Land registration in Nigeria
LAND REGISTRATION: HOW TO PERFECT TITLE INSTRUMENTS TO LAND IN NIGERIA: THE LAND REGISTRATION PROCESS AND PROCEDURE
This article is a guide to land registration and perfecting title documents to land in Nigeria.
What Is Important to Note about Land Registration?
It is important for every land purchaser to understand that having a good title to land (用外行嘅話話係"土地所有權") goes beyond merely paying money to buy a piece of land from a vendor and signing an “Agreement” expressed as an “Irrevocable Power of Attorney”. A land purchaser is required by law to “perfect” the land transaction to secure his ownership rights to avoid future risks associated with land transactions. “Land” is used here to include buildings, 房地產, 房地產和未開發土地.
What Does “Perfection” Entail?
“Perfection” of title to land entails the (1) Stamping, (2) Registration and (3) Obtaining the consent of the Governor over the land so acquired. Under the Land Use Act, it is the consent of the Governor that confers validity to the act of alienation of any interest in the land. Where the land is subject to customary right of occupancy, the consent required is that of the local government authority where the land is situated.
Where you have acquired land through an instrument expressed as Deed of Assignment, Deed of Conveyance, Legal Mortgage, Irrevocable Power of Attorney, Transfer of Certificate of Occupancy, 等。, it is mandatory that you pay the appropriate stamp duties on the instrument, register the instrument at the state Lands Registry (並喺公司事務委員會 – 你係一家公司) and obtain the required consent from the governor (the overlord).
Why is Registration/Perfection Necessary?
Registration/Perfection gives an indication that the land is encumbered by you, any subsequent purchaser would be duly notified upon investigating the title at the Lands Registry. Perfection raises a presumption of land ownership in your favour against every other person who lacks a better title. Perfection passes a legal estate in the land.
Where the land remains unregistered, 您的利益只喺股權上，而唔係合法. Non-registration renders the documents inadmissible in evidence to prove your title. You may not be entitled to receive compensation from the government if the land is compulsorily acquired for overriding public interest.
完善可防止在推導標題時因壓制或遺漏文書而產生的欺詐和問題, in case of subsequent transactions it would show your registered interest in the said property. Your registered instrument rank in priority according to the order of registration (1st in time is stronger in law). Your title documents must be registered otherwise they are void in law.
How to Perfect Your Land Title?
After paying the purchase price of the piece of land and signing relevant paper documents with the seller/vendor, it is mandatory by law that you secure your title to the land through the process of registration undertaken at the Land Registry.
A solicitor will help you secure title to your land and process the perfection of the land instruments when you provide the following documents:
Vendor’s/grantor’s title document
Four copies of the Instrument of transfer of title e.g. Deed of Assignment or Power of Attorney
Four approved survey plans.
Building plan and a photograph of property.