Outcomes

At the end of the lesson, students would be able to:

1. Identify major features of the Land Registration Law (Lagos State) as they affect sale of land, leases, mortgages, power of attorney and other real property transactions.
2. Explain the differences between registration under the Land Registration Law, Lagos and registration under the Land Instrument Registration Law (LIRL) (as applicable under the PCL & CA States)
3. State the procedure for investigation of title in Lagos under the Land Registration Law (LRL) (including procedure and documents for Electronic Search)
4. Draft an Electronic Search Report in Lagos. –  you don’t need to draft it ,its usually given by the registrar  just know the content
5. Identify documents for real property transactions in Lagos.
6. Complete the forms relating to property transactions in Lagos
7. Consideration of ethical issues.

 

 

Long title – a law to make provisions for the registration of title to land in Lagos state and for connected purposes.

Before 2015 when the law was introduced we had 2 districts, registration of titles law which applied to certain parts of Lagos state – Registration districts, and others – registration of deeds. Formerly then title was tied to document and that’s why it is important to consider what is a good root of title. Under the RTL registration constituted title, title was guaranteed and it was easier a person didn’t have to make any abstract or make any requisition. While in the other part of Lagos you had to register your deed and in doing that they had to go back 40 years.

This new law fused the registration district with the registration of deeds. This fusion doesn’tchange the document that is required for registration of title’s area, the idea was to bring every area of Lagos and make it registrable.

RTL and LIRL inter alia repealed.

 

The land registry

Note matters to be maintained in the land registry (see s3(4) LLRL)

The registrar (deputy Registry) Note the powers of the registrar. Seess4(2)  and 5(1) LLRL. Registrar of title requirement is 10 years post call, deputy registrar is 8 years postcall.

 

 What should be registered?

• Documents of grants, sublease, power of attorney
• Succession to land under Will or intestacy
• Revocations
• Trusts etc.

 

 In certain instances registration is optional and in other instances it is mandatory.

Optional for original landowner – see s 7

Mandatory – grant or sub-lease above 5 years – see s8

• Power of attorney - Consent is a pre-requisite to registration where the donee is required to deal with land
• Revocation, acquisition and excision

 

 Registration of documents

• It should be done within 60 days after obtaining Governor’s consent – see 26(1)
• A sublease below 3 years?
• Succession to land under AE. (but note what is excepted . see s 26(3) – any land going by will or intestacy does not require governors consent, it must still be registered. So where an assent or deed of partition doesn’t need a governor’s consent but it must be registered and it should be attached on production a CTC of the grant or letter of administration

 

Note Prerequisites

• Prescribed form (s 26(1)
• Survey (with respect to assignment and subleases. see s101 – it says the registrar shall not register any assignment or sublease unless that land has been surveyed. So it means the person must attach a survey plan when submitting for registration as evidence otherwise it wouldn’t be registered)

 

Under RTL once the transaction is not registered the transaction is void but under this new law the registrar would compel the person to register

 

Registration can be compelled – see 26(4)

Note time frame for registration where compelled see 28(2). Any penalty?

Late registration of sublease or mortgage after 6 months  - s 28(3) , where the transaction is a sublease or mortgage , if after 6 month and they fail to produce then they would be liable to pay another sum of N500 per month on the registration fee.

 

Can a register refuse to register a document? Yes. Under the old system there was no obligation on the registrar to compel registration.

 Where consent was not obtained in respect to a power of attorney dealing with land, that document cannot be registered.

 

S9 – where the document is void or the registration is prohibited by law

S29(2) – documents for registration may be delivered by hand , post or courier.

 

Effect of non –registration – s6 

S 30 – non-registration shall make the document inadmissible in evidence as it affects land, also the document shall not be pleaded.

• Admissibility in court – s 6,30
• Penalty for late filing – s 28
• Priority – s29
• no interest passes until registration (inchoate) –s40: it appears that non-registration makes the transaction inchoate.

 

 

Land certificate

Note when issued – s 35(1)

The land certificate is prima facie evidence of matters contained in it. It may be rectified.  This certificate can be corrected and updated. With every subsequent transaction you need to submit the land certificate to be re-issued or amended. 

