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Nairaland Forum / Nairaland / General / Properties / What Is The Difference Between Power Of Attorney And Deed Of Assignment??? (37628 Views)
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Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Nobody: 7:10am On Sep 11, 2016 |
[s] ANENEANDASSOC:[/s] |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Donnyperry(m): 7:12am On Sep 11, 2016 |
My learned colleagues have done justice to this question. Any attempt to expatiate on the above mentioned subject matter will only succeed in confusing the OP. I hope the differences enumerated above is enough to correct any misnomer which you may have held as your view prior to this time. 1 Like |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Kenmatt(m): 7:13am On Sep 11, 2016 |
What he needs to sign for you is the "deed of conveyance". This is a legal document prepared by your lawyer, it will be signed, stamped and sealed. This document is not just ordinary paper, like I stated above, it's a legal booklet and a tittle of a land which also states the detailed information of the land and transfers the ownership of the land from the seller (vendor) to the buyer. When one applies you sign a power of attorney for him or her, the person is asking you to conver the POWER as the name sounds to him either to act as an agent, solicitor or lots more. In this case, what you are doing is getting the power of the land ownership from him and which is what the deed does. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by DeeJ1(m): 7:14am On Sep 11, 2016 |
ANENEANDASSOC: AGIS and FCDA still check Area Council Lands? |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by joowealth(m): 7:30am On Sep 11, 2016 |
ANENEANDASSOC: What an ignoramus kind of person is this. you talk like a fool or fraudster. Please stop misleading people if you don't know what to say ok. Deed of Assignment is not a mere piece of paper nor invalid in law. In fact, that is what the OP needs right now in respect of the said land not Power of Attorney. 1 Like |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by aribisala0(m): 7:31am On Sep 11, 2016 |
ificatchmodeh:Even in surveyor matters he will be a menace,a complete ignoramus, Jesus Christ of Okokomaiko!! |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by ucheuzor1(m): 7:31am On Sep 11, 2016 |
Gaborone:Am an engineer in d making so I don't really know much about this... But I must say that I am highly impressed with ur explanation.....keep it up 2 Likes |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by dondaddycares(m): 7:31am On Sep 11, 2016 |
ANENEANDASSOC:I guess you are not a lawyer. Legally, you buy and sell a land through Deed while Power of Attorney is a mere instrument of donation...not used in selling land but Nigerians have abused it and most times substituted Deed with POA... Mmadukolu v. Nkemdilim (Supreme Court). I can't write more... Do both Deed and POA.I'm in church 1 Like |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Boyooosa(m): 7:32am On Sep 11, 2016 |
Montaque:D guy ruined his fraudulent career here with DAT statement... Hi ah! |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by queenfav(f): 7:32am On Sep 11, 2016 |
ANENEANDASSOC:quote author=ANENEANDASSOC post=49213521] "Deed of assignment is mere paper not backed by law .But Power of attorney is a legal document transferring ownership of property from one party to another. it is signed,sealed and stamped and entered .It is very essential when processing your certificate of occupancy ."WRONG WRONG WRONG!!!Abeg,i didn't know they now give honorary call to the Nigerian bar to estate surveyors.@Op,i really pity prospective property owners like you.Stay there and look for free legal advice on Nairaland,you would be misled if you are not careful! 1 Like |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Nobody: 7:32am On Sep 11, 2016 |
ANENEANDASSOC:. U r so so wrong about dis |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Nobody: 7:33am On Sep 11, 2016 |
adaweezy: but you've quoted him already |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by KingTom(m): 7:39am On Sep 11, 2016 |
danyel09:So you get sense like this ![]() |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Ghost447(m): 7:41am On Sep 11, 2016 |
platinumtt:I am a legal practitioner based in Abuja, explaining the difference here cannot take care of your transaction, I will advise you to contact a legal practitioner of your choice to put you through. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by ificatchmodeh: 7:41am On Sep 11, 2016 |
