Real Estate Dispute Resolution Association of Nigeria

22/10/2024

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25/07/2024

Shout out to my newest followers! Excited to have you onboard! Gabriel Olusola Boradek Integrated Services

25/07/2024

In "How to Resolve a Conflict" (2020) - https://selar.co/dz6678 - I discuss the use of co-mediation (see chapters 5 and 7). Chapter 5 focuses on the mediation process; and Chapter 7 focuses on the person of the mediator.

Introduction to conflict resolution - an Alternative Dispute Resolution (ADR) mediator handbook

24/07/2024

*HOW TO LEGALLY EVICT A TENANT FROM A PROPERTY IN NIGERIA*

Under Nigerian Law, a Landlord cannot make use of SELF-HELP to eject a tenant.

There are certain procedures that must be followed to properly evict a tenant from a property.

The Nigerian Supreme Court have long established this and stated in Eloichin (Nigeria) Ltd v Mbadiwe (1986) 1 NWLR (pt 14) 47 where Obaseki JSC at page 66 said: “Where the Landlord brushes aside the necessity to obtain an order of Court for possession and jettisons the rule of law, enters the premises and takes possession, he has invaded and committed an infraction of the rights of the tenant and renders himself liable in trespass.”

The FIRST thing a Property owner can do when he wants to evict a tenant is to serve the tenant a NOTICE TO QUIT with the appropriate length of time.
In Lagos State, under the Tenancy Law of Lagos, if the tenant is a TENANT AT WILL, a week’s notice will be given; one (1) month’s notice will be given for a monthly tenant; three (3) month’s notice will be given for a quarterly tenant; three (3) month’s notice will be given for a half-yearly tenant; and six (6) months notice will be given for a yearly tenant.
For Tenancy for a FIXED TERM, no notice to quit is required as the tenancy is automatically terminated by law once the period is over.

The SECOND thing to do is to serve the tenant with a SEVEN DAYS NOTICE OF OWNERS INTENTION TO RECOVER POSSESSION. After the Notice to Quit expires. If the tenant fails to leave the property, the Landlord or the Landlord's lawyer would issue a SEVEN DAY owner’s INTENTION TO RECOVER POSSESSION notice to the tenant. This NOTICE is required for both Fxed-term and Periodic leases.

The THIRD thing to do is to TAKE THE TENANT TO COURT. After the expiration of the Seven Days Notice. if the tenant still refuses to vacate the premises, the Landlord can institute a proceeding in Court to recover the property from the tenant.
The lawsuit may include claims for possession, unpaid rent, and any additional damages.

The FOURTH thing to do is to ENFORCE THE COURT JUDGEMENT.
After successfully litigating the case and obtaining a favorable judgement to recover possession, if the tenant still fails to leave the premises on the final date given by the Court, the Landlord can then enforce the judgement through the court Bailiffs.

A GENERAL OPTION the landlord has is to explore Alternative Dispute Resolution (ADR) mechanisms in ejecting the tenant.
In Lagos State, such Landlord-Tenant disputes can be taken to the Citizens Mediation Centre (CMC) with several branches across the state.
The Lagos Multi-Door Courthouse (LMDC) is also available for court-connected ADR processes.

From, Barrister A. Babade

19/07/2024

19/07/2024

TYPES OF LAND DOCUMENTS IN NIGERIA

In the past, lands belong to indigenous families who have lived on them but the passage of time and the introduction of the Land Use Act of 1978 has brought about a massive change. The Land Use Act states that all urban land within a state is given to the governor to hold on behalf of the people, and as a result, the governor is responsible for allocating land in these areas to individuals or organizations for residential, agricultural, and commercial purposes.

There are various land documents to consider when buying or selling land. The applicable document for such a property sale will be determined by the type of the property's ownership. These documents will establish the legitimacy of the land ownership claim.

Here are types of land documents.

DEED OF ASSIGNMENTS:

A Deed of Assignment is a legal document that records a land sale and transfers interest and title in real property from one party to another, beginning from the date specified in the document. The deed will usually contain a specific description of the property and the amount that it is sold.

CERTIFICATE OF OCCUPANCY:

It is an officially recognized land document that allows you to exert some control over your land while still allowing you to enjoy and use it. It is a document issued by the state or federal government that grants 99-year leases to landowners. It is one of Nigeria's most widely used property documents or titles.

GOVERNOR’S CONSENT:

Unlike a C of O, which is a document produced by the government and personally signed by the governor conferring the right of occupancy to the holder for 99 years, Governor's Consent is an appendix to a deed of assignment that is submitted by the assignee to the government informing the government that a transaction has occurred and they require the Governor's consent for the transaction to proceed.

For if a person with a C of O intends to sell land to another person, the government must approve the transaction before it can be completed. This process is repeated each time the property is sold to a new owner.

SURVEY PLAN:

This document contains land boundary measurements for accurate land measurement and description. Surveyors are in charge of this document, which is governed by the Surveyor-General.

EXCISION DOCUMENT:

Where land is under acquisition, the process whereby the government releases a portion and is considered free is called excision. Excision properly spelled in a gazette will form a good document for one to be certain that land is not under acquisition.

GRANT OF PROBATE:

Only the Executor mentioned in the Will receives a Grant of Probate. In the probate procedure, the Executor collects assets and distributes them to the beneficiaries. Because the dead named the Executor in his Will, the beneficiaries are unable to replace him.

LETTER OF ADMINISTRATION:

Letters of Administration are similar to a Grant of Probate but are issued instead to the next of kin of an individual who dies without a Will. You have not designated a specific person as your Executor to administer your estate if you have not made a Will. As a result, the law establishes a list of individuals who are eligible to apply for Letters of Administration.

At Boradek Properties, our team of professionals is ready to advise and assist you when it comes to owning or selling property in Nigeria and providing the necessary documents you would need. Visit us at No 39, Liberty Road, opposite Okart furnitures, Oke Ado, Ibadan and enjoy an easy and smooth experience with tangible results!

25/04/2023

*IF YOU DIE TODAY, YOUR NEXT OF KIN WILL NOT HAVE ANY ACCESS TO THE MONEY IN YOUR ACCOUNT!!!*

So many Nigerians think that their next of kin is the automatic heir to their account. But the truth is that if your next of kin is not a signatory to your account, and you don’t have a written will to determine that person’s legitimacy, the person will not have access to that money at all. Your bank will have to go through a process called a LEGAL PROBATE. This probate period helps them determine who gets the money in your account. This is a very very lengthy and expensive process. Even after the whole process is done, your family will have to forfeit some very reasonable amount of the money for legal fees.

But if you want to avoid this , simply request for your bank to give you something called a POD form. POD stands for PAYABLE ON DEA*TH. The name of the person you fill in that POD form will determine who will get your money . All the person needs to bring is a de*ath certificate to get that money out.

With a POD form , you will save your family the stress of going through all that lengthy legal process and even loosing some money to the law.

I just thought I should let you know this😊

24/04/2023

Before you pay for that New house you want to Rent.
Always ask for the outstanding electricity bill before moving into the new apartment.
don't inherit Unpaid Electricity Bills..

it is illegal to be forced to pay for what you did not use.

A judge recently rule that a Landlords electricity bill cannot be enforced on a tenant
and if you are victim of situation like this already, kindly stop paying and call your Landlord's attention to what the law says about it. if he insists,
then you are Free to arrest and charge him to Court.

it's clearly stated under the NERC Regulations