Wednesday, 10 October 2018

What is a Deed of Assignment and the Foolish Risk your taking for not having a Deed of Assignment for your Land

What is a Deed of Assignment?

I took my time to research more concerning deed of assignment, After much research i came across this from omonile lawyers, i bet you majority of land buyers today don't collect this documents after purchasing plot(s) of land.
A deed of Assignment is one of the most important documents YOU MUST HAVE when you conclude a Land Transaction. In fact it baffles me that 6 out of 10 people I know who have bought lands in the past have no deed of assignment. They are always the first to complain that Omonile has defrauded them but they have no proof to show the property has been sold to them other than a receipt.

It’s funny that everyone has the title documents to their car showing who the seller was and how it was transferred from the Seller of that car to you the new owner but when it comes to landed properties which are 10 times more valuable than cars, we fail to ask for this one simple important document that can prove ownership of that land. What then is this all important deed of Assignment I am alluding to? This can be found from the following definitions below:

A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land to that the Seller that has just bought land.
The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller. The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.
A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.
In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance. The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner. Such Key issues include:
Signing a Deed of Assignment and having that Deed is your number 1 evidence against another person that is trying to claim ownership of that same land too. If you have a land and no deed yet, i feel sorry for you! Better consult your Lawyer to go draft one for you now to save yourself future problems
Signing a Deed of Assignment and having that Deed is your number 1 evidence against another person that is trying to claim ownership of that same land too. If you have a land and no deed yet, i feel sorry for you! Better consult your Lawyer to go draft one for you now to save yourself future problems
1. The Parties’ to the Agreement e.g between Mr A and Mrs K
2. The addresses of both parties and how it is binding on their successors, friends, colleagues and those representing them in any capacity.
3. The history of the land in question how it was first obtained down to the moment its about to be sold including and documents it previously had till this date
4. The agreed cost of the land and the willingness of the Seller to finally accept that price paid for the land
5. The description and size of the land to be transferred.
6. The covenants or promises both parties choose to undertake to perfect the transfer of the document
7. The signature of the parties to the Assignment and Witnesses to the Transaction
8. Finally the section for the Commissioner of Oaths or Governors Consent to sign and validate the agreement.
These are the important features of a Deed of Assignment and must be included in all Documents for it to be valid.
Don’t listen to any Omonile who tells you he doesn’t or the family doesn’t sign a deed of assignment and that it is only a receipt you need. He is only looking for a way to resell your land to another person and to use receipt as a ploy to prevent you from establishing true ownership of your land.
Always consult a property lawyer before you buy a land to help prepare a deed of assignment. It will be your greatest mistake if you don’t have one.
Below is a sample deed of assignment and how it looks so that you don’t fall victim of land swindlers
SAMPLE DEED OF ASSIGNMENT
The Cover of the Deed of Assignment must show the parties to the transaction and the description of the land sold
The Cover of the Deed of Assignment must show the parties to the transaction and the description of the land sold

The first page of the Deed of Assignment must contain the parties to the transaction and the brief history of how the land became the Sellers property
The first page of the Deed of Assignment must contain the parties to the transaction and the brief history of how the land became the Sellers property

The third page must contain the description of the land to be sold, the surveyor that did it, the cost of the land, the acceptance of the cost of the land and the promises both parties will make to themselves to abide with after the deal has been sealed.
The third page must contain the description of the land to be sold, the surveyor that did it, the cost of the land, the acceptance of the cost of the land and the promises both parties will make to themselves to abide with after the deal has been sealed.

The last page must show the signatures of the parties and the witnesses to that transaction and finally below , the section for the commissioner of oaths to endorse or the Governor to assent his consent to this transaction
The last page must show the signatures of the parties and the witnesses to that transaction and finally below , the section for the commissioner of oaths to endorse or the Governor to assent his consent to this transaction
Always consult with a lawyer before entering a legal contract.
Borrowed From - Omonile Lawyers

The Importance of Record Copy of a Survey Plan

The Importance of Record Copy of a Survey Plan

A Record Copy (also referred to as Red Copy) is a copy of the original survey carried out by a Registered Surveyor which is lodged in the Cadastral Records department of the Office of the Surveyor General of the State.
The Record Copy is very important because it is required during the processing of any land title. In fact, a survey is not complete until the record copy is lodged.
An evidence of lodgment is usually given to the surveyor after successful lodgment of the record copy.
The time required to lodge a Record Copy depends on the state where the survey was carried out. For a survey carried out by a Registered Surveyor in Lagos state, lodgment of record copy should not take more than 2 months after submission.
It is very important for clients to demand for the evidence from the surveyor so that they don’t have issues during the processing of title because it was not lodged.

