The processes involved while acquiring a land in Nigeria
CHAMAN LAW FIRM
11/17/2021 3 min read
LAND REGISTRATION PROCESS IN NIGERIA
The land registration process in Nigeria brushes on all factors involved in registering land transactions from the systems involved, benefits of registration, the procedure for registration, requirement for the registration, challenges faced and so many others. What then are the procedures that need to be taken in the process of registering a land?
Property acquisition is a valuable investment that can be properly and securely concluded where the property transaction is registered with the Land Registry in accordance with the provisions of the Land Use Act.
Land Registration is simply the system by which all matters concerning possession, ownership, or rights conveyed in land can be registered and recorded with the government to provide evidence of title, facilitate transactions and prevent the unlawful transfer of ownership. Registration of land at the relevant Land Registry is one of the three stages of perfecting title to land to enhance the property rights enjoyed by the Assignee.
The land registration process involves two systems which are Deed Recording and Title Registration of the ownership. Deed recording system helps to give publicity to land transactions, that a claimed interest already exists on the land, and to establish priority against any subsequent claim to the same interest.
The end benefit of this system is to prevent any form of concealed dealings; While Title Registration is an authentication of the ownership or legal interest in a land. This system simply confirms transactions that confer ownership or interest. When the land is registered in the register, it serves as conclusive proof of title.
As earlier stated, registering a land is one of the stages of perfecting title In Lagos State and there are about seven major stages involved in the perfection process and these are;
Submission of an application for the Governor’s consent at the Lands Bureau This process is accompanied by relevant documents and evidence of payment of levies such as charting fee, application fee, administrative charges and endorsement fee, etc.
The application is referred to the office of the Surveyor-General of a State for the purpose of charting the survey plan, confirming if the land is free from government acquisition and if the coordinates in the land that reflects in the survey do not go beyond the boundary of the vendor’s property.
Thereafter the application is returned to the Lands Bureau and an assessment letter is issued requesting the applicants to make the necessary payments of consent fee, stamp duty, capital gains tax, registration fee, etc.
The payment receipts obtained upon payment of the above fees are then forwarded to the office of the State Bureau.
The Deed is then forwarded to any designated commissioners for the endorsement of the portion of the Deed on behalf of the Governor for the Governor’s consent
After obtaining the consent, the deed is subsequently stamped by the State Internal Revenue Service where the parties to the transaction are individuals or the Federal Inland Revenue Service where either the Assignor or Assignee is a company. Without stamping, the instrument will not be accepted for registration at the land registry.
Finally, the stamped Deed is presented to the State Lands Registry for registration. This stage signifies the completion of the perfection process and a duly perfected original Deed is returned to the applicant.
The procedure for land registration in Nigeria includes: Submission of a sworn affidavit to the Commissioner for Oaths; Application for search is then submitted to Land registry accompanied by sworn affidavit; Execution of deed of assignment and consent application form (form 1C) at a lawyer’s office.
Next is to obtain Certified True Copy (CTC) of title document and Certified True Copy of Survey plan from the land registry; Payment of charting, endorsement fee as well as Form 1C at a designated bank; Obtaining title from Directorate of Lands Services via an application for Governor’s consent to the assignment. There are several documents that would also be required of you in this process
Land acquisition and security of title by registration are fundamental to the expansion of business and growth of the economy, thus, it is very important to take steps to secure your interest in a land/property after purchase. Registering a title to land is a valid proof of title to the land.