Power of Attorney and Buying Land in Lagos
- 4 hours ago
- 5 min read
What Diaspora Investors Should Know Before Appointing Someone to Act for Them
Buying land in Lagos while living abroad can be challenging.
You may be unable to attend inspections, collect documents, visit government offices or sign every document personally. As a result, many diaspora investors appoint relatives, friends or trusted representatives to act on their behalf.
A properly drafted Power of Attorney can make this possible. However, it must be used carefully.
Giving someone authority over a property transaction is a serious decision. If the document is too broad or the wrong person is appointed, the investor may be exposed to unauthorised payments, questionable documents, conflicts of interest and costly disputes.
A Power of Attorney can help you manage a transaction from abroad, but it should never replace independent legal advice, professional verification or proper oversight.
What Is a Power of Attorney?
A Power of Attorney is a legal document through which one person authorises another person to perform specified actions on their behalf.
In a Lagos land transaction, the representative may be authorised to:
- attend property inspections;
- collect or submit documents;
- communicate with lawyers, surveyors and government offices;
- receive correspondence;
- sign clearly identified documents;
- complete specific administrative tasks.
The authority may be broad or limited. For most property transactions, a carefully restricted Power of Attorney is safer than giving someone unlimited control.
The document should state exactly what the representative can and cannot do.
It Does Not Automatically Transfer Ownership
A Power of Attorney generally authorises someone to act for you. It should not automatically be treated as proof that ownership of the land has been transferred.
The seller’s ownership must still be investigated. The appropriate transaction documents must still be prepared, executed and perfected.
Do not assume that a property is safe simply because the seller or representative produces a Power of Attorney.
The document does not automatically prove that:
- the seller owns the land;
- the title is genuine;
- there are no competing claims;
- the property is free from government acquisition;
- the correct approvals have been obtained;
- the transaction has been properly completed.
A Power of Attorney cannot correct a defective title.
Do Not Give One Person Control of Everything
One of the greatest risks in diaspora property transactions is allowing the same person to control every stage.
Be cautious when one individual:
- finds the property;
- negotiates the price;
- recommends the lawyer;
- claims to verify the title;
- receives the money;
- signs on your behalf;
- reports that everything is satisfactory.
This removes the checks and balances that should protect you.
A safer structure separates responsibilities:
- a trusted representative may coordinate locally;
- an independent lawyer should verify the title and prepare the documents;
- a registered estate surveyor and valuer can assess the property and its market value;
- a surveyor can confirm the location and survey details;
- you should approve every major decision and payment in writing.
A relative can assist you, but family trust should never replace professional verification.
Trust may support the transaction, but structure protects the investment.
What the Document Should Contain
A Power of Attorney for a land transaction should be drafted by a qualified lawyer for that particular property and purpose.
It should clearly identify:
- the person granting the authority;
- the person being appointed;
- the property or transaction involved;
- the specific actions permitted;
- any actions that are prohibited;
- whether the representative may sign documents;
- whether the representative may receive or transfer money;
- the period for which the authority is valid;
- how it may be revoked;
- whether the representative can appoint someone else;
- the records and reports that must be provided.
Avoid relying on a generic template downloaded from the internet.
The broader the authority, the greater the risk.
Be Particularly Careful with Money
Financial authority should be tightly controlled.
Your representative should not automatically have the power to:
- change the agreed purchase price;
- receive money into a personal account;
- approve additional charges;
- pay themselves;
- transfer your interest to another person;
- borrow against the property;
- complete the transaction without your written approval.
Payments should be traceable and supported by receipts, invoices and written instructions.
Do not transfer large sums merely because someone says the opportunity is urgent. A genuine transaction should withstand proper investigation.
Verify the Land Independently
Before paying for land in Lagos, arrange independent checks on:
- the identity and authority of the seller;
- the seller’s root of title;
- the survey plan and physical location;
- government acquisition or commitment;
- mortgages, disputes or competing interests;
- planning and land-use restrictions;
- pending litigation;
- family or community claims;
- required consents and registrations.
A photograph, receipt, family recommendation or Power of Attorney is not a substitute for a proper title search.
The professionals conducting the verification should represent your interest
not those of the seller, agent or developer.
Can It Be Revoked?
Some Powers of Attorney can be revoked, while others may be described as irrevocable because they are connected to a financial or proprietary interest.
The legal effect depends on the wording of the document and the circumstances surrounding the transaction.
Do not assume that sending a simple revocation message automatically ends the authority. If the representative has already signed documents, received money or created obligations, immediate legal advice may be required.
Your lawyer should explain the revocation process before you sign the document.
A Practical Checklist for Diaspora Buyers
Before appointing someone to act for you:
1. Engage your own independent property lawyer.
2. Identify the exact tasks requiring local representation.
3. Limit the Power of Attorney to those tasks.
4. Include an expiry date or completion trigger.
5. Restrict the representative’s authority over money.
6. Prohibit unauthorised delegation.
7. Require written reports and copies of every document.
8. Separate the representative from the title-verification team.
9. Verify the property independently before making payment.
10. Approve all significant decisions and payments in writing.
Convenience should never come at the expense of control.
The Jermaine Perspective
For diaspora investors, a Power of Attorney can provide a practical way to manage a land transaction from abroad.
The problem is not necessarily appointing someone you trust. The problem is giving that person unlimited authority without clear boundaries, independent verification and professional accountability.
Your representative should know exactly what they are authorised to do.
Your lawyer should act independently.
Your payments should remain traceable.
Your approvals should be documented.
Your property should be verified before you commit your money.
You do not have to be physically present to remain professionally in control of your transaction.
Use a Power of Attorney as a carefully designed legal tool—not as permission for someone else to make uncontrolled decisions with your property and finances.
Trust wisely. Verify independently. Document everything.
For more practical diaspora real estate and project-management insights, visit JermaineSanwoOlu.com.
This article provides general information and does not constitute legal advice. Consult a qualified Nigerian legal practitioner before entering into a property transaction.
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