Friday, 21 September 2018

TRAVERSE CALCULATIONS- PROCEDURE

TRAVERSE CALCULATIONS

PROCEDURE FOR TRAVERSE CALCULATIONS

  • Adjust angles or directions
  • Determine bearings or azimuths
  • Calculate and adjust latitudes and departures
  • Calculate rectangular coordinates

    BALANCING ANGLES OF CLOSED TRAVERSES



    An example of a calculation involving interior angles is available.

    ADJUSTING ANGLES

  • Adjustments applied to angles are independent of the size of the angle
  • Methods of adjustment:
      Make larger corrections where mistakes were most likely
      Apply an average correction to each angle
      Or a combination
  • Never make an adjustment that is smaller than the measured accuracy

    DETERMINING BEARINGS OR AZIMUTHS

  • Requires the direction of at least one line within the traverse to be known or assumed
  • For many purposes, an assumed direction is sufficient
  • A magnetic bearing of one of the lines may be measured and used as the reference for determining the other directions
  • For boundary surveys, true directions are needed

    LATITUDES AND DEPARTURES

  • The latitude of a line is its projection on the north-south meridian and is equal to the length of the line times the cosine of its bearing
  • The departure of a line is its projection on the east-west meridian and is equal to the length of the line times the sine of its bearing
  • The latitude is the y component of the line and the departure is the x component of the line

    LATITUDES AND DEPARTURES



    CLOSURE OF LATITUDES AND DEPARTURES

  • The algebraic sum of all latitudes must equal zero or the difference in latitude between the initial and final control points
  • The algebraic sum of all departures must equal zero or the difference in departure between the initial and final control points

    CALCULATION OF LATITUDES AND DEPARTURES

    Using bearings
    StationBearingLengthLatitudeDeparture
    A
    N 26° 10'E285.10+255.88+125.72
    B
    S 75° 25'E610.45-153.70+590.78
    C
    S 15° 30'W720.48-694.28-192.54
    D
    N 1° 42'W203.00+202.91-6.02
    E
    N 53° 06'W647.02+388.48-517.41
    A
    MISCLOSURE-0.71+0.53

    CALCULATION OF LATITUDES AND DEPARTURES

    Using azimuths
    StationAzimuthLengthLatitudeDeparture
    A
    26° 10'285.10+255.88+125.72
    B
    104° 35'610.45-153.70+590.78
    C
    195° 30'720.48-694.28-192.54
    D
    358° 18'203.00+202.91-6.02
    E
    306° 54'647.02+388.48-517.41
    A
    MISCLOSURE-0.71+0.53

    ADJUSTMENT OF LATITUDES AND DEPARTURES

    Compass (Bowditch) Rule 

    ADJUSTMENT OF LATITUDES AND DEPARTURES

    StationAzimuthLengthLatitudeDeparture
    A+0.08-0.06
    26° 10'285.10+255.88+125.72
    B+0.18-0.13
    104° 35'610.45-153.70+590.78
    C+0.21-0.15
    195° 30'720.48-694.28-192.54
    D+0.06-0.05
    358° 18'203.00+202.91-6.02
    E+0.18-0.14
    306° 54'647.02+388.48-517.41
    A
    TOTALS2466.05-0.71+0.53

    ADJUSTMENT OF LATITUDES AND DEPARTURES

    BalancedBalanced
    StationLatitudeDepartureLatitudeDeparture
    A+0.08-0.06
    +255.88+125.72+255.96+125.66
    B+0.18-0.13
    -153.70+590.78-153.52+590.65
    C+0.21-0.15
    -694.28-192.54-694.07-192.69
    D+0.06-0.05
    +202.91-6.02+202.97-6.07
    E+0.18-0.14
    +388.48-517.41+388.66-517.55
    A
    TOTALS-0.71+0.530.000.00

    RECTANGULAR COORDINATES

  • Rectangular X and Y coordinates of any point give its position with respect to a reference coordinate system
  • Useful for determining length and direction of lines, calculating areas, and locating points
  • You need one starting point on a traverse (which may be arbitrarily defined) to calculate the coordinates of all other points
  • A large initial coordinate is often chosen to avoid negative values, making calculations easier.

