By Dickson Jere
The Courts in Zambia have consistently advised buyers of real property or land to beware. So many people losing money in the transaction because of being in a hurry. When someone tells you to buy quickly to secure the plot or land, just know there is something fishy. Buying land is serious business, which require a detailed due-diligence before you pay.
Here are the few pointers from our Courts;
“A purchaser is under obligation to undertake full investigation of title before completing his purchase. He can only plead absence of notice if made all usual and proper enquiries. If he does not do so, or is careless or negligent, he is deemed to have ‘constructive notice’ of all matters he would have discovered.
A person has constructive notice of all facts of which he would have acquired actual notice had he made those inquiries and inspections which he ought reasonably to have made, the standard of prudence, being that of a man of business under similar circumstances. The purchaser should inspect the land, make inquiries as to anything which appears inconsistent with the title, offered by the vendor”.
Citation quoted by High Court in the case of Stiff Stick Industries Limited v Dahua Enterprise Limited – 2017/HP/1929
“In purchasing real properties, parties are expected to approach such transactions with much more serious inquiries to establish whether or not the property has encumbrances. Buying real property is not as causal as buying household goods or personal property,” Supreme Court ruled in the case of Nora Mwaanga Kayoba v Eunice Ngulube – SCZ Appeal No. 35 of 2001.
And when someone still insists that he does not need lawyer when purchasing land or real property. How can you deduce these things when most of the inquiries are in fact legal?
By the way, legal fees in Zambia are regulated by law. In conveyancing, the fees are based on percentage. So, it is not true that lawyers get more money than the price of the property. But then, you can take risk and go ahead without a lawyer. Anyway, you will still look for lawyer when you lose your property or money or when you get sued by the actual beneficial owner. At that point, you will pay more!
It is your choice.
Good morning folks.