THE PROCEDURE AND DOCUMENTS FOR PERFECTING TITLE TO LAND IN NIGERIA
Perfection of title is simply the completion of the acquisition of interest, transfer of title and ownership vested in the land.
THE PROCEDURE AND DOCUMENTS FOR PERFECTING TITLE TO LAND IN NIGERIA
Perfection of title is simply the completion of the acquisition of interest, transfer of title and ownership vested in the land. It is the conscious step taken by parties to the transaction to complete the transaction by registering the title document with the appropriate state land registry where the land is situated. There are three steps taken in perfection of title in land transactions in Nigeria. It commences from the obtaining of the Governor’s consent, to stamping the documents and the final step is registration with appropriate land registry.
(a) Governor’s consent
Governor’s consent is only required when legal interest is transferred. Documents to be submitted for Governor’s consent are:
1) Application in the prescribed Form 1C (Lagos) obtainable at Land Registry signed by both Assignor and Assignee/letter of application in other parts of the country
2) Covering Letter addressed to the Commissioner of Lands and Housing
3) Evidence of Tax clearance for three years for both parties
4) Evidence of payment of Development fee
5) Evidence of payment of Ground rent (if not developed), Land use charge, other outgoings and Tenement rates (if developed)
6) Deed of assignment copies: Relevant (Lagos state 2 copies) copies of the duly executed deed of Assignment
7) Receipt of payment of consent, charting and endorsement fee
8) Approved building plan: Duly approved building plan for a developed property (in Lagos)
9) Title documents (the Certified True Copy is required)
10) Survey plan: Duly registered Survey Plan for an undeveloped property
In a situation where a company is involved, some other documents like Certificate of Incorporation, Annual Returns, Resolution of the Board of Director authorising the sale or purchase amongst others will accompany the application.
(b) Stamping
Under the Stamp Duties Act, stamping of documents must be done within 30 days of execution of the Deed of Assignment. Effects of failure to stamp may include:
1) An unstamped document is not admissible in evidence to prove title
2) Late stamping attracts penalty
3) The document would not be accepted for registration
(c) Registration
Registration is compulsory for Deed of Assignment. Registration must be done within 60 days of execution of Deed of Assignment. Notably, registration is an indication that the title of the property is encumbered. It gives priority to the instrument registered first in time. Also, it is at the registration stage that the number, page and volume (NPV) is gotten. Invariably, registration also constitutes notice to the whole world. Late registration attracts penalty and adversely, documents may lose priority against subsequent instrument that are registered since registration governs priority.
NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com
WRITTEN BY CHAMAN LAW FIRM TEAM
EMAIL: chamanlawfirm@gmail.com
TEL: 08065553671, 08024230080