LEGAL AND ILLEGAL LEVIES DURING AND BEFORE SITE POSSESSION (1) BY DR ADESINA

There are lots of fees, both legal and illegal, during Land possession which mostly are unknown to prospective buyers during negotiations and payment process. And here, I am much particular about land purchased from Community or ancestral land owners (Omo Oniles) using Lagos as case study.

Most of these levies are illegal as pronounced by the Lagos Property Protection Law, 2016.

 But for one reason or the other, a lot of buyers are still unable to utilise this aspect of the law due to poor enforcement on the part of relevant authorities, lack of awareness of these extant laws and other interests surrounding land acquisition hence they pay such levies based on ignorance.

Though, a  Note of Caution here, most times diplomacy is the best approach to such cases so as to fall at your advantage as Nigeria terrain is concerned.

The aim of this write up is majorly to raise your awareness before such occurrence so as to be prepared and alert.

So let's check some of this common levies :

 Family Receipt Levy;

This is a Levy introduced by ancestral land owners (Omo Oniles) and it's now  becoming rampant. Quite shockingly, this is unheard of and it is unbelievable that a payment must be made for and before issuance of a land purchase receipt. Every transaction is expected to be evidenced by a payment receipt or an invoice in whatever case. Many a time, I have witnessed some ancestral landowners justify this with a saying that the payment is meant for development of their family ancestral home, while part of it would be allocated to the head of the family as a notification of transaction effected on every land.

Family receipt is important for evidence purpose and land documentation process. Not all ancestral landowners charge separately for this. Despite Information and questions as regards payment, family receipt should be demanded during negotiation and payment.

 Foundation Construction Levy;

This is an age-long levy during foundation construction work. This has been a custom and it is a well known and widely accepted fee during land possession. A certain meagre payment which is oftentimes less than 2% of the total purchase is charged for foundation construction. It is noteworthy that it mostly depends on the location and the community.

Before now, local gin (SCHINAPS) or drinks and whatever amount the buyer could give was demanded; as against the fixed and bogus amount that obtains at present.

Today, it is becoming unpredictable and outrageous. It equally increases the more the land is left undeveloped or without either partial or full possession.

I recently witnessed a case where a buyer had to pay almost forty per cent (40%) of the amount he purchased a plot of land for foundation construction fee due to late land possession.

When I dig further, I got some justifications from some ancestral landowners with regard to payment of foundation construction fee. They informed me that the payment is meant to appease the souls of their ancestors who might be buried in the land or laboured to acquire the land by dint of hard work.

Observing this rite makes the land habitable and brings peace and prosperity to the new owners, funny right ?

Also, questions in regard to an amount for foundation construction fee should be asked during negotiation and before payment.

 Fence Construction Levy;

Although, this is similar to the foundation construction levy, some ancestral landowners charge for this separately, especially when partial land possession is made. Some
buyers prefer possession by only fencing work and this at times necessitates separate charges for fence construction work. In addition, another levy is expected when the actual foundation work for the building commences.

To be Continued....

Please keep keeping Safe !