PROCEDURES AND STEPS FOR REGISTRATION OF DEED OF ASSIGNMENT IN NIGERIA
All land ownership transactions should be registered in the Land Registry. This is to ensure that the State Government at every point in time has accurate records of title status of all lands within its jurisdiction as well as to serve as reference point for members of the public who may be interested in knowing about the existence of any rights over land in the State.
Most cases, when the deed of assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded deed of assignment comes in the form of either a Governor’s consent or registration. The Deed of Assignment spells out the key issues in the transaction between the seller and the buyer so that there will not be any confusion or assumption after the property has been transferred to the new owner. Upon the execution of the Deed of Assignment, it must be duly registered and be consented by Governor in accordance with the provisions of the Land Use Act, LFN 2004.
THE STEPS FOR REGISTRATION OF DEED OF ASSIGNMENT IN NIGERIA The consent of the Governor is important before the actual alienation or the sale of any interest in land in Nigeria. The Land Use Act makes it mandatory for the consent of the Governor to be obtained. Section 22 of the Act provides that it shall not be lawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise howsoever without the consent of the Governor first had and obtained. Section 22(2) of the Land Use Act further provides that “ the Governor when giving his consent to an assignment mortgage or sub-lease may require the holder of a statutory right of occupancy to submit an instrument executed in evidence of assignment, mortgage or sub-lease and the holder shall when so required to deliver the said instrument to the Governor in order that the consent given by the Governor under subsection(1) may be signified by endorsement thereon.” The power to grant consent can be delegated and this is provided for in section 45 of the Land Use Act.
GENERAL REQUIREMENTS FOR REGISTRATION OF A DEED OF ASSIGNMENT IN NIGERIA The applicant is to purchase and fill an Application Form from any of the designated Banks.
The Deed of Assignment or Conveyance in 5 parts duly executed by the parties to the transaction. Current 3 years’ tax clearance receipts of the applicant or in the case of a corporate body, that of two of the directors.
An affidavit by the applicant, or in the case of a corporate body, a Director or the Secretary, verifying the information stated in the Application form. Affidavit of attestation sworn to by every person who signed as a witness to the transaction.
APPLICATION AND REGISTRATION OF DEED OF ASSIGNMENT PROCEDURE IN NIGERIA The following steps are taken in successful allocation of plots;
• Title applicant obtains an Application Form and returns the completed Application Form to the Lands Department together with the following supporting documents; • 6 copies of Deed of Assignment executed by the parties,
• Current Tax Clearance Certificate of the assignee • An affidavit by the applicant, or in the case of a corporate body, a Director or the Secretary, verifying the information stated in the Application Form
• Affidavit of attestation sworn to by every person who signed as a witness to the transaction. • The Commissioner forwards the Application form together with other support documents to the Permanent Secretary who forwards to the Director of Lands to process the application
• The Director of Lands instructs the Schedule Land Officer responsible for the area in question to open a file, assign a file number to it and forward the file to the Principal Valuation Officer to value the property • This is done by a Land Officer II who attaches a sketch plan of the property and submits to the Principal Valuation Officer.
• The Principal Valuation Officer reviews the inspection and valuation report. If there are no errors in computation and the report, the Principal Valuation Officer signs the report and sends the file back to the Schedule Land Officer. • The Schedule Land Officer notifies the applicant of fees to be paid and the designated Banks where the relevant payments are to be made. A copy of the schedule of fees is submitted to the Head of Accounts and/or Sub-Treasurer
• The applicant makes the payments at the designated Banks, he submits copies of the Bank tellers at the Sub-treasury and the Accounts Department • The Sub-treasury office confirms payments by checking the Bank tellers against the bank manifests. If the payment details are in the manifest, a receipt is issued to the applicant. However, where there is no evidence of payment in the manifest, the applicant is advised to rectify payments before a receipt can be issued. The Director of Lands should be informed of such situations.
• The applicant submits a copy of the receipts to the Schedule Land Officer, who attaches the receipts to the file and sends the file to the Director of Lands requesting for approval • The Director of Lands checks the application to ensure all the necessary information have been provided before making his comments, and forwards the file to the Permanent Secretary, requesting for the Commissioner’s approval
• The Permanent Secretary reviews the whole process and sends the file to the Commissioner for approval if the transaction is in line with laid down procedures • The Commissioner signs the approval and forwards the file to the Permanent Secretary who sends the file back to the Director of Lands
• The Director of Lands instructs the Schedule Land Officer to arrange for the stamping and registration and also notify the applicant of the date to collect the registered Title document. • The Schedule Land Officer submits the file to the Registrar of Deeds for stamping and registration.
• The Registrar of Deeds registers the document • The applicant signs and collects the registered title document
FEES PAYABLE FOR REGISTRATION OF A DEED OF ASSIGNMENT IN NIGERIA The fees that the applicant will be required to pay in this transaction include the following:
Consent/ registration fee. Stamp duty.
Ground rent arrears. Inspection / preparation fee.
Computer fee. 10% penalty in case of defaults. NOTE: There are some minor discrepancies in the procedural requirements based on jurisdiction. The major cities in Nigeria where real estate boom are: Lagos, Abuja, Ogun State, Ibadan, Portharcourt in Rivers State, Owerri in Imo State, Onitsha and Awka in Anambra State, Asaba in Delta State, Ibadan in Oyo State. By: CHAMAN LAW FIRM
Phone: 08065553671, 08024200080 Email: info@chamanlawfirm.com , chamanlawfirm@gmail.com
