When engaging in real estate transactions in Nigeria, one of the most critical documents that often gets overlooked is the survey plan. This document plays a crucial role in ensuring that property boundaries are well-defined, disputes are avoided, and both buyers and sellers are protected during property transactions.
In this blog post, we will explore what a survey plan is, its importance in Nigerian real estate, and the legal considerations surrounding it.
What is a Survey Plan?
A survey plan is a document that clearly outlines the boundaries of a piece of land. It is prepared by a licensed surveyor and is essentially a detailed map of the land in question, showing its size, location, and boundaries relative to surrounding properties.
The survey plan typically includes the following details:
- The exact dimensions and boundaries of the land.
- The location of the land with reference to known landmarks.
- The landowner’s name (if already registered).
- The title of the surveyor and the date the plan was prepared.
- Coordinates that can be verified by survey instruments.
In Nigeria, the survey plan must be drawn to scale, and the licensed surveyor responsible for creating it must sign and affix their seal to the document for it to be valid.
Importance of a Survey Plan in Real Estate Transactions
A survey plan is an essential document in any real estate transaction for several reasons. Without a survey plan, land transactions could lead to boundary disputes or even loss of property. Below are some key reasons why a survey plan is indispensable:
- Prevention of Land Disputes
One of the primary roles of a survey plan is to prevent land disputes. In Nigeria, land disputes are common, often arising from unclear property boundaries or overlapping claims. A survey plan helps to define the exact boundaries of a property, providing legal protection to the buyer and ensuring there is no encroachment on neighboring land. - Verification of Property Size
The size of a property is one of the critical factors in determining its value. A survey plan ensures that the size of the land being sold is accurately represented. This prevents fraud or misrepresentation during land transactions. - Legal Requirement for Property Registration
Before land can be registered and a Certificate of Occupancy (C of O) can be issued, a survey plan is required. The Nigerian Land Use Act of 1978 mandates that a survey plan must be part of the documentation submitted for the issuance of land titles. Without it, the process of registering property ownership cannot proceed. - Due Diligence for Buyers
When purchasing property, buyers need to conduct thorough due diligence to ensure that the land they are buying is free from encumbrances, properly documented, and accurately described. The survey plan is a vital document in this process. It allows the buyer to verify the exact size and location of the land, as well as check for any boundary issues or disputes. - Enables Proper Land Development
A survey plan is not only essential during land acquisition but also crucial when developing the land. Whether the land is being used for residential, commercial, or industrial purposes, the survey plan provides a clear guide for architects and engineers. It helps ensure that the development stays within the legal boundaries and adheres to local planning regulations.
Legal Considerations for Survey Plans in Nigeria
In Nigerian law, a survey plan is recognized as a legal document, and several legal considerations must be kept in mind:
- Engaging Licensed Surveyors
Only a licensed surveyor can prepare a valid survey plan in Nigeria. This is critical because any survey plan that is not signed and sealed by a licensed surveyor is considered invalid in a court of law. Buyers must ensure that they engage the services of certified professionals to avoid complications in the future. - Governor’s Consent Requirement
According to the Land Use Act, any transfer of land rights must be approved by the state Governor, and part of the documentation required for the Governor’s consent is a survey plan. Without a proper survey plan, the transaction may be considered void under Nigerian law. - Verification of Survey Plan with the Land Bureau
Before purchasing land, it is essential to verify the survey plan at the State Land Registry or Surveyor General’s Office. This is to confirm that the survey matches the records at the land bureau and that the land is free from any government acquisition or legal encumbrance. In some cases, land marked for public use may have been fraudulently sold to unsuspecting buyers, leading to future legal battles. - Disputes Over Boundary Issues
In the event of a boundary dispute, the survey plan serves as the authoritative document for determining the exact limits of the property. Courts and land tribunals rely heavily on survey plans to resolve such disputes. Having an accurate and legally compliant survey plan can save time and legal costs.
Conclusion
A survey plan is an indispensable document in Nigerian real estate transactions. It provides clarity on property boundaries, ensures proper documentation, and prevents future disputes. For property buyers and sellers, understanding the importance of a survey plan and ensuring that it is properly prepared and verified by a licensed surveyor is key to avoiding legal complications.
Before embarking on any real estate transaction in Nigeria, make sure to obtain and verify a valid survey plan. It’s not just a formality—it’s a crucial legal safeguard that protects your investment.
Clement is a lawyer in Nigeria. He is currently the Managing Partner of KpLaw, LLP., a foremost Law Firm in Nigeria with a wide practice area spanning diverse fields of law. Besides being her Managing Partner, Clement is a member of the firm’s Corporate Commercial Department.