Stats: 3,190,628 members, 7,941,414 topics. Date: Friday, 06 September 2024 at 06:30 AM |
Nairaland Forum / Nairaland / General / Properties / What Is The Difference Between Power Of Attorney And Deed Of Assignment??? (37613 Views)
4 SALE Block of Well finished 4Unit 3Bedroom Luxury Apartment@Lekki Scheme1,450m / Deed Of Assignment And What You Should Look Out For / Protect Your Right To Your Land With A Deed Don't Believe In Word Of Mouth (2) (3) (4)
(1) (2) (3) (4) (Reply) (Go Down)
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by jidxin(m): 3:47pm On Sep 11, 2016 |
platinumtt:lol they are completely diff thing deed of assignment is an agreement to sell a land by a deed or like a doc dat is digned sealed nd deliverd while power of attorney only gives or authorize a person to act on anoda persons behalf |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Nobody: 4:00pm On Sep 11, 2016 |
KingTom:Be like say na from village o ![]() ![]() |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Nobody: 4:15pm On Sep 11, 2016 |
Av gone thru d whole thread, can a lawyer successful and fraudulently transfer ownership of a house to his simply because he has prepared a POA to act on behalf of d landlord to eject d landlord,s tenant and also represent d landlord in his absence at court since d landlord is based in another state 1 Like |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by INXS: 4:15pm On Sep 11, 2016 |
Simply put, when a person acquires title, (ownership), to a piece/parcel of land, i.e. buys a plot of land, (as you intend to do), it is said that the title, (ownership), to the said piece/parcel of land has been conveyed, transfered and/or assigned to him/her, hence the phrase Deed of Assignment or Deed of Conveyance or Deed of Transfer. As such a Deed of Assignment is a legal document with the full backing of the law entered into by the assignor, (seller), and the assignee, (buyer), assigning, (conveying and/or transfering), legal title, (ownership), of a piece/parcel of land, (as in this case), to the assignee from the assignor after the furnishing of the required consideration, i.e. after the paying of the cost price of the land. To acquire the force of law the Deed of Assignment must be signed, sealed and delivered by the parties to the assignment. On the other hand a Power of Attorney is also a legal document which one person,(donor), donates, i.e. gives, to another person, (donee), naming him/her as his/her Legal Attorney, empowering them to perform certain acts or do certain things or take certain actions all specifically spelt out in the Power of Attorney on their, (the donor's behalf), as though they were the donor performing, doing and/or taking the certain acts, things and/or actions himself/herself. In simpler terms its simply a legal document empowering one person to act legally on behalf of another which action taken would have the same force in/at/of law as if the donor acted by himself/hesself. From the above I hope it is clear to you that what you require is a Deed of Assignment. I advice you to retain a competent Legal Practitioner to represent your interests in your land transaction to be on the safe side and for the above you and I can meet to discuss my consultation fee!!! |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by aribisala0(m): 4:16pm On Sep 11, 2016 |
law001:With respect ,what you have written, does not make a lot of sense. First of all that only one C of O is issued is true in other places NOT only Abuja. So there is nothing n the explanation you have given that explains why Abuja is special Secondly Power of attorney does not give "RIGHTS" it gives authority or power it is in no way a deed of assignment or transfer of ownership The transaction that is taking place is a sale and power of attorney DOES NOT COME into it at all. How many Powers of authority need to signed every time the property changes hands ? What about if the original allottee is demised or otherwise unavailable. Also Land does not "BELONG" to governors that is a complete misunderstanding. Your explanation is weak and watery, I am sorry. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by aribisala0(m): 4:27pm On Sep 11, 2016 |
Donnyperry: Lengthy research? My friend you are absurd. Like I advised you before keep it simple when you try too hard in your use of English it is obvious like a struggling generator when an unbearable load is suddenly attached. I know your kind too well and I always have a good laugh when I encounter you,full of breeze and bombast with nothing of value to offer. Hear yourself "your stint at making ..........." ,phew !! That really grates. Even if you spend the whole day with a dictionary it will not obscure your kerosene using jangolova saying roots. You are what you are and I can see through you like a besmirched pane of Orile glass. I will give you very simple and free advice. Use the simplest words you can find as much as possible. Otherwise you will always end up looking ridiculous like you do right now. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by KingTom(m): 5:02pm On Sep 11, 2016 |
danyel09:chai ![]() |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Nobody: 5:03pm On Sep 11, 2016 |
KingTom:na so we see am o |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by enygmababe: 6:41pm On Sep 11, 2016 |
