Why the Survey Plan is Indispensible(1)


By AKHIGBE Dominic M

TUE NOVEMBER 29 2016-Property has two major angles to it; Ownership & Possession. For the purpose of this edition, I am dwelling with ownership. In Real Estate, possession is not as important as ownership. for our dedicated readers who have painstakingly followed up on this column, you would recall that sometimes in the 3rd quarter of 2015, we did series on Title Deed with a caption; ‘The Infallibility of Title Deed’. This got us torrents of calls and emails by readers who hitherto had rested in their oars after obtaining the family receipt from the selling families and felt they were done.

Those series were a huge exposé on the infallible importance of the Title Deed far more than just owning the property. In furtherance to this, we did other series that totally awaken the property owner and sensitize then on the germane importance of have their Title properly perfected. Since then, we have had very positive feedback from those that bothered to revert to us on the peace of mind they have started to enjoy as soon as they started to; or have even conclusively perfected their various Title Deeds. This truly is good news.

On this Series, we are taking a very specific look on the Survey Plan. We have decided to do this in response to rising enquiries in this direction of late. In the cause of the various enquiries directed to us, majority asked the question: What is the importance of a survey plan in land ownership?

The survey plan’s primary purpose is to prove the specific and detailed identity of a specific parcel of land which comes readily handy in the advent of  a dispute arising in respect of same. A survey plan becomes of utmost importance for any success to be achieved in any land litigation.

A Applicant seeking for a court’s declaration of title to land has a major responsibility to show with strict certainty, the area of land being claimed. If this is not proven beyond reasonable doubt his claim would be at risk of being thrown out by the presiding judge. In view of this, a land survey plan which is a specialized map of a parcel of land, created by thoroughly examining and measuring the property is very important.

The Survey plan helps to determine and delineate the very location, landmarks and boundaries of a land, building locations, physical features and other items of sterling importance. A Survey is certainly more than a Surveyor’s diagram of the property, A land survey plan is an important legal document that displays the exact legal borders of the property and applicable aspects of the registered title. For a Survey Plan to have Legal impetus, it must be drawn by a Licensed pursuant to Section 2 of the Survey Act more specifically described as means a “The Surveyors Registration Council Act of  Nigeria”

The purpose of a survey plan in a land dispute is to show graphically the morphology of an area in dispute, its extent and size. Where a plaintiff desires to draw up or cause to be drawn up a survey plan showing the land in dispute, such a plan must show clearly the dimensions of the land, the boundaries and other salient features. That is how delicate a survey plan can be.

AKHIGBE Esq is CEO, Property Logic Incorporated/Business coach & Seminar speaker/expert in business and property law. Email:Propertylogic.incorporated@gmail.com/www.propertylogicincorporated.com: Tel: 2348034846284

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