KEYWORDS IN LAND DOCUMENTATION

. LOST INSTRUMENT: An instrument is a document affecting land whereby one party confers, transfers, limits, charges or extinguishes in favour of another party, any right or Title to or interest in land but note that this does not include a will.

2. DEEDS OF ASSENT: An assent is an agreement of an executor or administrator to pass over a legal interest in the property in question to legatee (a person). An assent relates to property which has been bequeathed to an individual or individuals.

3. WITHDRAWAL OF CAUTION: A caution can be withdrawn by virtue of section 46 (3) of the Registration of Title laws which states that “A caution may be withdrawn by the person who lodged it or applied for its registration”.

4. LOST LAND CERTIFICATE: A Land Certificate is issued for land applications brought for certain areas which are covered by registration of Titles Law 1935. If a Land Certificate is lost, there is a procedure that must be undertaken for replacement.

5. ASSIGNMENT: In real property transactions, a deed of assignment is a legal document that transfers the interest of the owner of that interest to the person to whom it is assigned, the assignee. When ownership is transferred, the deed of assignment shows the new legal owner of the property and consideration given/received.

6. Gifts: Transfer of property by the donor during his or her lifetime in favour of the done and without consideration.

7. Mortgages: a legal agreement that conveys the conditional right of ownership on an asset (land/property) by its owner (mortgagor) to a lender (mortgagee) as security for a loan. The lenders security interest is recorded in the register of titles documents to make it public information and is voided when the loan is repaid in full.

8. C of O: This literally means Certificate of Occupancy. It is usually issued by the State Government since all lands in the State are now vested in the Governor of the State pursuant to Section 1 of the Land Use Act 1978. The Governor now assumes the position of a trustee and therefore administers all lands in the state for the benefit of the citizens.

9. GOVERNOR’S CONSENT: is a signature or approval given by the Governor of the State on deeds tendered for subsequent alienation or transactions on land.

10. SURVEY PLAN: can be described as a land instrument which shows as clearly and as accurately as possible, with as much certainty as also possible, the ascertainable area of a piece or parcel of land with its definite and precise boundaries that it describes. Where a survey plan does not possess these attributes, it is of no value whatsoever to the holder of the document.

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WHAT IS A BUILDING PLANNING PERMIT APPROVAL?

Aman royal partners This is a document issued by a government agency certifying a building's compliance with applicable building codes and other laws, and also indicating it to be in a condition suitable for occupancy. It is evidence that the building complies substantially with the plans and specifications that have been submitted to, and approved by the government authority. Some persons bear in mind that the clogs in securing building plan approvals are too demanding financially and prefer to direct available funds to the construction proper. However, the purpose of obtaining a building plan permit approval is to prove that, according to the law, the house or building is in habitable condition. Here in Lagos State, obtaining a building plan permit is generally required whenever there is: Ø New Construction/Development - Newly constructed buildings usually need to apply for a building plan permit. Ø Renovation –For change

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The Lagos State House of Assembly on 29 th January 2018 , passed a Law to Provide For The Consolidation Of Property And Land Based Charges And Make Provisions For The Levying And Collection Of Land Use Charge In Lagos State; otherwise referred to as the Land Use Charge Law of Lagos State, 2018 (the “LUC Law”). The LUC Law repeals and replaces the Land Use Charge Law, 2001. Similar to the 2001 law, the LUC Law provides for a unified ‘Land Use Charge’ which consolidates all property and land based rates and charges payable under the Land Rates Law, Neighborhood Improvement Charge and all Tenement Rates; and provides that such other rates shall cease to apply to any property on which land use charge has been levied. Unlike the 2001 law, the LUC Law goes a step further to repeal the Land Rates Law and Neighborhood Improvement Charge Law, as well as the Land Use Charge Law, 2001 thereby creating a clearer regulatory framework for land based rates and charges within t

5 THINGS TO KNOW ABOUT THE LAND USE ACT

The LAND USE ACT was enacted to vest all Land compromised in the territory of each State (except land vested in the Federal government or its agencies) solely in the Governor of the State , who holds 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, agriculture, commercial and other purposes while similar powers will with respect to non-urban areas are conferred on Local Governments.(27th March 1978) Commencement. 1. When was it enacted? The Land Use Decree (now Land Use Act) was promulgated on 29 th , March 1978 following the recommendations of a minority report of a panel appointed by the Federal Military Government of the time to advice on future land policy. With immediate effect, it vested all land in each state of the Federation in the governor of that state (Fed. Rep. of Nigeria, 1978). 2. Why it was enacted? The

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