There is a dangerous
proliferation of illegally acquired governor’s consents and certificates of
occupancy in circulation obtained with forged survey plans now in Lagos,
particularly in Lekki axis. Just in case, you are in doubt, then you need to be
informed that Lagos State Governor, Gov.
Babatunde Fashola revoked, withdrew and cancelled some governor’s consents in
Lekki based on fraud perpetrated on the survey plans sometimes ago. The
notice was published on 11th February, 2013 in Guardian newspapers.
This trend has
shattered lofty hopes of many potential land owners and property investors into pieces. The attending
and ‘unintended’ consequences are absolutely unimaginable and devastating. Many
think buying land/property with governor’s consent or certificate of occupancy
is a safe investment, only to later realize that their dream has turned into horrible
nightmare.
The banking industries are
also not susceptible to this fraudulent activity. As a matter of fact, banks are
most potentially vulnerable. Many of them have inherited bad loans and
irrecoverable debts as a result of illegally acquired governor’s consent or C
of Os obtained with fictitious survey plans, used by fraudsters to swindle
banks. This massive accumulation of bad loan has brought many banks to their
knees and their credit collection and recovery departments are fighting endless
legal battle in recovery. While some banks are gambling with their customers’ hard
earned money by granting huge loans without proper scrutiny of titled
documents, survey plans provided for loan facility, some are not aware of these
fraudulent activities. Failure of banks to cross examine survey plan (annexed governor’s
consent or C of O) to verify that it properly describes and defines the
property used as collateral has led to financial loss. As a matter of fact, many are engaged in a scheme in which they obtain
loans using illegally acquired titled documents (governor’s consent or C of Os)
obtained with forged survey plans. So much for that, that is a topic for
another article.
EXAMPLE
OF GOVERNOR’S CONSENT OBTAINED WITH FORGED SURVEY PLAN.
Recently, a client who is
wary of land scam and doesn’t want to invest his hard
earned millions on a bad property decided to contact us for a land verification exercise. The property is said to be free from
government acquisition in Orile-Ibamo village excision parcel A, and that it
has a governor’s consent, survey plan and other relevant documents. On
investigation in Alausa, and it was confirmed that the governor’s consent is indeed
in land records and registered. At this stage, it is widely believed that the
transaction can be concluded. The agent started engaging in high-pressure
selling tactics often emphasizing the need for quick action. Please, refuse to
be pressured to make an immediate decision. Generally, they steer you away from using a solicitor to handle the
deal and a surveyor to conduct site inspection and preliminary survey, arguing
that you don’t need added expenses.”You don’t need a surveyor when you
haven’t made payment for the land, do you?” Now it is time for surveyor to
conduct site inspection, to find out if the survey plan annexed to the
governor’s consent properly defines and describes the property. The property is along Emmanuel
Ibitolu street, Orile-Ibamo
village Off Ado-Badore road, Eti-Osa Local Government Area, Lagos State.
After I carried out site
inspection as the surveyor (representing the buyer), I discovered a ‘misrepresentation’ on survey plan. The
property is presently within government
acquisition and not free as claimed
on survey plan. For this reason, the so called governor’s consent is as
good as invalid and illegal because a forged
survey plan had been used to obtain it. The property is not within the perimeter
of land released by government in Orile-Ibamo village excision parcel A .It
means coordinate of somewhere else that is free from government acquisition had
been used to prepare survey plan for this property, which is not free from
government acquisition. This is a clear
case of fraud, a false representation that deceives and intended to deceive
another so that the individual will act upon it for his or her injury. Those
documents have been designed to mislead and made with intent to deceive the victim.
There is danger in rushing to purchase a property because it is said to have a
titled document without thorough verification.
FIG 1: SURVEY PLAN WITH FALSE REPRESENTATION OF PROPERTY USING
FICTITIOUS COORDINATES.
FIG
2: FRONT PAGE OF DEED OF ASSIGNMENT
FIG 3: LOCATION MAP
SHOWING ACTUAL LOCATION OF PROPERTY (RED)AND MISREPRESENTATION (BLACK) OF
PROPERTY WITHIN EXCISION.
FIG 4: LAGOS STATE
OFFICIAL GAZETTE DESCRIPTION FOR ORILE IBAMO VILLAGE (PARCEL A).