 

LAND INFORMATION MANAGEMENT SYSTEM

S 18

Matters to be included

• Day list
• Register of mortgages
• Register of caution
• Any other register prescribed for use by the register

 

Each register should contain - S 20 LLRL

• Name and address of the parties to the transaction,
• Description of the property,
• Location of the property,
• Survey plan of the property and;
• All other information that may be deemed necessary

 

In LLRL you use prescribed form for registration of every transaction.

Searches at the land registry must comply with s22 of the LLRL. Applications for search must be in the prescribed form 3. Using the wrong form would lead to non-acceptance.

 You can pay by transfer

 The system will generate the report

 

Searches at the lands registry s 22

• Application in prescribed form. Form 3
• Payment
• Application is considered
• Online search
• Electronic Search report in prescribed form. Form 4

The document will be certified by the registrar, this should be sent to the client , however a copy should also be kept by you for your records.

 

Who can conduct a search? – s 25(2)

1. A law firm
2. Financial institutions
3. Corporate organisations
4. Registered estate surveyor and valuers. – so members of the NIESV

 

Powers of attorney

Note sections 7 and 56

Consent and registration where donee is to deal with land.

S56(2)

Note s56 with respect to revocation – the fact that a power of attorney has been revoked must be included

Notice of revocation must be given to the registrar, otherwise it would be deemed to still be in force

 

Registration of family representatives - S 89-92

The law makes provision for a maximum number of ten. Where a person’s name is not included then it means the person cannot act on behalf of the family. Any transaction of family land must be done by a registered family member. The register can be amended, so it can be rectified. 

Rectification is possible under the following circumstances - S 99

• Where the court has decided that a person is entitled to an interest in any registered land or mortgage;
• Where the court makes an order for the rectification of the register;
• At any time with the consent of all persons interested;
• If the court or the Registrar is satisfied that an entry in the register has been obtained by fraud;
• Where two or more persons are mistakenly registered as holders of the same registered land or of the same mortgage;
• Where any person appears from the record to have acquired land or an interest in land under Sections 11 and 51 of this Law; or
• In any other case where, by reason of an error or omission in the register, or by reason of any entry made by mistake, may be deemed just to rectify the register.

 

Note that all transactions relating to family land or land owned by a family/community in Lagos state would not be taken to have been validly carried out or undertaken unless undertaken by the representatives of the family/community who are duly registered in the land registry as family representatives under the land registration law. Must read s 89-92 LLRL.

 

 

Note:  S 61(1) – Where a sale has occurred under the sheriff and civil process law, the certificate of purchase should be registered.

S 62 and 63 where there’s a transfer

 

Some other matters

• Creation of subleases
• Mortgages and subsequent mortgages – s50
• Consolidation of mortgages – s 51
• Discharge of a mortgage s 55 Deed of release

 

Difference between registration under the LLRL and under the LIRL

1. Below 3 years not mandatory to register, above 5 years it is mandatory
2. Electronic search report while under the LIRL
3. Needs the consent of the governor before registration
4. Registration is a compellable act under LLRL but under the LIRL there is no such obligation
5. Under LLRL there are specific people that can carry out a search whereas under the LIRL

 

The fact your have submitted for filing doesn’t mean its going to be registered, an interested person can send a caution. In practice they don’t accept caution and caution cannot exists indefinitely, it expires after 3 months.

 

Before form 4 is submitted there is a presumption they’ve already submitted form 3**, just note the contents of form 4, you don’t have to draft.

 

Forms & Precedents:

• LRL Form 1 ---- application form for registration of titles to land
• LRL Form 2— Application form for registration of Land covered by a

Certificate of Occupancy or Deed.

• LRL Form 3 – Application for conducting searches
• LRL Form 4 – Lagos State Land Registry Electronic Search report
• LRL Form 5 – Application for obtaining CTC
• LRL Form 6 – Application form for registration of caution
• LRL Form 7 – Application form for withdrawal of caution