In Summary
  • The situation is unfortunate and disheartening
  • Legally, sale of land agreement gives rise to equitable interest conferring trust in the property to the purchaser pending completion of the transaction
  • Essentially, the purchaser acquires equitable ownership even though (full) legal title to the land will not pass until completion and (registration)

Thank you for great support to all readers on legal matters.

We have land that my husband bought just before we got married. Two months after marriage, he was retrenched.

He had only paid the loan for three months, that means even a quarter of the amount had not been paid.

He and his colleagues sued their employer and the case is still ongoing. He had promised to use the cash they will get as compensation to pay the bank. At the same time, he started building on the land. The house was never completed.

Now, he wants me to finish the construction, which I have no problem with, but I find myself lost on the following issues:

1)He never cleared the bank loan which has accrued to millions now, can the bank auction the land?

2)He only has a land sale agreement with the seller as efforts to get him process the title have gone futile. His reasoning is that the bank can auction the land if the title is in his name.

3) With no title, what support document can I obtain to make sure I am a legal beneficiary of the property if am to put my money in?

Regards,

Mn

 

Dear Mn,

No one would wish to be in your position and many of us are vulnerable for as long as we are employed.

The situation is unfortunate and disheartening. You deserve empathy.

As a couple you intended to acquire land and construct a house. The unexpected happened when he lost his employment.

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