Nigeria: Retrospective Registration (Double Consent) Of Title To Land At The Lagos State Lands Registry – Adetola Ayanru

Last Updated: 16 September 2019
Article by S.P.A. Ajibade & Co.

Adetola Ayanru1

RETROSPECTIVE REGISTRATION (DOUBLE CONSENT)

OF TITLE TO LAND AT THE LAGOS STATE LANDS REGISTRY2

  1. INTRODUCTION

The Land Use Act (formerly called the Land Use Decree) Chapter 202 of the Laws of the Federation of Nigeria 1990, is:

"An Act to vest all Land compromised in the territory of each State (except land vested in the Federal Government or it's agencies) solely in the Governor of the State, who would hold such Land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the State and to organisations for residential, agricultural, commercial and other purposes".

When Land has been allocated to individuals within the State, they have the responsibility of ensuring that title to the vested land is registered at the Lands Bureau / Lands Registry of the State.

  1. FUNCTIONS AND ACTIVITIES OF THE LANDS REGISTRY

The Lands Registry or Lands Bureau of each State is a very important department that is saddled with the responsibility of keeping an up-to-date record of all land transactions in the State. In Lagos State, it is the only agency of the State Government that is statutorily empowered to store registered title documents relating

to land in Lagos State by virtue of the following Laws:

  1. Lagos State Land Registration Law ( L41, Vol. 6, Laws of Lagos State of Nigeria 2015)
  2. Registration of Titles Law (CAP L15 Laws of Lagos State 2015)

The following are the usual functions of the Lagos Land Registry:

  • Storage of proper records of all land transactions in Lagos State
  • Registration of Deeds of transfer, Assents, Court Judgments, Deeds of Release as well as issuance of Memorandum of Loss of title documents, Certified True Copies of title documents, to maintain and conduct searches and support investigatory processes for the verification of land ownership.
  • Registration of instruments affecting Land in Lagos.
  • Administration of the Electronic Document Management System (E.D.M.S).
  1. WHAT DOES RETROSPECTIVE REGISTRATION/DOUBLE CONSENT ENTAIL?

It is a known fact that registering one's title to land or property in Lagos State can be tedious as a result of the associated bureaucracies as well as the high cost of registration at the Lands Bureau. It is a system that tends to discourage many Land and property owners from title registration with most being content with merely stamping their deeds of title. The effect of non-registration of an instrument of title to land or property is that the owner of such land or property cannot plead the instrument of title as evidence of such title in court except he/she registers same,3 provided that such an instrument is not exempt from registration.4 This is not the only disadvantage of not registering one's title to property. It also makes the process of a subsequent legal transfer to a new owner or beneficiary tedious and almost impossible, especially when the owner of the property has passed away.

The Lagos Lands Registry has now introduced a simple method of bypassing the issue of non-registration of title by an erstwhile owner of land/property to a Purchaser/beneficiary of the same interest in the land/property simply because he did not undergo the process of registration of the title to such land/property.

Most times, before a land/property sale transaction is consummated, it is usual for the Buyer to conduct a due diligence search at the Lands Registry. However, what is not unusual is for the Seller's title to the land/property to have remained unregistered at the Lands Bureau, as a result of the difficulties and costs associated with such registration.

If the Buyer decides to proceed by other means to verify ownership of the land/property and he is satisfied that the Seller is the true owner of the land, he may proceed to payment despite the fact that the Seller has not registered his interest in the land/property at the Lands Bureau.

The process of retrospective registration/double consent gives a subsequent Buyer the right to submit two sets of transfer instruments (one set will detail the transfer transaction between the previous owner (Party A) and the current Vendor, who did not register his equitable interest in the land (Party B) which he now seeks to transfer to the current Purchaser (Party C). the second set of transfer instrument will detail the transfer between Party B and Party C.

This submission may be done with or without the active participation of the previous owners of the land/property (Parties A and B), provided that all the documents required for the purpose would have been obtained from them prior to the completion of the sale transaction.

The following are the requirements as well as the workflow for an application for double consent/retrospective registration at the Lagos Lands Bureau:

  1. REQUIREMENTS
  2. Application letter with the address, telephone number and email address of the applicant or the applicant's representative.
  3. Two sets of duly completed and sworn Form 1c.5
  4. 2 sets of Deeds/instruments of transfer – 2 Deeds between Parties A & B and 3 Deeds between Parties B & C.
  5. A duly sworn indemnity at the High Court by the Grantee/Assignee (Party C).
  6. 2 passport photographs for Party B (the unregistered Assignee) and 4 passport photographs for Party C.
  7. A certified true copy of Party A's root of title.
  8. Site photographs.
  9. Site location sketch.
  10. Certificate of Incorporation/registration (if a Company is a party to the transaction).
  11. Charting and endorsement fee (N7,500 & N3,000).
  12. WORKFLOW

The workflow for this application is as follows:

  1. After submission of the application requirements and documents, a file will be opened and passed to the vetting unit whose duty it is to ensure that all the requirements and documents are in place.
  2. After the procedural vetting, the file will be passed to the Surveyor-general's office (private land) or the Land Services Department (for State land) for charting and confirmation against all revocations of Statutory Right of Occupancy (SRO) to ensure that the land sought to be registered has not been revoked by the Government.
  3. After this process, an assessment will be issued for the charges to be paid based on the location of the Land, in line with the fair market value rates6 whose aggregate pattern is broken down as follows:

For the transfer instrument between Parties A and B, the Consent charge is 1%, Stamp duty is 0.5%, Registration & conveyancing fee is 0.5% whilst for the transfer instrument between Parties B and C, Consent charge is 1.5%, Stamp Duty is 0.5%, Capital Gains Tax is 0.5% and Neighborhood Improvement Charge /Ground Rent is flexibly calculated or assessed, based on the location and size of the land.

  1. The file thereafter moves to delegated Commissioners for execution, en-route the Permanent Secretary (Lands) and after execution, the file, containing the deeds/instruments of transfer, will be forwarded to the Lands Bureau.
  2. At this point, the file will be forwarded from the Lands Bureau to the Lands Registry Directorate for the stamping of the deeds/transfer instruments and verification of the payment of personal income tax (for individuals) or Company income tax (for Companies) by the parties to the transaction. The file will then be forwarded to the Registration Unit for the inspection of the original root of title which the applicant is expected to produce and thereafter followed by the registration of the deeds/transfer instruments.
  3. After this process, the registered deeds/transfer instruments will be returned to

the Land Services Unit for the preparation of the letter conveying the approval of the consent application after which both sets of the registered deeds and approval letters will be released to the applicant.

  1. CONCLUSION

This process is bound to facilitate land transactions as well as encourage applicants

who fall within this category of land/property owners to submit their unregistered deeds/instruments of transfer for registration because it is not only cheaper, it is also faster as a result of the eradication of the need to wait for a previous owner to complete the process of registration, which may not be assiduously pursued, since their interest has been transferred to another Buyer.

Footnote

1 Adetola Ayanru, LLB, LLM, Senior Associate, S. P. A. Ajibade & Co, Lagos, Nigeria.

2 Section 15 of the Land Instruments Registration Law of Lagos State 2015.

3 Section 86 Registration of Titles Law of Lagos State 2003.

4 For more information on the application approval process for a subsequent transaction to a grant of right of a right of occupancy see ( http://landsbureau.lagosstate.gov.ng/storage/sites/153/2017/05/lands-bureau.pdf ), accessed on 5th September 2019.

5 Lagos State Official Gazette No. 10 Vol 48 dated 5th February 2015 (https://landsbureau.lagosstate.gov.ng/category/forms/ ).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions