuff previous to
    and you are just too great. I really like what you have acquired here, really like
    what you are stating and the way in which you say it.
    You make it enjoyable and you still take care of to keep it wise.
    I cant wait to read much more from you. This is actually a tremendous
    site.

    my web site; zixuezikao.cn

  3. Hey just wanted to give you a quick heads up.

    The text in your article seem to be running off the
    screen in Firefox. I’m not sure if this is a formatting
    issue or something to do with web browser compatibility but I
    figured I’d post to let you know. The design and style look great
    though! Hope you get the problem fixed soon. Many thanks

    My website – https://seotot.edu.vn/personal-details

  5. Thanks , I’ve recently been searching for info about this topic
    for a long time and yours is the best I have discovered till now.

    However, what about the conclusion? Are you certain about the supply?

    My web-site: discuss

  8. You are so awesome! I don’t think I have read through something like this before.
    So good to discover someone with unique thoughts on this subject matter.
    Seriously.. thank you for starting this up. This site is one thing that’s needed on the internet, someone
    with a bit of originality!

    Here is my web page cutt.ly

  10. Hi there, You’ve done an incredible job. I will certainly
    digg it and personally suggest to my friends. I’m sure they’ll be benefited from this website.

    Review my web page; historydb.date

  11. Just desire to say your article is as astounding.
    The clarity in your post is simply excellent and i could assume you’re an expert
    on this subject. Fine with your permission allow
    me to grab your feed to keep updated with forthcoming
    post. Thanks a million and please carry on the enjoyable
    work.

    Feel free to surf to my web page discuss

  12. I do not know if it’s just me or if perhaps everyone else experiencing problems with your blog.
    It appears as if some of the written text within your posts are running
    off the screen. Can someone else please provide feedback and let me know if this
    is happening to them too? This may be a issue with my browser because I’ve had this happen previously.
    Many thanks

    Look at my homepage :: http://www.buqima.com/space-uid-507058.html

  13. Please let me know if you’re looking for a article author for your
    blog. You have some really great posts and I think I would be a good asset.
    If you ever want to take some of the load off, I’d love to write some articles for your blog in exchange for
    a link back to mine. Please blast me an email if interested.

    Thanks!

    Here is my webpage dsred.com

  14. Pretty part of content. I just stumbled upon your site and in accession capital to assert that I get in fact
    loved account your blog posts. Any way I’ll be subscribing for your feeds and even I fulfillment you access persistently quickly.

    Also visit my blog post; Www2s.biglobe.ne.jp (www2s.biglobe.ne.jp)

  15. Wow that was strange. I just wrote an really long comment
    but after I clicked submit my comment didn’t show up.
    Grrrr… well I’m not writing all that over again. Anyhow, just wanted to say superb blog!

    Look into my website – 230news.com

  17. Hmm it seems like your website ate my first comment (it was super long)
    so I guess I’ll just sum it up what I wrote and say, I’m thoroughly enjoying your blog.
    I as well am an aspiring blog writer but I’m still new to the whole
    thing. Do you have any tips for beginner blog writers?
    I’d really appreciate it.

    Look into my web blog – http://xn--101-8cd4f0b.xn--p1ai/user/pearbudget6/

  22. Hi there, just became aware of your blog through Google, and found that it’s really
    informative. I’m gonna watch out for brussels. I will appreciate if you continue this in future.
    A lot of people will be benefited from your writing. Cheers!

    Check out my blog post: discuss

  24. Definitely imagine that which you stated. Your favorite reason appeared to be on the internet the simplest thing to
    take note of. I say to you, I certainly get annoyed whilst other people
    consider issues that they plainly don’t know about.

    You controlled to hit the nail upon the top and defined out the whole thing with no need side effect , other
    folks could take a signal. Will probably be again to get more.

    Thank you

    Here is my website https://www.knittingsell.com/author/tomatokite56/

  25. You really make it seem really easy along with your presentation however I in finding this topic
    to be actually one thing which I feel I’d by no means understand.
    It kind of feels too complex and extremely vast for me.
    I’m taking a look forward for your subsequent put up, I’ll attempt to get the grasp of it!

    My site – http://0123zx.com/home.php?mod=space&uid=321557

  26. I think everything composed made a lot of sense. But, what about this?
    what if you added a little content? I ain’t saying your content isn’t solid,
    but what if you added a headline that makes people
    want more? I mean Acquisition Of Land On A Faulty Agreement- A Loophole For Fraud – Law and Society Magazine.
    is a little vanilla. You should peek at Yahoo’s front page and see
    how they create post titles to grab people interested.
    You might add a video or a related picture or two to grab people interested about what you’ve got to
    say. In my opinion, it could make your blog a little bit more interesting.