    CALCULATING X AND Y COORDINATES

    Given the X and Y coordinates of any starting point A, the X and Y coordinates of the next point B are determined by:


    COORDINATES

    BalancedBalanced
    StationLatitudeDepartureY-coordX-coord
    A10000.0010000.00
    +255.96+125.66
    B10255.9610125.66
    -153.52+590.65
    C10102.4410716.31
    -694.07-192.69
    D9408.3710523.62
    +202.97-6.07
    E9611.3410517.55
    +388.66-517.55
    A10000.0010000.00
    TOTALS0.000.00

    LINEAR MISCLOSURE

    The hypotenuse of a right triangle whose sides are the misclosure in latitude and the misclosure in departure.


    TRAVERSE PRECISION

  • The precision of a traverse is expressed as the ratio of linear misclosure divided by the traverse perimeter length.
  • expressed in reciprocal form
  • Example
      0.89 / 2466.05 = 0.00036090
      1 / 0.00036090 = 2770.8

      Precision = 1/2771
  • Thursday, 13 September 2018

    How to Measure Angles Using a Theodolite - Part 2 Taking a measurement

    How to Measure Angles Using a Theodolite

    Image result for how to use theodolite
    A theodolite is an instrument used commonly by builders and engineers to measure precise angles, which is necessary for large scale construction projects. A basic modern optical theodolite typically consists of a small telescope which is connected to two angle measuring mechanisms, one for measuring horizontal angles and one for measuring vertical angles. It sits atop a rotatable base with a leveling mechanism on a tripod. Once the theodolite is set up, the telescope is turned to spot the desired point and then the angle from the point that the theodolite is placed to the point spotted in its telescope can be read through the eyepiece of the scope.
    Image result for how to use theodolite

    Taking a measurement

    Step 1

    Unlock the upper horizontal clamp, and rotate the theodolite until the arrow in the rough sights is lined up with the point you wish to measure, then lock the clamp. Use the upper horizontal adjuster (not the clamp) to align the object between the two vertical lights in the sight.
    Image result for how to use theodolite

    Step 2

    Look through the small eyepiece, and using the fine adjustment knob to get a precise horizontal line up with your object. The degrees from your reference are measured on the horizontal degree scale, the minutes and seconds on the fine adjustment scale (ex. 30 degrees 10'30").
    Image result for how to use theodolite

    Step 3

    Unlock the vertical clamp and look through the sight while moving the theodolite up and down to find the precise spot vertically on your object that you'd like to measure. Lock the clamp and use the fine vertical adjustment knob to get a precise fix on the point you've chosen. Then look through the small eyepiece and read off the degrees, minutes and seconds from the vertical scale and the fine adjustment scale as you did for the horizontal scale. If your object is up high you'll need to do a rough horizontal adjustment first, then do the vertical measurement, then readjust for the final horizontal measurement. These two coordinates give the exact angle between your reference and your point of interest, but you can also measure the angle between two points by comparing their two measurements, or by setting the first point as the reference.

    How to Measure Angles Using a Theodolite Part 1 - Setting up the theodolite

    How to Measure Angles Using a Theodolite

    Image result for how to use theodoliteImage result for how to use theodolite
    A theodolite is an instrument used commonly by builders and engineers to measure precise angles, which is necessary for large scale construction projects. A basic modern optical theodolite typically consists of a small telescope which is connected to two angle measuring mechanisms, one for measuring horizontal angles and one for measuring vertical angles. It sits atop a rotatable base with a leveling mechanism on a tripod. Once the theodolite is set up, the telescope is turned to spot the desired point and then the angle from the point that the theodolite is placed to the point spotted in its telescope can be read through the eyepiece of the scope.

