Title Registration and Certificate of Occupancy in Lagos Nigeria.

Title registration in Lagos, Nigeria, typically refers to the process of registering property titles or land titles with the appropriate government authority to establish legal ownership and protect property rights. Here’s an overview of title registration in Lagos, Nigeria.

1. Table of Contents hide

   1 Land Use Act:

   1.1 Title Registration- Certificate of Occupancy (C of O):

   1.2 Registration of Deeds:

   1.3 Consent Application Requirement.

   2 REQUIREMENTS FOR RECTIFICATION (Title Registration)

   2.1 WORKFLOW FOR TITLE RECTIFICATION

   Land Use Act:

The Land Use Act of 1978 vests all lands within a state in the governor of that state. As a result, individuals and entities can only hold land in Nigeria as “occupiers” or “landholders” rather than as outright owners. Landholders are required to obtain Certificates of Occupancy (C of O) or other relevant titles to establish their rights to the land.

2. Title Registration- Certificate of Occupancy (C of O):

A Certificate of Occupancy is a key document in property title registration in Lagos. It is issued by the Lagos State Government through the Ministry of Physical Planning and Urban Development. A C of O serves as evidence of legal ownership and usage rights of the land.

3. Process of Obtaining a C of O:

• Land Survey: The first step is to engage a licensed land surveyor to survey and prepare a survey plan of the land.
• Preparation of Building Plan: If the land is for building purposes, a building plan may be required and must be approved by the Lagos State Physical Planning Permit Authority (LASPPPA).
• Application: The applicant applies to the Lagos State Ministry of Physical Planning and Urban Development.
• Site Inspection: Government officials conduct a physical inspection of the property to verify the details provided in the application.
• Payment of Fees: Applicable fees, including processing fees and land charges, must be paid.
• Granting of C of O: If all requirements are met, the Lagos State Government grants the Certificate of Occupancy.
• Original certificate of occupancy form with affidavit.
• Survey plan 2 clothes 1 paper print
• Land information certificate with receipt.
• Development levy.
• 2 passport photographs.
• Evidence of payment of publication fee.
• Evidence of payment of capital contribution.
• Site location map.
• 2 deeds of deem grant.
• Photograph of the site.

4. Registration of Deeds:

In addition to the C of O, any land transactions, such as sales, transfers, or mortgages, must be properly documented in a deed and registered with the Lagos State Land Registry. This ensures the legality of property transactions.

5. Encumbrance Searches:

Before purchasing property or acquiring a C of O, it is advisable to conduct an encumbrance search at the Lagos State Land Registry to ascertain whether the property has any existing encumbrances, such as mortgages or legal disputes.

6. Legal Advice:

It is recommended to seek legal advice from a qualified lawyer or a real estate professional experienced in Lagos property matters to navigate the complex regulations and ensure a smooth title registration process.

7. Caveat Emptor:

Prospective buyers should exercise caution and due diligence when purchasing property in Lagos, as issues related to title disputes and land scams are not uncommon.

8. Consent Application Requirement.

• Application Letter
• Three Properly executed deeds. Each page of the deed must be duly signed by the Assignee
• Three ( 5×5) colored passports were photographed with a white background.
• Charting fees (7500)
• Endorsement fee (3500)
• Locational sketch map
• Survey plan (cloth survey)
• Paper Survey (3)
• Red copy of the survey
• Assessment fee
• Tax certificates
• NBA seals.

A Deed of Rectification is used to correct mistakes made on a property that already has a title and an error was later discovered.

When correcting mistakes on title documents, the first step is to submit a Deed of Rectification together with the amended survey plan in the name of the original owner wishing to transfer the title, and other accompanying documents.

After this, the Deed of Rectification should be submitted, lodged, and recorded in the land registry.

Only when this is done can the title be transferred to the new buyer with the rectified survey plan.

According to the Lagos State Government Lands Bureau, there are laid down requirements for the Rectification of Title to Land.

REQUIREMENTS FOR RECTIFICATION (Title Registration)

• Application letter addressed to the Permanent Secretary, Lands Bureau.
• Deed of Rectification.
• 2 Sunprint Survey plan for survey rectification.
• Newspaper publication (half page) is widely circulated, this replaces the submission of CTC of the root of the title.
• Means of identification (National ID, Driving License, Voter’s Card, or data page of valid International passport of Holder of Title.
• Affidavit with photograph attached of the Holder of Title.
• Receipts evidencing payment of rectification charges.
• 5% aggregate broken down into.
• Rectification Fee @ 0.75% of assessed value.
• Stamp duty @ 0.375% of assessed value.
• Registration @ 0.375% of assessed value.

WORKFLOW FOR TITLE RECTIFICATION

Submission of application/request (with attached documents)

Evaluation of Deeds and documents submitted

Survey Charting (Surveyor-General)

Investigation of the site by other Agencies of Government, where necessary

Recommendation for approval

Stamping and Registration by Land Registry

Collection of the registered deed at Land Services.

Title registration is a crucial step in securing property rights in Lagos, Nigeria. It helps protect property owners from land disputes and ensures legal ownership and usage rights. It is advisable to work with legal professionals and follow the proper procedures to complete title registration successfully.

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