Peritus: Exactly why I mentioned earlier that in certain jurisdictions, a need to circumvent some tax issues may necessitate the use of POAs. Despite been lawyers, one can only ever really be grounded in the practice and procedure of your own jurisdiction. I remember this distinction from law school but you elucidated it. Thanks for refreshing my memory 1 Like |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Ogeyz: 6:45pm On Sep 11, 2016 |
As a Mortgage Officer, I will say that Deed of Assignment/Sublease should be signed by the Assignor(Seller) to the Assignee(Buyer). It is an agreement that stands as transfer of ownership. It's one of the documents required for C of O processing of that property. As for Power of Attorney, it's only. Signed by the Assignor, be-quitting the property to you. I suggest he signs both or Deed of Assignment. Please be sure that the land is free from Encumbrance.... CHEERS |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by enygmababe: 6:51pm On Sep 11, 2016 |
@aribisala0, I wonder why you are actively trying to rubbish the effort of the lawyers who have taken pains to enlighten the op. All they/we did was to restrict our answer regarding the POA to transfer of title in land because that is what op needs. However, you have abandoned the issue and decided to rain insults on Donnyperry personally and lawyers generally. I must confess that it seems you have been deeply hurt by a lawyer. Whoever he/ she is...I crave your indulgence... Please, forgive and forget. 1 Like |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by MrMcJay(m): 6:51pm On Sep 11, 2016 |
gommex: If there is a clause in the POA duly executed by the Donor (owner of the house) authorising the lawyer to sell the property, the lawyer can validly sell such property. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by law001(m): 6:55pm On Sep 11, 2016 |
aribisala0: If you have eyes to read well, you will notice I used the expression "Layman". If you know better, you wouldn't have asked me in the first place. Oh I see, you were trying to test my intelligence. One word for you... "over-sabi"... with due respect sir. 1 Like 1 Share |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by aribisala0(m): 7:11pm On Sep 11, 2016 |
enygmababe:hehehe NO I love lawyers actually ,I have many in my family and I employ at least two. I particularly resent the Nigerian variety of lawyer. Our legal system is based on the British or more accurately the English legal system. I have interacted with lawyers in England and other Commonwealth countries and still do till tomorrow.That is the standard that I compare with. The fact is Nigerian lawyers live in the 18th century with a lot of outdated bombast and ultimately at the lower levels are worse than useless. For you to get any value out of a Nigerian lawyer he or she must have well over 10 years experience after getting a law degree and going to law school. They cannot speak proper English most of the time and will cost you a lot of money if you trust simple tasks to them. Do you know that in England you do not have to have a law degree to become a solicitor? Still a solicitor with two years experience is worth all the money.This is not a matter or race. It was not like that in Nigeria 30 years ago I have to work with lawyers virtually every day so sentiments do not come into it. I employ full time and also contract others in and out of Nigeria. My observation is Nigerian lawyers are quite often a waste of money. If you give them a job such as drafting a conveyance agreement be sure to read it over because most likely it is a cut and paste that you could have done yourself Maybe because the judiciary is so corrupt in Nigeria and success does not depend on hard work or some other reason,I can only speculate all I can say is Nigerian lawyers are very poor Back to the subject whether or not I love or hate them can you deal with any of the issues I have raised on its merits? Am I right or wrong? Imagine the rubbish that clown wrote about power of attorney in Abuja!! |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by MrMcJay(m): 8:23pm On Sep 11, 2016 |
aribisala0: The OP is not a lawyer and didn't claim to be one. If your lawyers are as incompetent as you claim they are, why don't you engage specialist lawyers? Let me explain something to you. Like all professions, lawyers also specialise. When you have a lawyer claiming to be a 'Jack of all', he is likely to be a master of none. Now, when you have the same lawyer representing you in corporate, tax, real estate and litigation, you are courting trouble. If you disagree with me, why don't you let the same engineer fix your vehicle, build your house and repair your PC? |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by law001(m): 8:25pm On Sep 11, 2016 |
aribisala0: On a second thought, I need to respond to your assertions. *Sec 1 of the Land Use Act provides inter alia "Subject to the provisions of this Act, all land comprised in the territory of each State in the Federation are hereby vested in the Governor of that State and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of this Act". *WHEN A POWER OF ATTORNEY WILL BE A REGISTRABLE INSTRUMENT 1. It gives POWER TO THE DONEE to deal with an interest in land 2. It is defined in the land Instrument Registration Law of a State as registrable 3. It is endorsed on any document transferring land i.e. a Deed of Assignment. S. 84& 85 of the Registration of Titles Law of Lagos State. I repeat, for a sale of land to be successful under AGIS, there must be a Power of Attorney together with the Deed transferring title. Which will be registered for a fee. Go to AGIS and make your findings Sir. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by law001(m): 8:33pm On Sep 11, 2016 |
