LAND REGISTRATION IN LAGOS STATE – PROCEDURE & REQUIREMENTS

Land registration in Lagos State is a vital process that ensures the legal recognition of land ownership and the protection of property rights. The procedure follows a structured legal framework designed to provide clear title deeds to landowners while reducing disputes over ownership. In Lagos, the process is regulated primarily by the Lagos State Lands Bureau (land registry), where the application for property registration is initiated. Understanding the process of land registration in Lagos is essential for anyone buying, selling, or inheriting land in the state.

This comprehensive guide will explore the step-by-step procedure, relevant documents, associated fees, and government agencies involved in land registration in Lagos, Nigeria.

IMPORTANCE OF LAND REGISTRATION

The benefits of registering land cannot be overstated. It provides the landowner with legal proof of ownership, offers security against disputes, ensures that the land is recognized under the law, and is essential for obtaining loans or mortgages with the land as collateral. Without proper registration, land transactions can be easily contested, leading to lengthy legal battles and financial losses.

Step 1: Conducting a Land Search

Before acquiring any land or property in Lagos State, it is crucial to conduct a search at the Lagos State Land Registry. This step helps to verify the status of the land and confirm the legitimacy of the seller's claim to ownership. It also ensures that the land is free from any encumbrances, such as government acquisition, legal disputes, or existing mortgages.

To conduct a land search, the prospective buyer or their legal representative submits a formal application to the Land Registry along with a copy of the land survey and a title document (if available). This process typically takes a few days, depending on the availability of documents. It is important to understand that a land search can only be conducted on a property with an existing registered title. If a land does not have an existing title, the only way to verify the status of such land is by a process known as charting through the office of Surveyor General. The charting will give some necessary information about the land and reveal whether the land is under any form of government acquisition.

Documents needed for search:

• Title document
• Copy of the survey plan
• Application letter
• Identification documents

Step 2: Preparation of Documents

After confirming that the land is free from encumbrances, the next step is the preparation of the title document to be registered, the most common one is the Deed of Assignment. This is a legal document that transfers ownership of the land from the seller to the buyer. The Deed of Assignment must be drafted by a qualified legal practitioner and should include details such as:

• Names of the seller and buyer
• Description of the land (including size and location)
• History of ownership (also known as the root of title)
• Consideration (purchase price)
• Terms and conditions of the transfer

The deed of assignment serves as a formal agreement between both parties and is a critical part of the registration process.

Step 3: Application for Governor’s Consent

Under the Land Use Act of 1978, all lands in Lagos (and indeed in all other states in Nigeria) are vested in the state governors. Therefore, any transfer of ownership of land in Lagos requires the approval of the governor. This approval is known as the Governor’s Consent and is mandatory for any sale, transfer, or mortgage of the land. The Governor’s Consent is among the first steps in the land registration process because, without the consent of the governor, a land cannot be registered.

To apply for the Governor's Consent, the buyer or their legal representative must submit the Deed of Assignment and other supporting documents to the Lagos State Lands Bureau.

Documents needed:

• Completed Governor’s Consent application form (Form 1C)
• Deed of Assignment
• Land survey plan
• Tax clearance certificates or tax receipts of both the seller and buyer

Step 4: Payment of Fees

Several fees must be paid during the land registration process. These fees vary depending on the size and location of the property, as well as the type of transaction. The major fees include:

1. Consent fees – This is usually a percentage of the property's value (between 1.5% to 3% of the assessed property value).
2. Stamp duty – A government tax imposed on the Deed of Assignment, often around 0.75% of the value of the land.
3. Registration fees – This varies based on the property size and location, usually calculated as a percentage of the land's value.
4. Income Tax: Both the seller and buyer of land must furnish evidence of payment of income tax. If any of them are existing taxpayers in Lagos, evidence of income tax payment must be furnished. The tax payment must be commensurate with the earning capacity of the parties.