    Setting up the theodolite

    Step 1

    Find a patch of firm level ground with a good view of what you wish to spot.
    Image result for how to use theodolite

    Step 2

    Extend the legs of the tripod so that the theodolite will be at a comfortable level for you to use, splay them as far as they will go (most theodolite tripods will have a mechanism that will lock them when they reach their maximum separation and extension), and stick the ends of the legs into the earth as much as you can.

    Step 3

    Adjust the three leveling screws on the base of the theodolite so that it is level. The spherical spirit level mounted on the theodolite will give you an idea of when it is roughly level.
    Image result for how to use theodolite

    Step 4

    Align the long spirit level with two of the three screws and readjust with those two screws to achieve a more accurate level on that axis. Then turn the theodolite 90 degrees on its base and adjust again using the third screw.
    Image result for how to use theodolite

    Step 5

    Release the two horizontal adjuster clamps (usually large knobs on either side of the theodolite, slightly vertically offset).

    Step 6

    Align the upper part of the theodolite with the mark on the ring between the two sides which are connected to the horizontal clamps, then lock the upper clamp.

    Step 7

    Open the mirror light source on the side of the theodolite, and look through the small eyepiece. You will see three scales: horizontal, vertical, and fine adjustment. Use the fine adjustment knob on the upper part of the theodolite to align the mark with 0'00" (0 minutes and 0 seconds of arc).

    Step 8

    Align the long spirit level with two of the three screws and readjust with those two screws to achieve a more accurate level on that axis. Then turn the theodolite 90 degrees on its base and adjust again using the third screw.

    Step 9

    Release the two horizontal adjuster clamps (usually large knobs on either side of the theodolite, slightly vertically offset).

    Step 10

    Align the upper part of the theodolite with the mark on the ring between the two sides which are connected to the horizontal clamps, then lock the upper clamp.

    Step 11

    Open the mirror light source on the side of the theodolite, and look through the small eyepiece. You will see three scales: horizontal, vertical, and fine adjustment. Use the fine adjustment knob on the upper part of the theodolite to align the mark with 0'00" (0 minutes and 0 seconds of arc).

    HOW TO USE A SURVEYOR'S THEODOLITE

    HOW TO USE A SURVEYOR'S THEODOLITE

    Image result for how to use theodoliteImage result for how to use theodolite
    A surveyor's theodolite is used to measure horizontal and vertical angles. These measurements are used to plot boundary lines, building foundations and utility routing. A theodolite measures distance manually by chains of standardized length or metal measuring tapes along the length of the desired angle. Land-surveying students use a theodolite as a way to learn the principles of angle measurement. Surveying on the job requires the use of more-advanced surveying instruments.
    Drive a surveyor's nail into the ground at the point where you want to set up the theodolite. Angles will be measured from this point, as will distances.
    Set up the tripod legs, taking care to set the height where the instrument sight will be at a comfortable eye level. Be certain to check that the hole in the center of the mounting plate is located over the nail. Press each leg into the ground by stepping on the bracket at the bottom of each leg.

    Fine-tune the position of the legs so that the mounting plate on the top of the tripod is as eye-level as possible.

    Remove the theodolite from the case. Most theodolites have a sturdy handle on top. This is the best place to lift the instrument. Gently place the instrument on the mounting plate and screw in the mounting knob beneath the instrument.
    Image result for how to use theodolite

    Adjust the theodolite to level by adjusting the tripod legs, using the bull's-eye level. Fine-tune the adjustment with the leveling knobs on the instrument.
    Adjust the small sight, called the vertical plummet, at the bottom of the theodolite. This sight allows you to make certain the instrument is centered directly over the nail. Fine-tune the vertical plummet by adjusting the knobs on the bottom of the theodolite.
    Image result for how to use theodoliteImage result for how to use theodolite
    Look through the main scope and aim the crosshairs at the point to be measured. Twist the locking knobs to hold the theodolite in position on the exact point. View the horizontal and vertical angles in the viewing scope on the side of the instrument.

    Tip

    To fully understand the use of surveying instruments, take a course from a licensed surveyor. The hands-on experience is invaluable in understanding the more abstract concepts associated with mathematics and instrument operation.

    Warning

    Use care when transporting and operating the theodolite. These precise measuring devices are very sensitive, and they are expensive to repair if damaged.