HOW TO CONFIRM IF A PROPERTY IN THE WESTERN AREA OF THE REPUBLIC OF SIERRA LEONE IS CONFLICT-FREE

INTRODUCTION

Do you know the biggest constraint in buying property in the Republic of Sierra Leone's Western Area is its underlying encumbrances? This could be because the property has claims from multiple individuals, each with their document; the property is under court injunction; the seller lacks proper title; the seller is ineligible to sell; or the property is affected by a government development project or falls within government restricted areas. click here

Since you still have no choice but to buy a property, you must take precautions against these risks by performing a thorough title check.

Conducting a property title search and verification in the Western Area of the Republic of Sierra Leone entails many procedures and stages. The general goal of verifying a property is to determine if the property has a good root of title and, if not, to identify any faults in the property's title. These steps include steps that can be lots easier if you use the Global Salone 3S Model, which is:

1. Search on the document (the title document of the property)

2. Search on the Property

3. Search on the Owner(s) /Seller(s)

These steps are stated in a relaxed chronological order. So, it doesn't matter where you start.

1. The DOCUMENT

The document refers to the Title document of the property. This is the easiest step among the three stages. When conducting a search on the document, you should request the document from the seller or representative. Property document in the western area is usually labelled as Conveyance, Deed of Gift, Vesting Deed, etc. Irrespective of the name, the process will remain the same. Verify the document at the:

a) office of the Administrator and Registrar General (OARG): In conducting a search on the document for properties in the Western Area of the Republic of Sierra Leone, the first point of contact should be the OARG at 17 Walpole Street, Freetown-Roxy building. Here, you can verify whether the document is registered using the Volume and page number. Only properties duly registered with the Administrator and Registrar General can be checked here. This document reveals the root of the property to date, the previous owners and how it was acquired or secured from the first owner to the current seller (s). Sometimes, digging deeper into the property's history and verifying the previous owners may be necessary. Talking to previous owners gives you incredible information to decide the Genuity of the land. This is only possible if the previous owner is reachable. You can go ahead and complete this procedure during your physical inspection by asking about the property's history in the neighbourhood.

b) Survey Plan: Conducting a survey confirmation at the Director of Survey and Lands at the Ministry of Lands, Housing and Country Planning at Youyi Building, Brookfields, and Directorate of Survey and Land in New England, Freetown. These involve confirming the location of the land using the coordinates and LS number provided in the survey plan. This step is critical in the land verification. You can confirm if a previous survey has been conducted for the same or if the survey encroach on other land. You can also confirm the acreage stated on the document in your possession if it is as in the system. If the measurement differs, ask why this is the case.

c) Other title documents: In certain transactions, the seller (s) may not be the bona fide property owner; in that case, additional documents might be required. Such documents include Power of Attorney, Letter of Administration, Vested Deeds, Court orders, etc. You can go ahead and verify the record at the ARGO for Power of Attorney. For a Court order or Letter of Administration, it is necessary to do a probate registry search to validate if probate has been granted on any estate, which the administrator(s) of the estate is, or to discover the executors of a testator in the case of assets belonging to the estate of a deceased. Unless a grant of probate or letters of administration has been obtained and is still valid, the sellers lack the legal power to sell or transfer a dead person's property.

Bonus:

In the case of a business divesting a leasehold or freehold property in the Western Area of the Republic of Sierra Leone, additional steps exist. Because the company must be incorporated with the Corporate Affairs Commission (CAC), it is necessary to search for the Corporate Affairs Commission (CAC)- to know the legality of the company and at the Master and Registrar of the High Court of Sierra Leone to ascertain the legitimacy of the business and that no restrictions or whatsoever are placed on the property or the organisation.

2. THE PROPERTY

This is the most essential step to verify a property in the western area of the Republic of Sierra Leone, mainly if the proposed property to be sold is land in an undeveloped area or has any history of encumbrance.

It seems that a physical visit to the property concerned can only accomplish this step. The purpose of a physical inspection is to detect any defects in the title, confirm the physical condition, know the boundary of the land and confirm if it corresponds with the coordinate or survey plan; and also to know whether it is in possession by any person, whether by tenancy, leasehold, or even seizure through any competent court or police order or by any form of a valid injunction.

You can talk to the owners of neighbouring properties or people in the surrounding neighbourhood. As well as the Headman/Headwoman in the community. For Safety reasons, try to be open to conversation with the community's residents and tell them frankly your interest in the property concern and who you have been talking to in connection to the land. In addition, enquire if the said land is in any way labelled as:

1. state land
2. ? wetland or protected area by EPA, NPAA, or Forestry
3. ? disaster-prone area/
4. ? prohibited or water catchment areas
5. claim by any person(s)

3. THE OWNERS/SELLERS

This step, despite its crucially importance, needs to be more timely and addressed by many property buyers. Sierra Leoneans tend to trust others by their looks and background easily. In fact, it is the painted "pit" that has led many people to land in trouble.

Therefore, for a single property owner, could you verify his identity and thoroughly check his background, profession or occupation, reputation, family status and permanent residence? If necessary, ask for a copy of any valid national identity card.

Suppose a property is owned by more than one person or a community. In that case, this can be accomplished by studying the seller's family to identify the entire or the leading family members and other families in the town where the property is situated, mainly if the property is subject to family or community ownership. Confirming the approval or consent of all family members, including the family heads, is critical to prevent invalid or voidable transactions.

If a third party represents the owner (s), determine the owner's relationship with the person(s), the degree of power or whatsoever the person has in the transaction, and any accompanying supporting document. If the owner is represented by a broker, legal firm or solicitor, study the history of the firm/broker and the individual you are dealing with to ensure you are dealing with a credible representative (s).

CONCLUSION

When acquiring a piece of land or property, it is essential to undertake basic research and due diligence to eliminate any uncertainties, ambiguities, or misunderstandings. The only way to verify that the land/property acquired in a transaction has a valid title is to do a complete and comprehensive search in the locations mentioned earlier by following the Global Salone 3S model for effectiveness and efficiency.

Finally, using the services of a credible legal or real estate professional to do the search and advise on purchasing property in the Western Area of the Republic of Sierra Leone is critical to ensuring that you receive a legitimate property with sound title.

Disclaimer: This article's information serves as a broad primer on the topic. You should be able to look for a specialist's opinion about your situation.

Ismail Sheku Umarr KebeWant to know more about him?

MBA, BSc (Hon) Applied Accounting, IPAM, USL. Trained Real Estate Asset Manager and valuer.

Head of Accounts and Operations, Global Salone Property and Investment Company Limited, with Nine years of progressive experience in Brokerages Valuation and Property management in Sierra Leone.