How to Fix Mistakes in Your Property Documents in Lagos
Introduction
Even a strong property file can be crippled by small errors: a misspelt name, wrong plot coordinates, an omitted page, a deed dated the day before the board resolution, or a survey line drifting into a drainage setback. In Lagos, such defects delay Governor’s Consent, block registration, frighten lenders, and—left unattended—invite disputes. The good news is that most defects are curable if you diagnose correctly, pick the right legal tool, and work through the Consent → Stamp → Register logic with documentary discipline.
This counsel-grade guide shows you what typically goes wrong, how to triage your file, the lawful instruments and procedures for correction (from a simple Deed of Rectification to OSG re-charting or a court-backed rectification of the register), and how to structure contracts so your money stays protected while cures run. Use it to rehabilitate legacy files, rescue a pending transaction, or prepare for bank financing.
Doctrine: Don’t “manage” mistakes. Cure them—on paper, in the registry, and on the ground.
Part I — Triage: Identify the Defect Before You Treat It
A. Administrative/Clerical Defects
Misspelt names, wrong TIN, inconsistent addresses
Transposed digits in dates, folio/e-folio numbers, or consideration figure
Missing initials or suffixes (Jnr., Snr.)
Unwitnessed signature lines or wrong execution block
B. Instrument/Execution Defects
Deed signed before the board resolution authorizing it
Wrong party description (e.g., SPV A buys, but deed names SPV B)
Missing company seal (if required by constitution) or wrong signatories
Power of Attorney not registrable or stamped
C. Boundary/Survey Defects
Survey not registered, soft coordinates missing
Overlap with earlier surveys; beacon displacement
Encroachment into ROW/pipeline/drainage/coastal setback
Wrong LGA or mislabeled abuttals
D. Chain/Perfection Defects
Historic assignment without Governor’s Consent
Instrument unstamped or stamped late (penalties outstanding)
Registered mortgage not discharged on the register
Registration particulars absent/inconsistent
E. Substantive Title/Authority Defects
Wrong grantors (e.g., non-recognized family reps)
Community authority unclear in excision/gazette contexts
Deed recitals inconsistent with root documents
Pending lis pendens or caution on the property
Counsel’s Rule: Cure facts with facts (survey, authority, resolutions). Cure paper with paper (rectification deed, ratification). Cure state entries with registry procedures. If rights are in dispute, go to court.
Part II — The Correction Toolkit (What to Use, When, and Why)
1) Deed of Rectification (a.k.a. Deed of Correction)
Use for: clerical errors that do not change the commercial deal—e.g., spelling, wrong middle name, mis-typed plot number where the survey attached is correct.
Parties: the original parties (or their lawful successors/assigns).
Content:
Recitals identifying the original instrument, parties, date, registration particulars
Statement of the error and the correct text
Operative clause adopting the correction ab initio (from the outset)
Cross-reference to the annexed correct plan/page if applicable
Perfection: Stamp (usually nominal), obtain Governor’s Consent if the underlying instrument required it, then Register.
2) Deed of Ratification / Deed of Confirmation
Use for: validating an instrument where authority was imperfect at execution (e.g., board resolution obtained after signing; attorney exceeded mandate but principal now approves).
Note: Ratification cannot cure illegality or prejudice third-party rights acquired before ratification.
Perfection: Stamp → Consent (if applicable) → Register. Keep the ratification in the completion pack.
3) Supplemental Deed / Deed of Addendum
Use for: adding omitted schedules, correcting a misdescribed parcel, or supplementing covenants where the parties agree to no new consideration.
Perfection: As above. If the supplement alters proprietary interests (e.g., area increase), treat as a fresh transfer for duty/consent.
4) Re-Execution / Fresh Execution
Use for: execution block errors (wrong signatories; missing seal; no witnesses).
Method: Prepare engrossed duplicates and re-execute correctly; minute the reason; attach certified copies of corporate resolutions/ID.
Perfection: Stamp top-up if required; proceed to Consent/Registration.
5) Survey Remediation (Registered Survey + OSG)
Use for: wrong coordinates, overlaps, beacon drift, wrong LGA, setback encroachment.
Method:
Engage a Registered Surveyor; re-peg beacons; run fresh observations.
Produce Registered Survey Plan (hard + soft CSV/DXF).
OSG charting to confirm the parcel is outside acquisition/committed areas and clear of ROW/pipeline/coastal/drainage setbacks and overlaps.
