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ANENEANDASSOC:


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 moreover i hope you have checked with AGIS and FCDA the authenticity of such land that you purchased. ..If you need enlightenment contact me on whatsapp 08024808190. m an estate surveyor and valuer.

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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.

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.

ANENEANDASSOC:


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 moreover i hope you have checked with AGIS and FCDA the authenticity of such land that you purchased. ..If you need enlightenment contact me on whatsapp 08024808190. m an estate surveyor and valuer.

AGIS and FCDA still check Area Council Lands?

ANENEANDASSOC:


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 moreover i hope you have checked with AGIS and FCDA the authenticity of such land that you purchased. ..If you need enlightenment contact me on whatsapp 08024808190. m an estate surveyor and valuer.

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.

ificatchmodeh:



Why naa?
You. For stayout...na legal matters be this no be surveyor. matter.

Even in surveyor matters he will be a menace,a complete ignoramus,
Jesus Christ of Okokomaiko!!

Gaborone:
A power of attorney is a document giving another person the power to do a particular thing, or a number of things.
For eg, if I reside in Edo state, and I own a house in Abuja, which I want to put up for rent, to save myself the headache of having to travel down, I can decide to appoint someone whom I know resides in Abuja to manage/lease the property out on my behalf. By doing this, I make him a representative of mine. However, despite this, I would still have the power to manage/lease out the property if I want to, even while the document is still valid.

Now, here is the reason why you SHOULD NOT allow this seller execute a power of attorney in respect of that land: A power of attorney is not an instrument of conveyance or transfer of title to land. In other words, it CANNOT be used to transfer property or land, directly from one person to another. As such, if you prepare one for the seller to sign, it would only state that the seller gives you the right to sell the property on his behalf, and that is not what you need right now. If it has a clause in it that says the seller is transferring title to you, it will be INVALID/VOID, because, a power of attorney is not a document that can transfer title to land. Again, if this seller should execute a power of attorney giving you power to do whatever, it won't stop him from doing the very things you are given the power to do.

The above brings us to deed of assignment. Simply put, this is a document executed/signed by both parties to transfer the title of one to another. This is what you need for this transaction op.

Conclusively, let me add that you should get a lawyer. Many people have gotten themselves into precarious and unfortunate situations by going into land transactions themselves. Get a lawyer to save yourself from a costly mistake. The money you will pay a lawyer will save you from stress tomorrow.

Chao.

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

ANENEANDASSOC:


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 moreover i hope you have checked with AGIS and FCDA the authenticity of such land that you purchased. ..If you need enlightenment contact me on whatsapp 08024808190. m an estate surveyor and valuer.

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

Montaque:


I doubt if u are what u say u are. Seriously

D guy ruined his fraudulent career here with DAT statement... Hi ah!

ANENEANDASSOC:


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 moreover i hope you have checked with AGIS and FCDA the authenticity of such land that you purchased. ..If you need enlightenment contact me on whatsapp 08024808190. m an estate surveyor and valuer.

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!

ANENEANDASSOC:


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 moreover i hope you have checked with AGIS and FCDA the authenticity of such land that you purchased. ..If you need enlightenment contact me on whatsapp 08024808190. m an estate surveyor and valuer.

. U r so so wrong about dis

adaweezy:
h Bros a beg delete your comment before you mislead others thanks.

but you've quoted him already

danyel09:
Ehm bro a deed of Assignment is an agreement between the seller of a land or property and a buyer of that land or property showing evidence that all rights of the seller has been transferred by the seller, his title, his interest and ownership of that land to the buyer that has just bought land, no doubt it is extremely important, if you don't have it, one omonile or even the seller can come and claim the property at anytime and you'll have only yourself to blame.

While Power of Attorney is a written letter, authorizing one to act on behalf of another. It is given to an agent to have legal authority to act on behalf of the principal who might be incapacitated at that point.

Going by what you said o.p, you REALLY REALLY REALLY need the Deed of Assignment, that your seller may be another scammer waiting to pounce on you.

