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Is A Power Of Attorney A Property Transfer Document?


Ayobayo Babade Esq.

This question was answered by the Court in OKEKE V. NNOLIM (2015) 5 NWLR (PT. 1453) PG. 444 AT 476, PARAS. D-E; 48, PARAS. E-F where the Court said that:

“A power of attorney, being an agency document, cannot stand alone on its own. Such a document only authorizes the donee to do certain acts in the stead of the donor and so it is not an instrument which confers, transfers, limits, charges or donates any title to the done.”

“A power of attorney to land does not vest allodial title or the right of occupancy of the land to the donee. The donee remains the agent of the owner to exercise the right to ownership of the property on behalf of the owner.”

Therefore, a Power of Attorney cannot transfer title or ownership of property from the seller to the buyer. A Conveyance or Deed of Assignment are the recognized instruments of property transfer.

Ayobayo Babade is a Lagos based Barrister and Property Consultant with Tope Babade & Co (Real Estate Consultants). He can be reached can be reached through: Call/SMS/Whatsapp:   +234 813 834 4488.

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