12/01/2026
The appropriate time to engage a lawyer in any land transaction is at the point negotiations commence, not after the purchase price has been paid.
One of the primary responsibilities of a lawyer in a land transaction is to investigate the title to the property.
The fact that a buyer has known the seller for a long time does not guarantee that the seller’s title is valid or free from defects.
In many instances, a seller may have unknowingly acquired land that is subject to government acquisition or other encumbrances. Where such land is purchased, the buyer risks being served with a revocation or demolition notice by the government.
For this reason, it is imperative to consult a property lawyer before concluding any land transaction.
A lawyer will carry out the necessary due diligence to ascertain that the land is free from encumbrances and adverse claims before any documentation is prepared.
Discussing or preparing a Deed of Assignment or Power of Attorney without first conducting proper title investigation amounts to putting the cart before the horse.
A Deed of Assignment or Power of Attorney should only be prepared after due diligence has been completed and the lawyer is satisfied with the findings.
Mind you, no lawyer will persuade you to engage him/her in investigating the land title, it's in your own interest to pay and engage one for that purpose after which you can go ahead with preparation of the necessary documents if satisfied with the findings.