So you get sense like this

platinumtt:
Hello Professionals,

Please help. I just bought an AMAC land. The seller told me to get a power of attorney document for him to sign. When I asked about deed of assignment, he said he has no information as he is not used to that. In Lagos, we do get deed of assignment after buying a plot of land as this is a very important document. Could someone explain power of attorney and deed of assignment issue as it impacts buying of land in Abuja.

http://www.naijalandproperties.com/community/fct-abuja-3/what-is-the-difference-between-power-of-attorney-and-deed-of-assignment/

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.

aribisala0:
Even in surveyor matters he will be a menace,a complete ignoramus,
Jesus Christ of Okokomaiko!!

Donnyperry:
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 ebough to correct any misnomer which you may have held as your view prior to this time.

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

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.

ANENEANDASSOC:


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 moreover i hope you have checked with AGIS and FCDA the authenticity of such land that you purchased. ..If you need enlightenment contact me on whatsapp 08024808190. m an estate surveyor and valuer.

Are you for real? Please stop misleading the general public.

MyNose:
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.

And I marvel at those liking his comment.

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

thunder74:

Power of Attorney is given by a principal to an agent to act on his behalf. 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.

Deed of Assignment is the document a seller executes for a buyer assigning all or part of his interest in a parcel of land to a buyer. Usually, we use it for a land that already has a C of O but in practice it is used for all land transactions. We may call it Deed of Conveyance, Deed of Sale, Deed of Transfer etc. But what is important is that the person executing it must have power to sign because you can't give out what you don't have. You will need it with receipt (family receipt) to process your C of O or governor's consent.

The owner of a land may appoint an Agent to help sell the land through POA but any agent relying on POA to sell must have been empowered to do so. A clause in the POA must say that expressly. Still at that the Agent or the original owner must execute either Deed of Assignment, Deed of Sale, Deed of Transfer or Deed of gift (if given free) before valid titliis passed, assigned, conveyed, transfered or sold to you.

Finally, please get a lawyer before it turns to a story that touches.

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?

aribisala0:

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

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

Donnyperry:


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

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"

Dreadful:
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?

Where is your location ?

Consult a Lawyer

Montaque:


I doubt if u are what u say u are. Seriously

He just said the truth.

ANENEANDASSOC:


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 moreover i hope you have checked with AGIS and FCDA the authenticity of such land that you purchased. ..If you need enlightenment contact me on whatsapp 08024808190. m an estate surveyor and valuer.

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

oduz:


Where is your location ?

Consult a Lawyer

My location is Edo. Ok we'll do just that. Thanks bro

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 .

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.

Emilord:
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

xfanlegal:
. U r so so wrong about dis

queenfav:
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!

ANENEANDASSOC:


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 moreover i hope you have checked with AGIS and FCDA the authenticity of such land that you purchased. ..If you need enlightenment contact me on whatsapp 08024808190. m an estate surveyor and valuer.

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.

Gaborone:
A power of attorney is a document giving another person the power to do a particular thing, or a number of things.
For eg, if I reside in Edo state, and I own a house in Abuja, which I want to put up for rent, to save myself the headache of having to travel down, I can decide to appoint someone whom I know resides in Abuja to manage/lease the property out on my behalf. By doing this, I make him a representative of mine. However, despite this, I would still have the power to manage/lease out the property if I want to, even while the document is still valid.

Now, here is the reason why you SHOULD NOT allow this seller execute a power of attorney in respect of that land: A power of attorney is not an instrument of conveyance or transfer of title to land. In other words, it CANNOT be used to transfer property or land, directly from one person to another. As such, if you prepare one for the seller to sign, it would only state that the seller gives you the right to sell the property on his behalf, and that is not what you need right now. If it has a clause in it that says the seller is transferring title to you, it will be INVALID/VOID, because, a power of attorney is not a document that can transfer title to land. Again, if this seller should execute a power of attorney giving you power to do whatever, it won't stop him from doing the very things you are given the power to do.

The above brings us to deed of assignment. Simply put, this is a document executed/signed by both parties to transfer the title of one to another. This is what you need for this transaction op.

Conclusively, let me add that you should get a lawyer. Many people have gotten themselves into precarious and unfortunate situations by going into land transactions themselves. Get a lawyer to save yourself from a costly mistake. The money you will pay a lawyer will save you from stress tomorrow.

Chao.

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.

mmb:
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.

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