{UAH} Is there any way one can process a land title without the seller/mother title being present?
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11:48 AM |
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Is there any way one can process a land title without the seller/mother title being present?
Yes, you can process your land title if the owner refuses to handover the mother title. It's alittle complex but provided for under the law. Their original or white page will reflect your mutatio.
The only time that this option is available is when the seller is dead, out of jurisdiction or can't be found. In such a case the law allows the registrar to vest the property to you . But in instances where the seller is readily available but sturbornly refuses the options are very limited.
Normally in case of a subdivision the seller must deliver the original certificate of title and a plan that shows all the portions of land to be subdivided and then a new title can be processed for the buyer.
The options available are;
1. Talk to the seller and see if he agreeable with you handling the subdivision yourself.
2. If this fails I advise that you as soon as is possible lodge a caveat on the land to prohibit any dealing
3. Apply to court for an order of specific performance so that the seller can deliver up the land
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-- Yes, you can process your land title if the owner refuses to handover the mother title. It's alittle complex but provided for under the law. Their original or white page will reflect your mutatio.
The only time that this option is available is when the seller is dead, out of jurisdiction or can't be found. In such a case the law allows the registrar to vest the property to you . But in instances where the seller is readily available but sturbornly refuses the options are very limited.
Normally in case of a subdivision the seller must deliver the original certificate of title and a plan that shows all the portions of land to be subdivided and then a new title can be processed for the buyer.
The options available are;
1. Talk to the seller and see if he agreeable with you handling the subdivision yourself.
2. If this fails I advise that you as soon as is possible lodge a caveat on the land to prohibit any dealing
3. Apply to court for an order of specific performance so that the seller can deliver up the land
--
"When a man is stung by a bee, he doesn't set off to destroy all beehives"
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