Documents needed:

• Payment receipts for the various fees
• Deed of Assignment
• Tax clearance certificates

Step 5: Stamping of Documents

Once the Deed of Assignment is duly prepared and the required fees are paid, the next step is to have the Deed stamped. Stamping is necessary to authenticate the document and make it legally binding. The buyer or their representative must submit the stamped deed to the appropriate authorities.

The Stamp Duty Act governs the imposition of taxes on land transactions in Nigeria, making it illegal to execute land transfers without paying the necessary stamp duty.

Documents needed:

• Stamped Deed of Assignment
• Proof of payment of stamp duty

Step 6: Registration at the Land Registry

After obtaining the Governor’s Consent and stamping the Deed of Assignment, the final step is to register the land at the Lagos State Land Registry. Registration serves as formal notice to the public and prevents future disputes regarding ownership. Once registered, the land title is considered legal and enforceable.

Upon successful registration, the buyer is issued a signed (consented) and stamped deed of assignment with the Registered Title number.

Step 7: Issuance of Certificate of Occupancy (C of O)

A Certificate of Occupancy (C of O) is a document issued by the government that certifies the holder's right to occupy and use the land for a specific purpose under leasehold terms for a period of 99 years or less. If the land has never been registered before, the new landowner must apply for a C of O instead of the Governor’s Consent. This document is crucial for establishing formal ownership and is required for future transactions involving the land.

Timeframe and Challenges

The entire land registration process in Lagos State can take several months or a few years to complete, depending on various factors such as:

• Complexity of the transaction
• Workload at the Lands Bureau
• Promptness in submitting required documents and payments

Common challenges in the process include: 

• Bureaucratic delays
• Incomplete or inaccurate documentation
• Changes in government policies or fees

RECENT DEVELOPMENTS IN THE LAND REGISTRATION PROCESS IN LAGOS

Digitalization Efforts

The Lagos State Government has been working to digitalize the land registration process to improve efficiency and reduce processing time. This includes:

• Online submission of applications
• Digital storage of land records
• Electronic payment systems

Simplified Procedures

Efforts have been made to streamline the registration process, including:

• Reduction in the number of required documents
• Introduction of a single-window submission system
• Establishment of dedicated service centres

Benefits of Proper Land Registration

Completing the land registration process in Lagos State offers several advantages:

1.      Legal Protection: Registered land is protected under Nigerian law, reducing the risk of ownership disputes.

2.      Access to Finance: Registered land can be used as collateral for loans and other financial transactions.

3.      Increased Property Value: Properly registered land often has a higher market value compared to unregistered land.

4.      Urban Planning: Registration helps the government in urban planning and infrastructure development.

5.      Revenue Generation: The process contributes to government revenue through various fees and taxes.

Tips for a Smooth Registration Process

To ensure a smoother land registration experience in Lagos State:

• Engage Professionals: Work with experienced property lawyers familiar with Lagos State land laws, as you will need a lawyer to prepare the conveyancing document and provide guidance through the process.
• Prepare Documentation: Gather all required documents before initiating the process.
• Budget Appropriately: Be prepared for various fees and taxes throughout the registration process.
• Stay Informed: Keep up-to-date with any changes in land registration policies or procedures.

CONCLUSION

The land registration process in Lagos State is a crucial step in securing property rights and contributing to the state's economic development. While it can be complex and time-consuming, proper registration provides numerous benefits to landowners and the broader community. As the state continues to modernize and streamline the process, it's expected that land registration will become more efficient and accessible to all residents of Lagos State.

Understanding the intricacies of this process is essential for anyone looking to acquire or transfer land in Lagos State. By following the outlined steps and working with experienced professionals, individuals and organizations can navigate the land registration process successfully, ensuring their property rights are properly documented and protected under Nigerian law.

By Property Law Team at Resolution Law Firm

Email: info@resolutionlawng.com

Tel/WhatsApp: +2348099223322