Land documentation

By virtue of the Public Lands Acquisition Law, the state government may acquire land compulsorily for public purpose from individual land owners subject to the payment of compensation to such landowners.   The notice of acquisition by the government must be served on the land owner as the courts have consistently held that non service of the  Notice of Acquisition  would render the acquisition invalid.   It must be noted that the acquisition of private individuals’ interest in land can only be done by the government for public purpose as any acquisition not done for public purpose will be declared invalid by the courts on being challenged.        The courts have in the past declared as invalid.   1. The acquisition of some plots of land later leased by the government to a private company for the development of a hotel.   2. The acquisition of some plots of land by the government for the further development of a ch...

   Land is of basic importance in traditional Nigerian society, and is communally owned, although family or company ownership exists side by side with communal ownership. It is a source of wealth and is greatly valued as a crucial factor of production moreover people acquire land for many different reasons.   Land constitutes a sensitive asset whose administration must be based on meaningful policy decisions to benefit the people. Hence, no society exists without a regulation of some kind peculiar to it to rationalize the mode of ownership and the use of land, because land is limited, the law must step in to discourage land speculation.   According to the 1999 constitution (as amended), which is the ultimate legislation in Nigeria, one’s right to one’s property is an entrenched constitutional right which is inviolate. It follows therefore that any purported acquisition which is not according to a law containing the above provisions or con...

The simplicity with which Title to real properties is perfected enhances the property rights enjoyed by private persons as well as corporate in any country. Land acquisition and security of title and interest in land (as guaranteed by perfection of title), is fundamental to the harnessing of investments, expansion of businesses and the growth of economies . When was it enacted? The Lagos State Land Registration Law was enacted on 21 st  January, 2015. It became the comprehensive legislation on land registration and replaced all the previous legislation on the matter. Therefore, the Registered Land Law, Registration of Titles Law, Land Instruments Registration Law and Electronic Documents Management Systems Law have all been repealed. However, any title or rights registered under the said repealed laws remain valid. Why it was enacted? The law was enacted to strengthen the hand of Government in the administration of the Land Use Act and to enable Lagosi...

The land ownership system in pre-colonial Nigeria was communal. Land was deemed not owned by individuals but by communities and families in trust for all the family members. The legal estate under customary land tenancy is vested in the family or community as a unit. The Land Use Act of 1978 was enacted to redirect the general philosophies of pre-existing land tenure systems in Nigeria through the application of a uniform statutory regulation of ownership and control of land rights and to stimulate easier access to land for greater economic development as well as promote national and social cohesion. The statutory right of occupancy granted by a Governor is presently the highest right to land in Nigeria. This right of occupancy is a right which allows the holder to use or occupy land to the exclusion of all other persons except the Governor and is granted for a maximum holding period of 99 years, subject to the payment of ground rent fixed by the Governor throughout...

v   A duly completed and signed application made on land Form 1c to be sworn before a Notary public or a Magistrate. v   A covering application letter by the Agent or by the Attorney to the Applicant. Contained in the letter must also be the address, telephone numbers, mobile numbers and where possible an email address of the Applicant. v   A certified true copy of the original title to the land. v   A bank certified Cheque made payable to the Lagos State Government. The exact percentage is dependent on the nature of the transfer, e.g. 5% for deeds of gifts or special transactions, 8% where the State Right of Occupancy has existed for 10 years or more, 16% where the right of occupancy is less than 10 years of the capital value of the land, etc. v   Bank certified Cheque of N10, 500 (Ten Thousand Five Hundred Naira) made payable to LAGS representing Charting fee, Endorsement fee and Form 1c. v   One Hundred Naira (N100) as Development levy ...

Regularization of title to land is the process of granting title to those who have erroneously purchased uncommitted Government acquisition. The Lagos State Government land regularization exercise is not aimed at confiscating property without valid title but to ensure that all property falling within un-committed government acquisition are properly documented and granted legal title where applicable. For unsuspicious members of the public who have encroached on a Lagos State Government Land, there is a window of opportunity to get a valid tile on such a land which is known as Regularization, the policy avails buyers of uncommitted Government Land the opportunity to obtain legal title to the land based on two main conditions.  It is also the process of allocating Government land to someone who previously occupied landed property without lawful authority from the State Government.  Firstly, that the land is not situated within a Government Scheme, Estate or ...