    Also visit my blog https://ai-db.science/wiki/10_Lifesaving_Tips_About_Minecraft_Net_Download

  27. Definitely imagine that that you said. Your
    favourite reason seemed to be on the web the easiest thing to be mindful of.
    I say to you, I certainly get irked at the same time as other folks think
    about worries that they plainly don’t recognise about.
    You controlled to hit the nail upon the highest and also outlined out the entire thing with no need
    side effect , people could take a signal. Will likely be back to
    get more. Thank you

    My web site; https://biosnab.com/user/easebabies1/

  28. Hey There. I discovered your blog the use of msn. That is a really neatly written article.
    I will be sure to bookmark it and return to read extra of
    your helpful info. Thanks for the post. I will definitely return.

    Here is my web site – muzeybiruch.ru

  29. An outstanding share! I’ve just forwarded this onto a co-worker who was conducting
    a little homework on this. And he actually ordered me lunch
    because I found it for him… lol. So allow me to reword this….
    Thank YOU for the meal!! But yeah, thanks for
    spending some time to discuss this subject here on your blog.

    my web blog :: sganswer.net

  30. Greetings from Carolina! I’m bored to tears
    at work so I decided to check out your site on my iphone during lunch break.

    I really like the knowledge you provide here and can’t wait to take a look when I get
    home. I’m shocked at how fast your blog loaded on my mobile ..
    I’m not even using WIFI, just 3G .. Anyways, awesome site!

    Also visit my web site – http://www.seawater1688.com

  31. Hey! Quick question that’s completely off topic.
    Do you know how to make your site mobile friendly?
    My blog looks weird when browsing from my iphone 4.
    I’m trying to find a theme or plugin that might be able to correct this problem.
    If you have any suggestions, please share.
    Thank you!

    My web-site; http://www.blurb.com

  32. Thanks for a marvelous posting! I certainly enjoyed reading it,
    you might be a great author.I will ensure that I bookmark your blog and may come
    back in the foreseeable future. I want to encourage you continue your great work, have a nice weekend!

    Feel free to visit my webpage … https://sbank-gid.ru/user/potatohelium6/

  34. I’m not sure the place you’re getting your
    info, but good topic. I must spend a while finding out
    much more or working out more. Thank you for magnificent info I used to be on the lookout for this info for my mission.

    Feel free to visit my web-site … servers.org.ua

  36. I take pleasure in, lead to I found just what I used to be taking a look for.
    You’ve ended my four day lengthy hunt! God Bless you man. Have a great day.
    Bye

    Also visit my web site: discuss

  38. Asking questions are genuinely nice thing if you
    are not understanding something totally, however this article provides good understanding even.

    Also visit my page; moftree.cn

  41. Hello there, You have done a great job. I will certainly digg it and personally recommend to my friends.
    I’m sure they’ll be benefited from this site.

    Feel free to surf to my blog post; wikidot.win

  43. Howdy are using WordPress for your site platform?
    I’m new to the blog world but I’m trying to get started and create
    my own. Do you need any coding knowledge to make your own blog?
    Any help would be really appreciated!

    My web blog; 0rz.tw

  44. Hi would you mind letting me know which webhost you’re working with?
    I’ve loaded your blog in 3 completely different internet browsers and I must say this blog loads a lot quicker
    then most. Can you suggest a good internet hosting provider at a fair price?
    Cheers, I appreciate it!

    Have a look at my site: picktocar.com

  48. May I simply say what a comfort to discover somebody
    who really knows what they’re talking about on the internet.
    You certainly understand how to bring a problem to light and
    make it important. A lot more people should read this and understand this side of the
    story. I can’t believe you’re not more popular because you most certainly
    possess the gift.

    Look at my web site http://www.glonetchurch.org/xe/?document_srl=1234618

  50. Wow, fantastic weblog format! How long have you ever been running a blog for?
    you make blogging look easy. The whole glance of your
    website is magnificent, let alone the content!

    my web page: sp-filya.ru

  51. Hello just wanted to give you a brief heads up and
    let you know a few of the images aren’t loading properly. I’m not sure why but I think its a linking issue.
    I’ve tried it in two different web browsers and both show the
    same outcome.

    Here is my webpage: http://gticlub.lv/user/nursemonkey9/

  52. Hey there! I understand this is somewhat off-topic
    however I had to ask. Does building a well-established blog like yours require a
    lot of work? I am brand new to running a blog but I do write in my journal
    daily. I’d like to start a blog so I can share my own experience and views online.
    Please let me know if you have any kind of suggestions or tips for
    brand new aspiring bloggers. Appreciate it!

    Also visit my web site … https://www.fcc.gov/fcc-bin/bye?https://anotepad.com/notes/97dwhaec

  55. After looking into a handful of the blog posts on your site, I really like
    your way of blogging. I book marked it to my bookmark site list and
    will be checking back soon. Take a look at my web site
    too and let me know how you feel.

