Land ownership in Lagos is a prized asset, but verifying a land title can be fraught with challenges. The land title verification process is a crucial step to avoid disputes, financial loss, or even legal battles. Despite its importance, many land buyers encounter hurdles that lead to failed verifications.
This article explores the top five reasons why your land title verification might fail in Lagos and provides actionable solutions to fix these issues.
Introduction
Lagos, Nigeria’s commercial hub, is a highly sought-after location for land acquisition. However, the city’s complex land tenure system and history of fraudulent transactions mean buyers must conduct thorough land title verification. Failing to verify the title properly can result in legal disputes, financial loss, or acquiring a property with encumbrances.
To avoid these pitfalls, it’s essential to understand the common reasons why land title verification fails and learn how to navigate these challenges effectively.
1. Incomplete Documentation
The Problem
One of the most common reasons land title verification fails in Lagos is incomplete or missing documentation. Essential documents like the Certificate of Occupancy (C of O), Governor’s Consent, Deed of Assignment, or survey plans may not be available or fully executed. Without these documents, it’s difficult to establish ownership or confirm the property is free of encumbrances.
How to Fix It
- Request All Necessary Documents: Ensure the seller provides all original documents, including proof of ownership and any land-use approvals.
- Verify Authenticity: Cross-check the documents with the Lagos State Land Registry to confirm their legitimacy.
- Engage Professionals: Hire a property lawyer to review the documents and identify any inconsistencies or missing elements.
2. Discrepancies in Land Survey
The Problem
Survey discrepancies are another major issue. The land survey may not align with the actual location or size of the property, leading to disputes with neighboring landowners or government authorities. Additionally, some surveys are fraudulent and do not reflect the true status of the land.
How to Fix It
- Engage a Licensed Surveyor: Conduct an independent survey to verify the land’s coordinates and boundaries.
- Compare with Government Records: Verify the survey plan at the Office of the Surveyor General of Lagos State. This ensures the land is accurately mapped and free from encroachments.
- Request an Updated Survey: If discrepancies are found, request the seller to provide a corrected survey plan before proceeding with the transaction.
3. Encumbrances on the Land
The Problem
Encumbrances, such as unpaid taxes, loans, or pending litigation, can severely hinder land title verification. If a property is being used as collateral for a loan or is subject to a legal dispute, it cannot be legally transferred until these issues are resolved.
How to Fix It
- Conduct a Land Search: Visit the Lagos State Land Registry to check if the land is free from encumbrances.
- Demand a Release Letter: If the land was previously encumbered, ask the seller to provide a release letter from the relevant financial institution or authority.
- Engage a Lawyer: Legal professionals can help uncover hidden encumbrances and negotiate their resolution.
4. Ownership Disputes
The Problem
Disputes over land ownership are prevalent in Lagos, especially in areas with communal or family land ownership structures. Multiple parties may claim ownership of the same property, leading to legal battles and failed title verification.
How to Fix It
- Investigate the Ownership History: Trace the property’s ownership history to ensure it has been legally transferred at each stage.
- Obtain a Certified True Copy (CTC): Request a CTC of the land title from the Lagos State Land Registry to confirm the current owner.
- Avoid Joint Ownership Disputes: If the land is jointly owned, ensure all parties agree to the sale and sign the necessary documents.
5. Non-Compliance with Lagos State Land Use Act
The Problem
The Land Use Act of 1978 governs all land in Nigeria, vesting ownership in the state government. In Lagos, failure to comply with regulations such as obtaining Governor’s Consent for land transfers or adhering to zoning laws can lead to verification failures.
How to Fix It
- Ensure Governor’s Consent: For any land transaction involving a transfer of ownership, ensure the seller has obtained Governor’s Consent.
- Check Zoning Laws: Verify that the land is zoned for your intended use (residential, commercial, or industrial).
- Engage Legal Experts: A property lawyer can guide you through compliance requirements to avoid legal complications.
Proactive Tips to Avoid Land Title Verification Failures
- Hire a Property Lawyer: From due diligence to document review, legal professionals provide invaluable expertise.
- Conduct Thorough Searches: Perform searches at the Lagos State Land Registry, Office of the Surveyor General, and other relevant agencies.
- Avoid “Omo Onile” Disputes: Purchase land from reputable sellers to avoid harassment or claims from local landowners (Omo Onile).
- Verify Land Use: Ensure the land aligns with its approved usage under zoning regulations.
- Document Every Transaction: Keep records of all payments, agreements, and correspondence with the seller.
FAQs on Land Title Verification in Lagos
Q1: How long does land title verification take in Lagos?
The process can take anywhere from a few weeks to several months, depending on the complexity of the case and the responsiveness of the relevant agencies.
Q2: Can I verify a land title without a lawyer?
While possible, it is not advisable. Lawyers have the expertise to identify red flags and navigate the legal requirements effectively.
Q3: What is the cost of land title verification in Lagos?
Costs vary depending on factors such as the type of land and the searches conducted. Budget for professional fees, government levies, and miscellaneous expenses.
Conclusion
Land title verification is a vital step in securing property ownership in Lagos. By understanding and addressing the common reasons for verification failures, buyers can protect their investments and avoid future disputes. From incomplete documentation to ownership disputes, each challenge has a solution—if approached correctly.
At Chaman Law Firm, we specialize in property law and provide comprehensive services to guide you through the land acquisition process. Contact us today to ensure your land title verification is seamless and legally sound.
Call us at 08065553671 or email us at info@chamanlawfirm.com to schedule a consultation.
Our offices are conveniently located in Lagos, FCT Abuja, Ogun State, and the UK. We are readily available to assist you with your legal needs.