Legal Wisdom for Land Buying

I bought a piece of land few years ago, paid in full, I was issued with receipts and other title documents. I took possession of the land immediately. I later prepared and signed the Deed of Assignment.

Several years later, one Mr. Badmos suddenly appeared with a Certificate of Occupancy (C of O) covering the same piece of land.

The said Mr. Badmos challenged me on the land saying he owns the land because he has the C of O covering the land.

I disagreed with him , and I informed him that I bought this land before he even claimed he obtained his C of O, and I have my documents.

He has scuttled all my efforts to make him understand the real position of the matter.

I'm ready to drag it with him in the court but I'm afraid of loosing my land to him because he has a C of O.

Please, what does the law say about this matter?

Giwa Ihesha said:

I bought a piece of land few years ago, paid in full, I was issued with receipts and other title documents. I took possession of the land immediately. I later prepared and signed the Deed of Assignment.

Several years later, one Mr. Badmos suddenly appeared with a Certificate of Occupancy (C of O) covering the same piece of land.

The said Mr. Badmos challenged me on the land saying he owns the land because he has the C of O covering the land.

I disagreed with him , and I informed him that I bought this land before he even claimed he obtained his C of O, and I have my documents.

He has scuttled all my efforts to make him understand the real position of the matter.

I'm ready to drag it with him in the court but I'm afraid of loosing my land to him because he has a C of O.

Please, what does the law say about this matter?

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My response:

When you bought a piece of land, paid the full purchase price, collected your Deed, receipts and other documents, and took possession, the law ascribes the ownership of the piece of land to you.

Now that Mr. Badmos has appeared with a Certificate of Occupancy (C of O) covering the same piece land.

Now the big question is:

Does the C of O presented by Mr Badmos automatically makes him the owner of the land?

NOT NECESSARILY.

A C of O is an important evidence of a right of occupancy, but it does not magically cure a defective root of title or defeat a person with a better legal title.

The Supreme Court has reiterated in a number of cases that a C of O rests on a valid allocation of land.

Where a title to land is defective, the C of O will crumble.

Therefore, the court may have to examine the root of title of the two of you the competing parties, the validity of the sale, priority of transactions, the circumstances surrounding the issuance of the C of O, and whether fraud or other defects are involved.

Thus, the answer depends on whose title is legally superior and not simply who is holding the biggest-looking document.

If your title to the land is genuine, then, be rest assured that Mr. Badmos' C of O cannot withstand your title.

Mr. Badmos may be holding a C of O that holds no weight if his title to the land is defective.

You have been informed.

Do not base your land transactions on trust. Investigate the title and document your transaction properly.

Being in possession of a C of O over a land, although is a good sign of title does not always guarantee title.

Where there are two claims of the same nature to a particular object, the first to lawfully obtained same has priority and shall be considered as such. Thus, go ahead and sue him

Check your surveys date and the date of Mr. Madmus survey. Government don't issued C of O on land already surveys with another name