What is the Process of Land Registration and Documentation Under the Land Use Act?

Land registration and documentation are integral components of the land management system in Nigeria, primarily governed by the Land Use Act of 1978. This article elucidates the comprehensive process of land registration and documentation under the Act, emphasizing its significance in securing land rights and ownership.

1. Application for Right of Occupancy:

The process begins with an interested party applying for a statutory Right of Occupancy (ROO). The applicant must approach the relevant state government office or authority responsible for land matters. They fill out an application form and provide necessary documentation.

2. Verification and Assessment:

Upon receipt of the application, the state authority verifies the applicant's eligibility and the suitability of the requested land for the intended purpose. This involves checks on the land's availability and suitability for the proposed use, adherence to urban and regional plans, and compliance with land-use regulations.

3. Consent from the Governor:

To legally acquire land in Nigeria, one must obtain the governor's consent. The state governor, who holds exclusive powers over land allocation, must give their approval for the Right of Occupancy. The applicant pays requisite fees and complies with the governor's conditions.

4. Survey and Documentation:

A crucial step in the process is the survey and documentation of the land. A licensed surveyor is hired to conduct a survey, which results in the issuance of a Survey Plan. The Survey Plan is a detailed map indicating the land's boundaries, features, and coordinates.

5. Preparation of Deed of Assignment:

Based on the Survey Plan, a Deed of Assignment is prepared. This legal document is used to transfer the land's rights from the grantor (government) to the grantee (applicant). The Deed of Assignment includes relevant land details, rights, and obligations.

6. Execution of Deed and Registration:

Both parties – the government and the grantee – sign the Deed of Assignment, signifying the transfer of land rights. After execution, the Deed is then registered with the appropriate government land registry. Registration provides an official record of the land's ownership.

7. Issuance of Certificate of Occupancy:

Following the successful registration, a Certificate of Occupancy (C of O) is issued to the grantee. The C of O is a legal document that proves the holder's right to occupy and use the land. It's considered conclusive evidence of the title.

8. Continuous Documentation:

The land registration and documentation process does not end with the issuance of the C of O. To maintain one's legal rights to the land, it is essential to keep the documentation updated and pay the requisite land use charges and fees.

Significance of Land Documentation:

Legal Protection: Proper documentation ensures that land rights are legally recognized and protected.

Land Transaction: Documents like the Deed of Assignment enable landowners to buy, sell, lease, or mortgage their property.

Security and Ownership: Land documentation provides security of tenure and proof of land ownership, reducing the risk of land disputes.

Planning and Development: Urban and regional planning authorities rely on land documentation to control development and allocate land for specific uses.

In conclusion, the Land Use Act of Nigeria provides a systematic process for land registration and documentation, resulting in the issuance of a Certificate of Occupancy. Proper documentation is a cornerstone of land ownership, legal protection, and orderly land management in the country.

WRITTEN BY CHAMAN LAW FIRM TEAM

Email: chamanlawfirm@gmail.com, info@chamanlawfirm.com

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