If the legal description in the deed changes materially, prepare a Rectification/Supplemental Deed with the corrected plan annexed.
Note: Setback/ROW encroachment is a planning problem; fix the physical boundary or walk.
6) Historic Chain Cure — Missing Governor’s Consent
Use for: one or more prior assignments/mortgages executed without Consent.
Method: Apply for Consent nunc pro tunc (now for then) to each missing link or obtain registry-approved restructuring (rare; get it in writing). Make issuance a Condition Precedent to your completion.
Perfection: Do not complete or register your deed until the chain is clean.
7) Discharge/Release of Registered Charge
Use for: old mortgage/charge still showing on register.
Method: Obtain Deed of Release/Discharge from lender; file at registry; track until register reflects discharge.
Contract: Hold retention in escrow until the register updates.
8) Stamping Errors & Penalties
Use for: unstamped or late-stamped instruments.
Method: Compute duty + penalties/interest, pay, obtain endorsement/receipt.
Sequence: Duty first, then Consent (if applicable), then Registration.
9) Registry Amendments (Administrative)
Use for: obvious clerical errors in indexing, folio entries, name order.
Method: Letter to Registrar with evidence (CTCs, IDs, corporate records), requesting administrative rectification.
Caution: If amendment affects substantive rights, registry will likely refuse—go to court.
10) Court Relief (When Paper and Process Aren’t Enough)
Rectification of the Register: to correct or cancel an erroneous entry.
Declaratory Relief: that X is the lawful proprietor/assignee.
Specific Performance: compel execution of missing instruments.
Reformation (Equitable Rectification): where the deed fails to reflect common intention due to mutual mistake.
Note: File a caveat/caution if needed to preserve the status quo pending suit.
Part III — Step-By-Step Repair Paths for the Most Common Problems
Problem 1 — Name/Identity Mismatch
Symptoms: “Chukwuma Nkwoka” vs “Chukwuemeka Nkwoka”; wrong TIN/RC.
Cure:
Obtain official ID/CAC extracts showing correct name.
Execute Deed of Rectification (names only), cross-referencing the original deed and registration particulars.
Stamp (nominal), obtain Consent (if base deed required it), Register.
Notify lender/estate management to update records.
Problem 2 — Wrong Property Description / Plot Number
Symptoms: Plot 12 in deed but survey shows Plot 21; wrong LGA.
Cure:
Fresh Registered Survey + OSG charting.
Supplemental/Rectification Deed annexing the correct plan; revise abuttals.
Stamp-top-up (if area/consideration changed materially).
Consent → Register.
Problem 3 — Overlap/Setback Encroachment
Symptoms: OSG query; part of parcel in drainage corridor or pipeline ROW.
Cure:
Re-peg to a lawful footprint; agree boundary adjustment with grantors/neighbour.
New Registered Survey; attach to Rectification/Supplemental Deed.
Proceed to Consent/Registration.
If not fixable: Resile from the deal under CPs; recover deposit from escrow.
Problem 4 — Execution Block Error
Symptoms: Missing seal; wrong signatory; no witness.
Cure:
Re-execute corrected engrossment; minute reason; attach board resolution/ID.
Stamp (if required); proceed to Consent/Registration.
Problem 5 — Historic Assignment Without Consent
Symptoms: Registry search shows prior deed; no consent endorsement.
Cure:
Make issuance of that historic Consent a Condition Precedent in your contract.
Vendor to file for Consent; you hold retention until issued.
Once chain is clean, Consent your deed and Register.
Problem 6 — Undischarged Mortgage/Charge
Symptoms: Encumbrance appears on search; lender says “loan paid.”
Cure:
Obtain Deed of Release/Discharge from lender; file and chase until reflected.
Keep escrow retention until register updates; then release.
Problem 7 — Unstamped/Late-Stamped Deed
Symptoms: No stamping endorsement or penalties flagged.
Cure:
Compute duty + penalties/interest; pay and secure endorsement.
Then Consent → Register.
Problem 8 — Lost/Damaged Originals
Symptoms: Only photocopies remain; lender wants originals.
Cure:
Obtain CTCs of root/chain; execute Statutory Declaration/Affidavit of Loss; consider a Replacement Deed (with parties’ cooperation).
Keep a digital vault and inventory of originals going forward.
