25/08/2026
STOP! Don't Buy A Lawsuit Instead of Land.
In land matters, sentiment can make you lose your money. I see this every day in Fako Division.
Here are 2 DEADLY mistakes you must avoid:
1. Buying a deceased person's land without Letters of Administration or a Grant of Probate with Will Annexed.
When the owner dies, the land does NOT automatically belong to the family member in possession. Possession is not ownership.
By law, only the Administrator (appointed by the Court via Letters of Administration) or the Executor (appointed via Grant of Probate) has the locus standi to sell that property. If the seller cannot show you this document, he has no legal capacity to pass a good title to you.
Remember the principle: Nemo dat quod non habet You cannot give what you do not have.
2. Buying when the name on the title documents does not match the seller.
He says "I'm the son of the late Pa John who owns this land"? That is not enough in law.
If the Land Certificate, Deed of Conveyance, or Sales Agreement still bears the deceased father's name and the son's name is not on it as Administrator or Executor, DO NOT PAY. Being a biological heir does not equal being a legal heir with power of sale.
My Advice:
Negotiate your due diligence differently. Don't just negotiate price, negotiate documents.
Before you pay a franc, let your lawyer:
1. Conduct a proper search at the Land Registry.
2. Verify the chain of title and root of title.
3. Demand and authenticate the Letters of Administration or Grant of Probate with Will Annexed.
Land is expensive. Litigation is more expensive.
Don't buy a CASE when you think you are buying LAND.
Have you verified your title today?