LAND DISPUTE

  • LAND DISPUTE

    Posted by Bur Massaa on February 28, 2022 at 5:57 pm

    Dear Madam/Sir,

    I paid for a land in Abuja through Access and Partners eight years ago. The MD of the company ran away with my money. I have a payment evidence and I know where the land is located. Kindly can you help me secure the land I paid for?

    Best regards,

    Bur.

    Abdulbasit Usman replied 1 year, 9 months ago 2 Members · 4 Replies
  • 4 Replies
  • profile avatar buddyboss 50

    Abdulkareem6ix

    Member
    February 28, 2022 at 5:59 pm

    yes

  • profile avatar buddyboss 50

    Abdulkareem6ix

    Member
    February 28, 2022 at 6:14 pm

    The first step is to write a demand letter wherein you will chronicle all the details of the transaction and give them atleast seven days to convey the land back to you. The essence of this is to activate the matter which may have been caught up by statute of limitation. If they fail, you file an action in Court

  • a250985b62efc6a18dbcf1404f5cce60

    John Laz

    Member
    February 28, 2022 at 9:58 pm

    Dear Bur

    Your land can be recovered but the ability to recover the land back to you will depend on if Access and Partners paid for the land (whtether on your behalf or not) and if your proof of payment shows clearly that you were paying for the particular land.

    Also, the involvement of the land owner may be an important factor to consider.

    So you’ll need to clarify some of these issues:

    1. Who is currently in possession of the land or owns it?

    2. What was the nature of transaction leading to the payment you made?

    3. Who were the parties involved and what were their positions/roles?

    4. How was the payment made?

    5. Was there any written agreement in respect of the land?

    Answers to above questions will determine whether you’ll be able to recover the land or money.Dear Bur

    Your land can be recovered but the ability to recover the land back to you will depend on if Access and Partners paid for the land (whtether on your behalf or not) and if your proof of payment shows clearly that you were paying for the particular land.
    Also, the involvement of the land owner may be an important factor to consider.
    So you’ll need to clarify some of these issues:

    1. Who is currently in possession of the land or owns it?

    2. What was the nature of transaction leading to the payment you made?

    3. Who were the parties involved and what were their positions/roles?

    4. How was the payment made?

    5. Was there any written agreement in respect of the land?
    Answers to above questions will determine whether you’ll be able to recover the land/money or not.

    Regards,

    John Laz.

  • profile avatar buddyboss 50

    Abdulbasit Usman

    Member
    March 1, 2022 at 3:03 pm

    While it may be possible to get access to the land depending on the nature of the transaction and the contract entered into between you and the said Access & Partners as well as with the owner of the land, in instances like these the best option is usually one to reclaim the amount already paid in respect of the transaction.

    The reason for the opinion as stated above is that it is advisable to wash your hands off these type of transactions when you discover early enough that there are elements of fraud to it. If you have the option of suing the said company for the refund of the amount paid, take that option, get your money back and a little extra as damages for the nefarious act of the company’s principal officer. Thus, my first recommendation to you is to sue for a breach of contract, claiming the refund of the sum already paid, and damages (whether General or special) for losses caused by the action of the company.

    In the alternative, depending on the nature of the contract, the parties involved and the terms of the agreement, you may approach a court for an order of specific performance, compelling the company to convey the land to you as agreed. However, for this to happen, there must have been a contract between you and the company for the conveyance of the land, and the contract must have shown that the company had the power to convey the land or at least have the power to secure the conveyance of the land to you.

    Anyways, to my mind, it all depends on the circumstances of the case and until I have the full facts, my response will always be conditioned, of course on sets of facts that give rise to any one of the two options I have highlighted as available.

    Do not hesitate to get in touch if you need to discuss this issue further.

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Dear Madam/Sir, I paid for a land in Abuja throug…
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