Part IV — Contract Architecture That Protects You While You Cure
A. Conditions Precedent (drop-in language)
Consent & Clean Chain CP: “Completion is conditional upon delivery of: (i) Governor’s Consent to the Deed of Assignment in favour of Buyer; (ii) evidence of stamping; (iii) registration particulars; (iv) CTCs of root and chain instruments; and (v) discharge filings for any charge.”
Survey & OSG CP: “Completion is conditional upon an OSG charting report confirming the Property lies outside acquisition/committed areas, rights-of-way, pipelines, and coastal/drainage setbacks and is free of overlap.”
B. Escrow, Retention & Long-Stop
All funds sit in escrow until CPs are documentarily satisfied.
Retention (₦ or %) held until discharge reflected and registration particulars delivered.
Long-Stop Date: if unmet, buyer may rescind and receive a full refund within five (5) business days.
C. Warranties & Indemnities
Warrant title (good right to assign, free from undisclosed encumbrances).
Indemnify buyer for losses from defects or third-party claims traceable to the seller’s title.
Part V — Evidence Management (What Banks Expect to See)
CTCs of root and chain instruments (including any Rectification/Ratification deeds)
Registered Survey Plan (hard + soft); OSG charting confirmation
Consent endorsement to operative deed (and to any historic cured link)
Stamp duty endorsements/receipts (including penalties where applicable)
Registration particulars; extract or e-folio printout
Discharge of any charge filed and reflected
Completion binder with notarized scans; inventory of originals in fire-safe
Part VI — Timelines, Fees & Practical Accelerators
What drives timing: file completeness; OSG queries; name/description hygiene; responsiveness to registry queries; third-party cooperation (lender for discharge).
Accelerators:
Pre-clear survey before you draft rectification language.
Bundle CTC requests and keep a single data room.
Maintain one deal captain and diarize every submission/receipt.
Cost heads: stamp duty (and penalties), consent/processing, registration, OSG fees, CTC/search, professional (legal/survey), courier/notarization. Allocate by category in your contract.
Part VII — Red Flags (Restructure or Walk)
Seller refuses OSG charting, escrow, CTCs, or long-stop.
“We’ll fix the historic consent later; just register first.” (No.)
Survey uncharted; beacons not on ground; soft coordinates “change” mid-deal.
Estate with no approved layout, no engineered drainage, unaudited service charge.
Any plot touching pipeline, major ROW, or drainage corridor with no redesign plan.
FAQs (Concise Counsel)
Q: Can registration alone cure lack of Governor’s Consent?
A: No. The enforceable sequence is Stamp → Consent → Register.
Q: Must every rectification be consented?
A: If the base instrument required Consent (assignment/lease/sublease/mortgage), the rectification should be brought under the same umbrella.
Q: Our deed describes Plot 5 but survey shows Plot 6. Can we “note” it?
A: Don’t. Produce a Rectification/Supplemental Deed with the correct Registered Survey annexed, then Consent → Register.
Q: A past mortgage was paid but not discharged—can we ignore it?
A: No. File a Deed of Release/Discharge and chase until the register reflects discharge; hold retention meanwhile.
Q: The seller used non-recognized family reps inside an excised area.
A: Obtain authority from recognized grantors or walk. Courts won’t validate a void grant.
One-Page Cure Checklist (Print & Carry)
Identify defect category (admin/execution/survey/chain/substantive)
Gather evidence (IDs, CAC records, surveys, searches, CTCs)
Choose the instrument: Rectification, Ratification, Supplemental, Re-execution
Registered Survey (hard + soft) and OSG charting (clean)
Cure chain issues (historic Consent, Discharge of charge)
Stamp (and penalties if late) → Consent → Register
Update lender/estate files; request CTCs
Build completion binder; inventory originals; back up digital vault
Contract controls for any live sale: escrow, CPs, long-stop, retention
Conclusion
Mistakes in Lagos property documents are common—but curable. Treat each defect with the correct legal instrument, fix the survey and charting truth, restore the consent and registration chain, and lock your transaction inside escrow-based contracts while cures run. If a prudent bank would not lend on your file today, you are not done today.
Call to Action
Have errors stalling your Governor’s Consent or registration—and a bank waiting?
Engage Chaman Law Firm to diagnose, draft, file, and perfect your cures: Deeds of Rectification/Ratification, OSG re-charting, historic consent applications, discharges, and registry amendments—delivered as a finance-grade completion pack ready for lenders and resale.