aribisala0: ![]() ![]() ![]() 1 Like |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by aribisala0(m): 7:42am On Sep 11, 2016 |
Donnyperry:One does not need "learned colleagues" for this . Any person who went to university and cannot figure this out wasted their time there. Power of attorney is not just about land and the so called "learned colleagues" have not done justice to the matter. Power of attorney essentially allows people to take decisions on your behalf with the same legal force as if you had made them personally. This may be for one specific decision e.g buying land or for a wide range of decisions. One may even make it in anticipation of a future incapacity e.g a person with a terminal illness may appoint a person to sign cheques on his behalf if his brain power or decision making ability is compromised, this could include decisions about ones children who are minors. Some people lose decision making capacity with age and may issue power of attorney status to another person in anticipation of such a scenario. The power may again,be specific or all encompassing. In the case of land one ,power of attorney may operate on the side of the BUYER and the SELLER. A buyer based in the US who is unable to attend e.g may issue POA to an appointee who can then sign documents on their behalf as though they ,the buyer, had signed them with the same legal effect,ditto for the seller I am not a lawyer |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by MyNose: 7:43am On Sep 11, 2016 |
You are so so wrong. Please don't say what you don't know. You even went ahead to place your number to the public when it's obvious how ignorant you are. Am 100% sure you are a quack not a professional in the field you are claiming. 1 Like |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Ghost447(m): 7:43am On Sep 11, 2016 |
ANENEANDASSOC:Are you for real? Please stop misleading the general public. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Ghost447(m): 7:45am On Sep 11, 2016 |
MyNose:And I marvel at those liking his comment. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Nobody: 7:49am On Sep 11, 2016 |
Well, most in d house hv given thr views on wat they blv each of the documents stand 4. To get d record straight, both d Deed of Assignment n d Power of attorney r both instru ments dat cn transfer title. A power of Attorney wen gvn 4 valuable consideration, is a legal instrument of transfer of title under d law. Wat one needs 2 do is find out whch particular document is being used as d Registrable instrument under d law in dat part of the country. 4 e.g, in most states in d east, the Power of Attorney is d Registrable instrument under d law. Executing a deed in such a state wld mean u jst keep such document, tho u hv title, u wnt b able 2 register such since it cn nt b registered in d land registry, cos d law of d state hs clearly defined whch instruments r/is 2 b used as d Registrable instrument of transfer of title. So, jst find out wat instrument is being used as the Registrable instrument in any state or zone whr u find urslf, n u r good 2 go 2 Likes 1 Share |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Dreadful: 7:58am On Sep 11, 2016 |
thunder74:Bro my granny sold many lands to his tenants and all through those documents I can't find the Deed of Assignment to prove my granny has transfered all his rights to these buyers. What should we do bro? |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Donnyperry(m): 8:00am On Sep 11, 2016 |
aribisala0: This is quite instructive coming from one who isn't a lawyer but then you emphasised on just one leg of the question and failed to pontificate on what a 'Deed of Assignment' is. Therefore, you have no justification whatsoever to rubbish the efforts of my learned colleagues. Please be properly guided 1 Like |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by aribisala0(m): 8:13am On Sep 11, 2016 |
Donnyperry:Pontificate? Do not be ridiculous. I chose deliberately not to address DEED OF ASSIGNMENT because I think it has been dealt with adequately. No need to be repetitive. I only make contributions that add value Do you know the meaning of the word "pontificate"? do not use words because they exist,you only end up looking ridiculous and bombastic. Your English is embarrassing, What is " emphasised on" ![]() 2 Likes 1 Share |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by oduz: 8:16am On Sep 11, 2016 |
Dreadful: Where is your location ? Consult a Lawyer ![]() |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Nobody: 8:18am On Sep 11, 2016 |
