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Diaspora

Buying property in Nigeria from abroad: power of attorney done right

4 min read
Xavorian Property Desk— Editorial

If you are buying property in Nigeria from abroad, someone has to stand in for you at home. They will sign things, visit the land, sit at the lawyer's office and collect documents. Most people hand that job to a brother, an aunty or a childhood friend, with nothing written down. That is where the trouble starts. The tool that fixes it is old, boring and very effective: a proper power of attorney.

What a power of attorney actually is

A power of attorney, often called a POA, is a legal document where you, the donor, give another person, the attorney or donee, the authority to act for you. It can be general, covering many things, or specific, covering one transaction. For property, specific is almost always better.

A specific POA can say: this person can inspect this plot at this address, sign the deed of assignment for this plot on my behalf, and apply for Governor's consent in my name. It does not say: this person can do anything with my property forever. The narrower the power, the smaller the damage if something goes wrong.

Who to appoint, and why a lawyer is often better than family

Love is not a qualification. Ask yourself: does this person understand land documents? Will they stand firm if a seller pushes? Can you fire them without a family meeting?

Many diaspora buyers now give the POA to their own property lawyer, chosen independently, with a family member as the eyes on the ground. The lawyer handles the paperwork and is professionally accountable. The family member visits the site and reports back. Two people, two jobs, and they check each other.

Whoever you choose, make sure the name on the POA, the name on the payment instructions and the name on the receipts all line up with your own name as the buyer. The property must be bought in your name, not the attorney's. This sounds obvious. You would be surprised how many houses are sitting in the wrong name.

Signing it properly from abroad

A POA signed abroad usually needs to be signed before a notary public, and many people also have it authenticated at the Nigerian embassy or high commission in their country of residence, so that it is accepted without fuss at home. Your Nigerian lawyer will tell you the exact format your state's lands registry expects.

Where a POA will be used for land transactions, it is often registered at the state lands registry. A registered POA is easier to verify and harder to fake. Keep the original safe and send certified copies where needed.

One more thing: know how to cancel it. A POA can usually be revoked by you in writing, and the revocation should be communicated to the attorney and, where the POA was registered, recorded. Some POAs given for payment are drafted as irrevocable, and those are different animals. Read before you sign, and ask your lawyer to explain every line.

Video inspections that actually prove something

A video call where the camera points at a nice gate proves nothing. Make your inspections work harder. Ask your attorney or your eyes-on-the-ground to start the call at a known landmark and walk to the property without cutting the video. Ask them to show the street sign, the beacon numbers on the land, the meter number on the house, and the view from each corner.

Ask for a short recorded video too, with location turned on, and a quick daily summary in writing. If the land is in an estate, ask to speak to the estate office on the same call. Real people answer real questions. Sharp sharp.

Then compare what you saw with the survey plan and the listing photos. If the shape of the land, the road or the neighbouring building does not match, pause everything.

Money moves last, and only to the right name

Never send purchase money to your attorney's personal account to 'pass it to the seller'. Pay directly to the seller's account, after your lawyer confirms the title, and confirm that the account name matches the seller on the documents. Ask for receipts in your name. Keep a folder, physical and digital, with every document, receipt and video.

Distance makes everything feel urgent. It is not. A good property will survive two weeks of checks. A fake one will not.

If you want to start from a cleaner pool, Xavorian checks every lister's ID, liveness and bank account name before a listing goes live, so you can shortlist from abroad with more confidence and let your attorney do the rest.

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