We informed the seller
about this mischievous act, he could not believe his ears. In his disbelief, he
contacted the wicked quack surveyor, who he said has a shopping complex along
Addo road. He later told us that, after the quack surveyor had been informed
about this fraud and dishonesty that the man could not deny it and he has ever
since refused to answer his calls. What is most painful is that the owner has
bought 5 other plots in that neighborhood through this wicked fraudulent man
and collected millions of naira for processing the governor’s consents using
forged survey plans. He asked for our assistance to find out status of other
properties. Behold all the 5 plots are government acquired lands! This is just
a possible awful consequences of using unskilled, untrained, illiterate omonile
surveyor to carry out your survey because you think their charges are cheap. It
is not cheap; it is actually expensive given the injury and financial tragedy
that come with this disservice.
However bad you think
land scam is, it is even worse. Here is a diligent man who had invested his
entire gratuity buying landed properties .Now; he wants to pay for his children
school fees who are studying abroad. It is really heart breaking and what an awful
situation! This is one of many possible outcomes of land scams.
Most Nigerians don’t
have a huge stock portfolio, large savings accounts or private jets. For most,
having a piece of land to go with is their little piece of God’s green Earth.
Having a landed property remains the greatest treasure that most people consider
as personal dreams. Unfortunately, many have laboured so hard during their active
years to achieve this personal lofty dream only for their hopes to be dashed
into pieces with fictitious survey plans drawn up intentionally to mislead land buyers and commit what most people
understand to be fraud-intentional misrepresentation or concealment.
Unfortunately, intentionally misleading
someone to their ultimate detriment is not only fraud but might lead to
“unintended consequences”.
FIG
5: ILLEGALLY ACQUIRED GOVERNOR’S CONSENT USING FORGED SURVEY PLAN.
HOW
TO PROTECT YOURSELF FROM BUYING PROPERTY WITH FRAUDULENT TITLE?
Being aware that land
scam is real and how they work is usually not enough. Land fraudsters tend to
target unsuspecting clients, so if you are on look out for them, you are far
less likely to fall victim.
a)
Approach every property sale with
caution, regardless of how that contact is made.
b) Get
an experienced property lawyer to thoroughly investigate ownership and handle transaction.
c)
Get to confirm the titled documents
(governor’s consent or C of O) in
Land
Registry.
d)
Consult an honest registered surveyor to inspect property
i.
To find out status of property.
ii.
To
find out if survey plan annexed to
titled document properly defines and describes the property.
iii.
To
possibly determine size (area) of property. This is to ensure you get value for
your money.
e)
Insist on getting all information about land sale before you agree to buy property.
f) Resist high pressure sales tactics.
Agent pushes you to buy quickly, giving you ‘warnings’ about competition from
others buyers or rising prices.
g) There is no small issue concerning
any land matter, it is usually bigger than it literally seems to be. It is also
important and good practice to meet actual owner of property before payment.
As a point of principle, when buying property,
always seek advice from independent parties- i.e. someone not acting for the seller.
Get
an experienced property lawyer and surveyor. I just can't begin to state how
important it is to have competent, honest and qualified professionals working
on your behalf.
Getting
a site inspection survey at the time of purchase can save time, money and
protect you from having bad investment
in long run. The
importance of a land survey inspection before you make the most important
financial decision of your life has never been greater. No one can locate your property boundaries on
the ground, map and certify that location except for a registered land
surveyor.
Contact us (ordinance concept)
today to verify status of that land and land documents before buying Mobile:08037046468, 08028541100,email:
ordinanceconcept@gmail.com Verify that land before buying it. Don’t be lured
into buying properties with fake documents. Many have lost their entire life
savings due lack of a proper land verification. Getting a land
verification exercise at the time of purchase can save you from a lifetime
tragedy. Be warned!!!
Don’t entrust your most valuable asset, your real property to chance...
ABOUT THE AUTHOR
Folarin Noah is a Registered Surveyor in private practice in Lagos. He exposes frauds and scams in property market and dedicates his time to provide solutions to real property needs of landowners and continuing education to clients and professional service providers in land matters as it relates to surveying.
Email address:ordinanceconcept@gmail.com or follynoa@yahoo.co.uk,
landsurveymatters@gmail.com
Mobile: +2348028541100,+2348037046468 ,PIN 7A45A7E3,
