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Introduction
In Nigeria, registering or perfecting your title or ownership of land with the government is indispensable. One common mistake buyers make in land acquisitions is that they fail to perfect their title to land at the land registry where the land is situated.
Ownership of lands in Nigeria is vested with the government of the State where the land is situated, held in trust for Nigerians. As such, certain land transactions made without the Governor’s consent create only an equitable interest/ownership for the buyer, and stand the risk of losing the property to a third-party buyer who not only acquires an equitable interest, but also a legal interest through perfection of title.
In this article, we discuss what perfecting your title to land means, why it’s important, and what steps you can take to perfect your title to land in Lagos State, Nigeria.
What Does Perfection of Title to Land Mean?
Many land buyers assume that a Deed of Assignment is enough to acquire ownership of land. Perfecting your title to land means registering your land ownership with the appropriate land registry. It involves registering your title documents at the Lagos State Lands Bureau. It is the process of obtaining legal recognition of your ownership of land.
Importance of Perfection of Title to Land
Perfection of title to land is important for the following reasons:
- It is mandatory by law.
- It transfers legal title to the buyer and serves as legal proof of ownership of land.
- Perfecting your title to land protects you from future disputes or claims.
- It has its own way of increasing the value of the property in case of future sale due to the assurance of legal ownership.
- It is easier to use the land as collateral for accessing bank loans.
Steps to Register your Land in Lagos State / Perfecting your Title
There are three main steps in perfecting the title to land:
- Obtaining Governor’s Consent
- Paying the required stamp duty
- Registering the title document
Obtaining the Governor’s Consent on the Land Transaction
Once land is sold and the buyer’s lawyer prepares the Deed of Assignment, the Governor’s consent must be obtained. To obtain the governor’s consent, the following steps should be taken:
- Write an application letter addressed to the Director of Lands Services, Lagos State Lands Bureau.
- Download and fill out the required form from the Lagos State Lands Registry Website
- Attach and submit the following documents online or at the land registry:
- The certified true copies of all roots of title referred to in the title document sought to be registered
- Duly executed Deed Document (E.g. Deed of Assignment/Deed of Sublease/Deed of Gift/Deed of Partitioning)
- 3 copies of the registered survey plan attached to the title document
- Valid Identification Document(e.g., NIN, Voter’s Card, Driver’s licence, etc), for individual applicants and directors of companies.
- Passport Photograph (for Individual Applicant(s) Only)
- Certificate of incorporation (for Business/Organisation Only)
- Particulars of Directors (for Business/Organisation Only)
- Site photographs with date and time
- Site location sketch
- Letter of Indemnity (for Double Consent Only)
- Affidavit (for Double Consent Only)
- Newspaper publication (for Double Consent Only). A double consent application is required only when a previous owner of the land failed to obtain the Governor’s consent, and you, as a buyer, need to obtain the Governor’s consent to perfect your title. In this case, you will be required to obtain double consent.
- An acknowledgment letter is issued after the required documents have been vetted, and a letter demanding payment of N10,500 as the Charting & Endorsement Fee.
- At the land registry, you will be required to pay the assessed consent fee based on the location and applicable fair market value published in the Lagos State Official Gazette No. 9 Vol. 54. The land registry officials will visit the land to carry out a physical inspection and charting of the land to determine the value of the property.
- If there are no encumbrances on the title, the consent application is approved and formally endorsed on the Deed.
Note that if you have purchased land from someone who did not take the necessary steps to perfect their title, you will have to apply for a double consent. Double consent is an application for the Governor’s consent where the buyer applies to register two transfers at once: the original unregistered transfer to the seller and the current sale to the buyer.
A double consent application is cheaper and faster than allowing the seller apply for consent on their title before the buyer makes their own application.
Payment of Stamp Duties
The next step after obtaining the Governor’s consent on the land transaction is stamping of the Deed at the Stamp Duties Office. The stamp duty (0.5% of assessed value) is charged ad valorem, that is, based on the assessed value, and a Stamp Duty Certificate is issued after successful payment.
What are the Requirements for stamp duty payment at the Land Registry
- Duly executed Deed document with the evidence of the Governor’s consent obtained.
- Tax Identification Number
- CAC documents, for companies
- Email addresses, residential address phone numbers, etc.
Registration of Title Document
After payment of stamp duties, the final step in perfecting your title to land is to register your title document at the Lands Registry. The title document is given a unique identification number, and that number is entered in the land register.
How Long Does It Take to Perfect A Title to Land in Lagos?
The process typically takes 4 to 9 months, depending on documentation, bureaucracy, and response time from the land registry officers.
How Much Does It Cost to Perfect A Title to Land in Lagos State?
Below is a summary of the government cost for the perfection of a title to land in Lagos State
|
S/No |
Description |
Amount |
|
Charting & Endorsement |
N10,500 |
|
|
Consent Fee |
1.5% of assessed value |
|
|
Stamp Duties |
0.5% of assessed value |
|
|
Registration Fee |
0.5% of assessed value |
Common Mistakes to Avoid When Registering Your Land in Lagos State
- Failing to conduct due diligence before proceeding to payment and registration
- Having incomplete documents and a defective title document.
- Failing to engage professionals. Engaging professionals makes the process faster.
- Delaying payment after assessment
Conclusion
Possession is not perfection. Being in physical possession of land—fencing it, building on it, farming it, or even living on it—does not automatically make you the legal owner in the eyes of the law. Ownership, therefore, is not determined by who occupies the land, but by who has properly documented and perfected title recognized by the government.
You may also read:
Buying Land or Property in Lagos State: Common Mistakes to Avoid – Learn the key pitfalls buyers face when purchasing property in Lagos and how to avoid costly errors.