aribisala0: With profound respect Sir! Before you lambast any Nigeria Law or Lawyer, please kindly work on your punctuation Sir! |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Kay17: 8:57pm On Sep 11, 2016 |
aribisala0: I don't understand your reaction. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by aribisala0(m): 9:02pm On Sep 11, 2016 |
law001:On a point of logic your conclusion does not derive from your preamble. you are adding 1 and 1 to make 4 . There is no connection between the intro and the end,faulty reasoning. There is no reason for me to argue the points of law with you,you will not persuade me and I will not persuade you besides to what end are we arguing, who gains? I will work on my punctuation |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Kay17: 9:04pm On Sep 11, 2016 |
Does a power of attorney transfer interest in land? Doesnt a deed of assignment convey the remainder or residue of the term the original allottee had? Does the AGIS recognize the transfer of land from the original allotte to an assignee? Is a fresh C of O issued to the new assignee? |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by law001(m): 9:08pm On Sep 11, 2016 |
aribisala0: Thank you Sir! Have a wonderful night rest. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by law001(m): 9:13pm On Sep 11, 2016 |
Kay17: I honestly wish to respond, but the thanks I got from the last person I responded to was lambasting and name calling. I hope you understand. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by enygmababe: 10:06pm On Sep 11, 2016 |
aribisala0: Where do I start to answer the issues you have raised? They are kind of fused but let me give it a shot! The barrister and solicitors in England bill per hour. They are not paid 15,000 at the end of the month sometimes without appearance fees and with insults as an allowance. The Nigerian lawyer is not appreciated. The Nigerian will prefer to give 10% commission to the agent who directs him to a property than to give 10% to the Lawyer whose duty it is to conduct a search and ensure that the buyer has a good title on purchase. The Nigerian would prefer to go to a letter writter or computer center to have an agreement 'carpentered' for him. The overall attitude of disrespect and underappreciation directed at the Nigerian Lawyer is responsible for the cut and paste syndrome. If we get value for our services am sure my colleagues will ensure that we put in the required effort. There are a lot of short cuts taken by the average Nigerian lawyer but I believe that it is not enough to warrant the disdain and apathy you bestow upon us. An attempt to compare the British and Nigerian lawyer will NEVER be equitable because they work under different conditions of service. Bring the British solicitor or Barrister to Nigerian for just one year and you would be stunned beyond speechless. The truth is that your attack was unwarranted. There are a lot of engineers like you but I am also willing to bet that not all Nigerian engineers are conscientious and hard working and you will feel hurt if someone starts to bash you simply because of his/ her experiences with another or indeed other engineer(s) I cannot speak for all the lawyers as regards their personal attitude but I can assure you that my reputation means a lot to me. I prefer to have the reputation of a lawyer who does her job asap rather than one who delays cases by way of adjournments simply to collect appearance fees. Just as there are lots of market women in the market selling a variety of wares in the same way there are several lawyers and a litigant need a to be wise and search for one that suits their purposes. By the way, if you check my first post on this topic you will see my allusion to jurisdictions where by practice of lawyers POAs are used to transfer title in a bid to circumvent certain taxes and bureaucracy. Well, the Abuja based poster who spoke about POA was speaking from experience. I remember being taught about that in Abuja law school. I did not pay it much of a mind cos I really only need to focus on the practice in my jurisdiction as I will likely never get a brief from that jurisdiction. By the way, there is a saying that 'God forbid that a lawyer should know all the LAW. He just needs to know where to find it' All the advice on this thread by lawyers were not paid for. In England before getting advice from a solicitrr, you will pay consultation fee right? Oh and by the way....I am 10 years post call. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by aribisala0(m): 12:27am On Sep 12, 2016 |
