Estate Surveyors and Valuers Cannot Prepare Tenancy/Land Documents.

Estate Surveyors and Valuers Cannot Prepare Tenancy/Land Documents. Daily Law Tips (Tip 706) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

 Introduction: 

The affairs of man are highly regulated for orderliness and control among other things. When any discipline or line of human endeavor is organized and standardized, it also gets regulated. The regulations on a profession place a huge responsibility on the shoulders of the few that are admitted into the profession and it also ensures that non-professionals do not interfere or attempt to interfere with the works of the professionals.

Imagine a world, where any person can practice medicine, fly a plane, carry any gun and sell anything. The few endeavors of mankind that seem not regulated or poorly regulated are already a nightmare. Imagine the work of some land agents, artisans, religious merchants and seers. This underscores the importance of regulation of professionals and professions, especially in Nigeria, where enforcement, standardization and general regulations are on a great decline. 

This work emphasis on the exclusive right of legal practitioners admitted to the Nigeria bar to prepare land documents in Nigeria (whether for sale, rent, mortgage or any transaction on land). It clearly shows that no other person, professional or non-professional can perform the work of lawyers in any part of Nigeria. Also, the crime and punishment for performing the duties of a legal practitioner by any non-legal practitioner are pointed out. 

The Crime Of Preparation of Land/Tenancy Documents?: 

Any person can be anything to himself/herself. After all, we have more musicians in bathrooms than in any part of the world. So, where a person does the work of a professional for himself, the person may not have violated any law or regulation, so far as in doing so, the person did not violate the right of other persons or attempted to commit suicide. For example, any person may self-medicate (prescribe drugs for himself/herself), in some part of the world this is not a crime, so far as the person does not do such for another person or does not do such to himself in order to commit suicide. 

On the issue at hand, it is a criminal offence in Nigeria, for a person that is not a legal practitioner to prepare any document relating to rent, tenancy, lease, mortgage, sale, transfer, gift, land, landed property, extracted and not-extracted minerals resources, mines, buildings, structures or relating to probate, letters of administration or any proceedings in court in Nigeria. It is a federal offence punishable with fine not more than #200.00 or and imprisonment for not more than 2 years. Where an offender is a company, the directors, managers, secretaries or any such officer as well as the company will be held liable. Well, this offence cannot be brought to court after 3 years that the offence was committed.

Legal Practitioners, Other Professionals and Other Persons:

A legal practitioner is a lawyer that has been admitted into the Nigerian Bar and enrolled at the Supreme Court of Nigeria. So, a law graduate, a holder of any degree in law (including a PHD in law) is not a legal practitioner in Nigeria, until such a person is admitted into the Nigerian Bar (call to bar). Also, a legal practitioner called to the bar of any other country or state, but not called to the Nigerian Bar is not a legal practitioner in Nigeria, even if the person is resident in Nigeria.

In the course of work, many other professionals or persons are opportune to work and relate with legal practitioner. Such other professionals and persons may even understand the workings of law, but that does not make such them legal practitioners. There is no middle ground or waiting room, it is either one is a legal practitioner or not. 

If a person is not a legal practitioner and the person does the work of legal practitioners, the person has committed the crime mentioned earlier. Also, if a person that is not a legal practitioner does the work of a legal practitioner by misrepresenting himself as a legal practitioner, the person has committed another crime (Criminal Misrepresentation) and may be “forgery” aside the crime of doing the work of a legal practitioner. 

Estate Surveyors and Valuers are not legal practitioners and cannot play the role of legal practitioners! Estate Surveyors and Valuers are persons in the profession of Estate Surveying and Valuation. According to their official website, Estate Surveying and Valuation means “the art, science and practice of: 

1. Determining the value of all description of property assets (Corporate and incorporated, movable and unmovable, real and personal) embracing land and buildings, plant and machinery, furniture and fittings/equipment and all other business assets. 

2. Acquiring, managing and developing estates including facilities and other business concerns with the management of property assets. 

3. Securing the optional use of land and its associated resources to meet social and economic needs. 

4. Determining the condition of building and their services and advising on their maintenance, alteration and improvement. 