    Here is my blog post qx.dz169.com

  60. I have been exploring for a bit for any high-quality articles or blog posts on this kind of house .
    Exploring in Yahoo I eventually stumbled upon this site.

    Reading this information So i’m satisfied to express that I have an incredibly excellent uncanny
    feeling I discovered just what I needed. I so much for sure will
    make certain to don?t disregard this website and provides it a look
    regularly.

    My homepage: http://servers.org.ua/user/vacuumdragon9/

  61. That is a very good tip especially to those new to the blogosphere.

    Short but very accurate information… Thank you for sharing this one.

    A must read post!

    Feel free to surf to my blog post :: Dadresi.Com

  62. Hi great blog! Does running a blog such
    as this take a lot of work? I’ve no knowledge of computer
    programming however I had been hoping to start my own blog
    in the near future. Anyhow, if you have any suggestions or techniques for new blog owners please share.
    I know this is off topic however I simply needed to ask.
    Many thanks!

    My site; http://www.blurb.com

  64. Howdy would you mind letting me know which web host you’re using?
    I’ve loaded your blog in 3 different internet
    browsers and I must say this blog loads a lot quicker then most.
    Can you recommend a good hosting provider at a honest price?
    Thanks a lot, I appreciate it!

    my site … http://www.fcc.gov

  65. Oh my goodness! Amazing article dude! Thank you, However I am having difficulties with your
    RSS. I don’t understand the reason why I can’t subscribe to it.
    Is there anybody having identical RSS problems? Anybody who knows the solution can you kindly respond?
    Thanx!!

    Here is my web-site; 4exn.com

  66. Hey excellent blog! Does running a blog like this take a large amount of work?
    I have absolutely no understanding of coding however
    I had been hoping to start my own blog soon. Anyway, if you
    have any ideas or techniques for new blog owners
    please share. I know this is off topic nevertheless I simply wanted
    to ask. Thanks a lot!

    Also visit my blog; classificadoscambe.com.br

  68. Admiring the time and energy you put into your site and
    detailed information you present. It’s awesome to come across a
    blog every once in a while that isn’t the same old rehashed information. Great read!

    I’ve bookmarked your site and I’m including your RSS feeds to my Google
    account.

    Also visit my web page; http://www.swanmei.com

  69. I needed to thank you for this very good read!!
    I definitely loved every little bit of it.
    I’ve got you bookmarked to look at new things you
    post…

    my web-site … coderwall.com

  70. First off I would like to say excellent blog! I had a quick question which I’d like to ask if
    you don’t mind. I was interested to find out how you center yourself and clear your mind before writing.
    I’ve had a tough time clearing my mind in getting my thoughts out there.
    I truly do enjoy writing however it just seems like the first 10 to 15 minutes are usually wasted simply just trying to figure out
    how to begin. Any ideas or hints? Kudos!

    my web page :: http://www.aikidotriage.com

  73. Hmm is anyone else encountering problems with the pictures on this blog loading?
    I’m trying to find out if its a problem on my end or if it’s the blog.
    Any suggestions would be greatly appreciated.

    Look into my web blog: beastlored.com

  75. I’ve been exploring for a little bit for any
    high quality articles or weblog posts in this kind of
    space . Exploring in Yahoo I finally stumbled upon this website.
    Studying this info So i am glad to express that I’ve an incredibly excellent uncanny feeling I found out exactly what I needed.
    I such a lot surely will make sure to don?t fail to
    remember this website and provides it a glance regularly.

    My web page; http://tanhua99.com/home.php?mod=space&uid=6222546

  78. Just desire to say your article is as astonishing.
    The clearness in your post is just excellent and i can assume you are an expert on this subject.
    Fine with your permission allow me to grab your feed to keep updated
    with forthcoming post. Thanks a million and please continue the rewarding work.

    Also visit my web-site http://www.ted.com

  80. I just like the helpful information you supply on your articles.
    I’ll bookmark your weblog and take a look at once more right
    here regularly. I am fairly sure I will be told plenty of new stuff right here!
    Good luck for the following!

    my website https://dribbble.com/cirruswhale7

  82. I love what you guys are up too. This kind
    of clever work and coverage! Keep up the awesome works guys I’ve added you
    guys to my blogroll.

    Here is my web-site: discuss

  84. Every weekend i used to pay a quick visit this site, because
    i want enjoyment, since this this web page conations genuinely pleasant funny stuff
    too.

    Here is my website :: squareblogs.net

  88. Excellent website you have here but I was curious about if you knew of any community forums that cover the same topics discussed in this article?
    I’d really like to be a part of group where I can get advice from other knowledgeable people that share
    the same interest. If you have any recommendations, please let me
    know. Kudos!

    Visit my homepage: http://ttytcauke.vn/Default.aspx?tabid=120&ch=103850

LEAVE A REPLY

Please enter your comment!
Please enter your name here

© Copyright -2020 Law and Society Magazine
Exit mobile version