Montaque: He just said the truth. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Emilord(m): 8:23am On Sep 11, 2016 |
ANENEANDASSOC:bro stop deceiving a person that needs help. How can you say that power if attorney is what confers title? signed, sealed? you must be fake bro. Pls, Op, u need the deed if assignment or deed of transfer for the proper conveyance of the property to you. with either of these, the conveyance of the land to you has not been done. The implication is that you don't have the proprietary rights over the land. A Power of Attorney on the other hand is an authority in writing authorising the donee to act on behalf of the donor( one giving the power). you don't need power of attorney here, unless you are buying the land for someone. don't fall into the hands of fraudsters pls |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by Dreadful: 8:27am On Sep 11, 2016 |
oduz:My location is Edo. Ok we'll do just that. Thanks bro 1 Like |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by whiskystan: 8:32am On Sep 11, 2016 |
Power of attorney is the delegation of right or power donee to action on behalf and in the interest of the donor. When it refers to land transactions power of attorney does not transfer the interest just a mere acknowledgement of transaction while registered power of attorney is admissable in court to show evidence of insterest. While deed of assignment is registrable instrument that gives a legal right to the assignee of the unexpired interest in the property. Ƒøя example assignment comes into play when buying a land that has a C of O already which the initial c of O is 99 years when u buy this the assignor assign to u the unexpired interest on the property to u which might be 45years or so from the initial 99 years which is granted on all c of O's . |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by whiskystan: 8:36am On Sep 11, 2016 |
That's why is always advisable to get a C of O after u register Ur power of attorney. Cause mere power of attorney does not confer legal interest but an equitable one. While assignment confers to the holder a legal interest over the property. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by mmb(m): 8:37am On Sep 11, 2016 |
Emilord: xfanlegal: queenfav: ANENEANDASSOC:AN ESTATE SURVEYOR AND PROPERTY AGENT IN ABUJ AONCE TOLD ME DEED OF ASSIGNMENT IS DONE FOR A LANDED PROPERTY LIKE HOUSE WHILE POWER OF ATTORNEY IS FOR BAREN LAND. AND I BELIEVED HIM UNTIL TODAY WHEN I COME TO KNOW THE DIFFERENCE. THANKS LAWYERS. 2 Likes |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by thebaft: 8:38am On Sep 11, 2016 |
Gaborone: Thanks for your post. It is clearly an eye opener on the dangers on not having a properly documented Power of attorney (POA) written by a lawyer. I have seen some Irrevocable POA documents written in this manner ...http://www.nigerianlawguru.com/fandp/POWERS/POWER%20OF%20ATTORNEY%20COUPLED%20WITH%20INTEREST%20AND%20FOR%20VALUABLE%20CONSIDERATION.pdf ... And I would have sworn that it could pass as a deed of assignment. |
Re: What Is The Difference Between Power Of Attorney And Deed Of Assignment??? by aribisala0(m): 8:50am On Sep 11, 2016 |
mmb:You really do not need lawyers to figure that out. Just exert yourself and use your internet more constructively. What is the point of going to school. You do not need to know everything but you certainly need to know where to find information. If you simply type in the terms into Google you will get more than enough information Where lawyers would come in would be to address issues of statute e.g what is the law governing power of attorney in Nigeria . Is it the same for the whole country or does it vary from state to state. one may require a lawyer's help with drafting a power of attorney document. My experience with many lawyers in Nigeria is that they just cut and paste and you might be better off doing it yourself depending on your experience ( There are hundreds of templates online). I think the laws in Nigeria are generally out of date and not fit for purpose with regard to current knowledge. The area is one that even extends to the territory of doctors etc eg a potential litigant may question soundness of mind at the time of appointing/issuing power,capacity ,competence etc. Any responsible adult must be familiar with law in general without being a lawyer ,that way you can separate the wheat from the chaff when dealing with lawyers. Unfortunately many Nigerian lawyers pretend to be a master of every area of law and undertake work in areas where their experience is limited. You have a responsibility to inform yourself before seeking advice |
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