5. Determining the economic use of property asset and its associated resources by means of financial appraisal. 

6. Selling, buying or letting as an agent, real or personal property or any other interest therein.” 

Since Estate Surveyors and Valuers are not legal practitioners, they cannot do the work of legal practitioners, like to prepare any document relating to rent, tenancy, lease, mortgage, sale, transfer, gift, land, landed property, extracted and not-extracted minerals resources, mines, buildings, structures or relating to probate, letters of administration or any proceedings in court in Nigeria. If any Estate Surveyor and Valuer prepares any such land document, on an agreement to be paid for such service, the agreement to that the Estate Surveyor and Valuer be paid is invalid as well as any monies, payments or ownership obtained via such invalid documents. So, any of the parties to such transaction can at any time collect back any monies, payments made to an Estate Surveyor and Valuer or any person to prepared such regulated agreements.

Estate Surveyors and Valuers in Nigeria are regulated by the Estate Surveyors and Valuers Registration Board of Nigeria (ESVARBON) and its official website is https://www.esvarbon.gov.ng, email is info@esvarbon.gov.ng and phone numbers are +234 803 339 1387, +234 815 064 3782. Its office is located at Federal Ministry of Works, (Glass House) Opposite TBS by High Court Onikan, Lagos. Any Estate Surveyor and Valuer that is unprofessional should be reported to the Disciplinary Tribunal of the ESVARBON. 

More popular in the estate surveying and valuing sector is the Nigerian Institution of Estate Surveyors and Valuers (NIESV), empowered to train and examine Estate Surveyors and Valuers in Nigeria. The official website of NIESV is https://www.niesv.org.ng/esvarbon.php and the headquarters is located at Bassan Plaza, Plot 759, Independence Avenue, CBD – Abuja. Their Telephone numbers are 0807 819 3014 and email address is info@niesv.org.ng 

On the other part, Legal practitioners cannot play the role of estate surveyor, valuers and land agents, it is highly unprofessional. An unprofessional legal practitioner should be reported to the Disciplinary Tribunal of the Nigerian Bar Association (NBA). The NBA website is https://nigerianbar.org.ng, email is info@nigerianbar.org.ng and phone number is Phone: +2348003331111 . The headquarters of the NBA is located at NBA House, Plot 1101 Mohammadu Buhari Way, Central Business District, Abuja F.C.T. Nigeria.

Conclusion and Recommendation: 

Although Estate Surveyors and Valuers play important roles in land transactions as surveyors, valuers and land agents, they can never play the roles of legal practitioners. As a matter of law, any land document prepared by an Estate Surveyor and Valuer or by any other person that is not a legal practitioner should not be paid for and any agreement for its payment is invalid. Like an Igbo adage says, “Ekeru Oru, Eke” (there is a division of labor), so each person in a transaction must play only his/her legally approved roles. 

If the essence of punishment (penalty) is to discourage offenders and the public from committing crimes, then there is an urgent need to amend the Legal Practitioners Act of 1975 to meet up with reality. There should be an increase of the fine of #200.00 to an amount that is punitive in nature, having in mind the worth of Naira, today. The imprisonment term of 2 years should be a minimum and not a maximum. Also, there should not be a limitation period of 3 years for the prosecution of the offence, considering the peculiarity of our society and growing number of fake lawyers and other overzealous professionals in real estate, projects and investment sectors.

My authorities, are:

1. Sections 1, 2, 3 and 6 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Sections 2, 22(1)(d), 22(2), 22(4), 22(5), 22(6), 22(7), 24 and 25 of the Legal Practitioners Act, 1975.
3. Sections 1, 2, 9, 11, 12, 13,14, 16, 19 and 20 of the Estate Surveyors and Valuers (Registration, etc) Act 1975.
4. Onyekachi Umah, “It Is An Offence For Non-Lawyer To Prepare Any Document/Agreement Relating To Rent, Buildings, Land Or Mineral Resources” (LearnNigerianLaws.com, 12 September 2019 <https://sabilaw.org/it-is-an-offence-for-none-lawyer-to-prepare-any-document-agreement-relating-to-rent-buildings-land-or-mineral-resources/> accessed 30 November 2020
5. Onyekachi Umah, “List Of Agreements And Transactions That Are Invalid If Handled By A None Lawyer In Nigeria” (LearnNigerianLaws.com, 3 October 2019) <https://sabilaw.org/list-of-agreements-and-transactions-that-are-invalid-if-handled-by-a-non-lawyer-in-nigeria/> accessed 30 November 2020
6. Onyekachi Umah, “Legal Practitioners Cannot Sell Land In Nigeria.” (LearnNigerianLaws.com, 31 August 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-174-legal-practitioners-cannot-sell-land-in-nigeria/ > accessed 30 November 2020.

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