HOW TO ENSURE THAT MY PROPERTY OR PROPERTY DOCUMENTS IS SAVE FROM FRAUDSTER.

Interests and transactions in property are a major sector of the Nigerian economy. Many Nigerians desire to own property to meet the need for shelter, as means of investment and as symbol of status. Government, over the years, has also, through various policies and legislation, like the Land Use Act 1978 and The Constitution of the Federal Republic of Nigeria, 1999 created modalities for the ownership and acquisition of Land interests in Nigeria.

WHAT IS PROPERTY?

According to Black’s Law Dictionary, 8^th Edition, Property is the right to possess, use and enjoy a determinate thing, either a tract of land or a chattel; the right of ownership. In simpler terms, Property is the right of a person to something tangible and physical, such as a parcel of land.

Generally, there are two types of property: Real Property and Personal Property. Real Property is basically land and anything erected on, growing on, or affixed to it, including, building and crops. The term is also used to declare any rights that issue from ownership of land. The term, land, in its general usage includes not only the face of the earth but everything of a permanent nature over or under it, including, mineral, oil and gas. Personal property, on the other hand, is anything other than land that can be subject of ownership, which are stock, money, notes, patents and copyright. Personal property is also referred to as movable property.

The importance of property to man and its protection has elicited different theories of law and statutory rights from time immemorial. By extension, the ownership of property, which is a civil right, is regarded as part of every individual's fundamental right which is enshrined in Part IV of the 1999 Constitution.

HOW CAN I PROTECT MY PROPERTY/PROPERTY DOCUMENTS?

There are different ways through which an individual who has acquired a property can protect it from fraudsters. To protect your property whether real or personal, some basic ‘street smartness’ may be employed. Just as you buy a book and write your name on the cover, putting some form of identity mark on your car or land would go a long way to help. Such identity mark would put notice on passers-by on the ownership of such property. When you buy a land, a simple sign post saying ‘THIS LAND BELONGS TO TAJUDEEN SUMONU, BUYERS BEWARE would go a long way to help. You may also build a fence around your parcel of land, marking your territory or leave a heap of sand or truck full of granite evincing occupation. If it is a car, inscribing the chassis number or registration number of the car on specific parts of the car like the tire rims are little things that can help to prove ownership in case of theft.

Another point is that, property documents should be kept safe, away from the prying eyes of strangers. They should not be lying fallow for just anyone to pick. In the case of landed properties, documents showing ownership should be registered. This registration creates an automatic presumption of land ownership in case of a dispute.

 A land or property owner should also be vigilant. A man cannot leave his house for his servant to live in and run for many years only to come back to claim ownership. Even his neighbors may testify against his ownership because he is not known as the owner. If you own a land and you put someone else to live in it and take charge of it, make sure you continually collect rent from such a person, no matter how small the amount. Such rent is the acknowledgement of your ownership and in case of dispute; the receipts of rent paid over the years would be strong evidence in your favour.

Specifically, when you buy a landed property,

i. Make sure there is a valid written contract. To know the difference between a valid and invalid contract, you will need the assistance of a lawyer as different terms of contract may apply to different subject matters.

ii. Endeavour to sign such contracts in the presence of witnesses; there is a stronger presumption of validity of such contract if it is attested to.

iii. Ensure you perfect the title transferred to you via the contract of sale or else the title may not really pass to you. There are three stages to perfection of title:

a. Governor's Consent: Ensure the Governor's consent is obtained concerning sale/purchase of land. The Land Use Act 1978 has vested all land in the Governor of the state; hence, no transaction can occur on a land without the consent of the Governor. So, if the Governor's consent is not obtained on the land you are claiming you own, you may simply have a contract of the sale of the land to you and not really have the land.

b. Stamping: The contract document must be stamped at the registry after the payment of stamping fees. Laws that govern stamping include the Stamp Duties Act and Land Use Act.

c. Registration: This is done at the Land Registry of the state, the transaction and transfer of title would be registered.

  Taking these afore-mentioned steps and abiding by all the afore-stated procedures, your title to property, whether personal or real can hardly be denied.