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       WITHDRAWAL OF CAUTION: A caution can be withdrawn by virtue of section 46 (3) of the Registration of Title laws which states that “A caution may be withdrawn by the person who lodged it or applied for its registration”.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