尼日利亞嘅土地登記: 12 土地註冊嘅重要性同優勢
本文中使用嘅“土地”包括建築物, 房地產, 房地產和未開發土地. 以下係喺尼日利亞註冊嘅優勢同好處:
1. Proof of Ownership of Land:
喺冇任何其他更好嘅土地所有權嘅情況下, 您的註冊所有權是土地所有權的證明，並使土地在您的土地上可銷售 恩. 如果你想賣掉你嘅土地, 你所需要嘅只係向潛在買家展示註冊所有權，並且不必出示任何其他所有權證明. 買家不必仔細閱讀任何其他複雜的法律文件來證明您的所有權.
在購買土地或房產之前: 要做嘅重要事情 – 土地盡職調查清單
2. Government Compensation.
如果你有一個未註冊嘅土地, 在為壓倒一切的公共利益強制取得土地的情況下, 你就無權獲得政府的賠償. 政府只會在出示有效登記嘅地契時, 向擁有有效註冊地契嘅土地所有者支付賠償.
3. 安全.
你未註冊嘅土地有欺詐出售和非法侵入的風險, 而, 註冊土地投保欺詐性出售和非法侵佔. 註冊業權為您提供安全感和安心感，無論您是實際擁有土地還是居住在國外. By a simple search conducted at the Lands Registry, future prospective buyers will become aware that the land belongs to you. And if you want to sell, prospective buyers will be assured that there will be no adverse claims over the land as you are the registered owner.
4. Protection and Safekeeping.
Since the copies of your title deeds are stored at the Lands Registry, you can always apply and obtain the certified true copies of your title deeds where the originals are lost, misplaced, forged, stolen or destroyed by fire or water. It can be very difficult to prove ownership and execute a sale in the future if you don’t have any title documents to show. Registration ensures transactions affecting the land is traceable and records are kept at a central unit.
5. Certainty and Simplicity.
Registration of title ensures certainty and simplicity in land transactions. The register provides a clearer picture of the legal state of the land by setting out the rights and covenants which benefit or burden the title in question. A registered title reveals your interest in the land and puts every prospective buyer on notice upon the buyer’s investigation at the Lands Registry.
6. Collateral for Loan.
Registered title deeds can be deposited with moneylenders and financial houses as collateral for a secured loan. Financial institutions and individual lenders will want to see proof of your registered title to the land as a condition precedent to giving a loan.
7. Easy Transfer of Title.
Your registered title constitutes evidence of title and makes is cheaper and easier to review and transfer title in the land, meaning that any future transactions will be dealt with faster and more efficiently whether to a subsequent buyer or to your heirs and personal representatives after your demise. A registered title to land gives a quick up-to-date official record of who owns the land and prospective buyers do not have to do any research as to the history of ownership of the land.
8. Notice to the Whole World.
The Register Book at the Lands Registry is a public record. A registered Title has: (a) the name of the current owner, (B) the location and description of the property, (C) restrictive covenants that restrict how owners can use the land, (D) easements (for example a right of way) that affects the property, outstanding mortgages, charges or (e) caveats or warnings that affect the property.
Registration is your notice to the whole world of your interest in the land – and that the land is encumbered by you. Any subsequent purchaser would be duly notified upon investigating the title at the Lands Registry.
9. Increased Market Value.
A registered land tends to have increased market value because title documents are deemed to be genuine and the risk of boundary disputes is reduced. The land title documents can also be made readily available as security for bank credit.
10. Reduction in Land disputes.
Registration makes clear the identity of the landowner whether the owner is in actual possession of the land or not. This has the effect of protecting your rights over the land, preventing activities of land speculators, preventing the fraudulent sale and other peculiar controversies affecting land.
11. Ranking in Priority.
Your registered instrument rank in priority according to the date of registration (1st in time is stronger in law). For instance, where conflicting title documents are brought forward in a court hearing, the ownership of land will be determined by the first documents to have been registered at the Lands Registry. Your title documents must be registered before it can even be admissible in evidence, 否則, they are void in law.
12. Protection from Adverse Possession (Squatting).
A registered land provides protection against adverse possession by an unauthorized occupier (即. someone squatting on your land and later making a claim that he is now the rightful owner of the land).
WHAT YOU SHOULD NOTE ABOUT LAND REGISTRATION IN NIGERIA
根據《土地使用法》, it is mandatory that the purchase, sale, transfer or alienation of any interest in land must be “perfected” by way of (1) stamping of the title deeds (2) registration of the title deeds (documents) 和 (3) obtaining the governor’s consent before such transaction may be deemed to be valid in law.
下一步?
The only way you can protect your land from future controversies, disputes and problems are to register your land or real property. The legal procedures for dealing with land registration in Nigeria are cumbersome and sometimes very complicated. A solicitor can help review your title deeds and advise if such are registerable. If you are unsure whether your land or real property is registered, or you want to deal with land registration; you should seek proper legal guidance and help from a real estate Solicitor. 請求諮詢 +2348187019206, 08039795959 | 電子郵件: edoabasi.udo@lexartifexllp.com | 網站: www.lexartifexllp.com.
EDOABASI UDO 係一個大狀, lex artifex 律師兼交易顧問, LLP.
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