Procedure for Land Registration in Lagos Nigeria
The land registration process is Lagos State is governed by the provisions of the Land Registration Law of Lagos State and Land Use Act of 1978. For land to by duly registered in Lagos, such land must have been duly charted & survey; the transfer duly consented to by the Governor of Lagos State and the registration record duly entered at the land registry. This article summarizes all the steps and requirements for the land registration in Lagos State Nigeria
The procedure for land registration in Lagos, Nigeria entail various requirements and steps. These requirements include a survey of the land to be registered; the obtainment of governor’s consent and the actual registration at the land registry.
Unless a governor’s consent has been obtained in respect of the transfer of any property or land, such a property cannot be duly registered.
Governor's consent is actually a consent obtained from the governor of a state on a land transaction, without which will be deemed illegal in the eyes of the law as well as the government. Governor's consent in Lagos and every other state in Nigeria are absolutely necessary where the holder of a Certificate of Occupancy over land or perhaps any other title decides to sell or perhaps alienate the land to someone else.
This extremely important process is statutorily provided for in Section twenty-two of the Land Use Act 1978.
In Lagos state, the Land Registry has the duty of keeping an up to date record of all land transactions within the state. The Directorate stores registered documents relating to land by virtue of the Land Instrument Registration Law of Lagos State 2015.
By and large, this following property transactions require a Governor's Consent include the followings: Transfer of property; Mortgage; Lease and Gift of property.
REQUIREMENTS FOR OBTAINING GOVERNOR'S CONSENT IN LAGOS
1. The first step is to make an application directed to the Lagos state director of the Land Services and Land Directorate.
2. The Land Form 1c which must be duly signed by the parties to the transaction and sworn to before a magistrate or perhaps notary public.
3. Three copies of duly signed Deed of Assignment, Mortgage; e.t.c
5. Survey plan (with evidence of lodgment of red copy).
6. Certified True Copy of title of the property.
7. Photographs of property showing date and time.
8. Payment of Charting fee and Endorsement fee.
9. Four passports photos of the vendor with a white background.
10.Payment of tax by both parties.
11. Administrative Charges for land services
12. The above documents are then directed to the office of the Surveyor-General of Lagos state for charting. Charting is basically the process of knowing the acquisition status of the land. The survey can only be carried out upon the successful charting of the land.
14. When a survey has been performed on the documents sent to the Surveyor General's office and no defect is actually detected, a thoroughly clean report is sent to the land bureau along with a demand notice for the payment of assessed fees.
Some of the fees or taxes payable are:
• Consent Fee
• Capital Gains Tax
• Stamp Duty Fee
• Registration Fee, and
• Current tax clearance certificates of the parties to the property transaction,
Finally, upon the approval of the transfer by the Governor, the application is actually delivered to a Commissioner specifically designated for that purpose by the Governor to sign the land document. When this has been done, the document is, therefore, sent back to the applicant for the payment of registration fees and other necessary fees and taxes.
The land registration process in Lagos State may take between 3 to 6 months or even more to be completed. It depends on the individual ability to be able to provide all the requirements needed for the perfection process.
By Resolution Law Firm, Nigeria
Law Firm Website: https://www.resolutionlawng.com
Call +234 809 922 3322
Law Firm Website: https://www.resolutionlawng.com
Call +234 809 922 3322
ABOUT THE AUTHOR: Olusola Jegede, MCIArb
Olusola Jegede is currently the Managing Partner at Resolution Law Firm, Nigeria.
He holds the Bachelor of Laws, LL.B at the University of Bradford, United Kingdom. He later attended Nigeria Law School and was subsequently called to the Nigerian Bar. He also studied for the Master of Law (LLM) at the University of Lagos.
As an experienced and knowledgeable lawyer, his responsibilities include Researching, Negotiating, Advising, and Consulting with clients.
Olusola’s areas of legal practice include Family Law, Real Estate Law, Intellectual Property Law, Corporate & Commercial transactions, Litigation & Disputes Resolution.
He has undergone various training for professional development.
He is a member of the Chartered Institute of Arbitrators, International Bar Association, International Trademark Association, London Court of International Arbitration among other professional bodies.
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Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case. For specific technical or legal advice on the information provided and related topics, please contact the author.