enygmababe: Fair enough , do not take things personally .This is not just about lawyers though, virtually all graduates from Nigerian universities in the last 15 odd years have the same mediocrity problem. They buy WAEC and JAMB and cheat their way through university and then graduate with Empty degrees and empty heads. In this era of the internet one does not need a lawyer to answer questions such as the one that is the subject of this thread. When I said I employ lawyers I meant it. I expect them to know more of the law in my business than I do and believe me I know a bit. You have read the contribution of our Abuja lawyer. Do you have any comments? Anyone these days can "find the law" as you put it,not just lawyers. A law degree is not what makes a lawyer but practice of the law. Because we are not particularly law minded in Nigeria professionals do not take law seriously. But if you are a doctor or banker or engineer in the UK you must be aware of several landmark judgments that govern your trade even more than lawyers who are not specialists in that field of law. Lawyers cannot pretend to know everything because there is specialization and people are aware of that If a person had HIV he can read up on it on the internet and learn as much or more about it than the average doctor .That is the world we live in now and experts need to raise their game to that level, people are totally empowered these days. One of my pastimes when I was a student was reading judgments simply because I wanted to improve my English and not even out of any particular interest in law but because I like the style and I can say I have read over 200 in my life just for that purpose. Even to this day Nigerian jurists continue to impress. I would expect then that a lawyer would have read about 20000 since that is their trade. Sadly I realize I have been mistaken I never said I am an engineer, I consider myself a polymath. ![]() |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by lawyer(m): 3:47am On Sep 12, 2016 |
Tiri Gboosas for all the dumb answers i have read on this Thread. A very simple answer to this question is that a power of attorney is not a good root of title and it only lasts for 12months while a deed of assignment conveniently transfers title to you because it contains the parties to the transaction, the amount, location and description of the property, covenants among the parties, indemnity clause(s) and signature of the parties executing the contract. If anybody comes to my office to sell a property brandishing a Power of attorney as the title to the property i would tear it into pieces and fling it out of my window. Thats all!!!! 3 Likes
|
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Nobody: 7:29am On Sep 12, 2016 |
MrMcJay:if d document of d house r in d safe custody of d landlord, i bliv d sale of d house by d fraudulent lawyer wil not b possible, op am correct |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by platinumtt: 8:27pm On Sep 13, 2016 |
As copied from http://www.naijalandproperties.com/community/fct-abuja-3/what-is-the-difference-between-power-of-attorney-and-deed-of-assignment/ Popularly,a power of attorney is a document that gives another person the power to utilize or carry out activities as stipulated in content.It could be ordinary or irrevocable power of attorney. The extent of what an agent can do for the principal are usually stated in the POA. While the deed of assignment is a document executed/signed by both parties to transfer the title of one to another. both Deed of Assignment and Power of attorney are both instruments for transfer of title. You only need to know which particular document is being used as the instrument in that area. Now, let us move to Abuja FCT. For a deed of assignment to be effectivie, you must back it up with consent from FCT Minister. ofcourse, this is not easily available as it could take up to one year or more. It is possible for somebody to transfer all his title with irrevocable POA. Especially, at AGIS, you MUST present a Power of Attorney if you are not the original allotee for proper documentation. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Kay17: 9:53pm On Sep 14, 2016 |
platinumtt: The power of attorney creates an agency relationship between the donor and donee. The donor being the principal while the donee is the agent. Although there can be an irrevocable power of attorney, the principal is able to side step the agent if he chooses to. He can sell the property to a third party without the consent of the agent. Thereby making the power of attorney a very unattractive attempt to transfer interest in land. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Zainey338: 10:44pm On Sep 14, 2016 |
Hello every one, how are you? ![]() |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by oludarekehinde(m): 10:17pm On Nov 15, 2016 |
Meridian Estate Awoyaya, Ibeju-lekki, Lagos offer for sale 3 & 4 Terrace duplex house for sale. It's the most cheapest of all the estate within the axis Located at the heart of Awoyaya, Facing Lekki Epe Expressway. The prices are: 2 Bedroom Bungalow 11.5m 3 Bedroom Bungalow 12.5m 3 Bedroom Terrace Duplex 13.8m 4 Bedroom Terrace Duplex 17.5m Semi Detached Duplex 23m Fully Detached Duplex 28m For inspection call Dare on+2348053690928 +2348065738438
|
How I Landed My House After Squatting / how much will it cost me to Roof a 3 bedroom building / Nigerians Are Very Wicked
(Go Up)
Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health religion celebs tv-movies music-radio literature webmasters programming techmarket Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 133 |