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22 Jan

PL PRACTICEWEEK 8 REGISTRATION

WEEK 8 — REGISTERED CONVEYANCING (REGISTRATION OF TITLES-RTL) it appears it is now Land Registration Law (LRL) 2014 enacted to repeal (LIRL, EMSL, RTL RTAR) and harmonise/unify the system of registration OF

– Land Holders;

– Titles to land;

– Transactions in Land and documents affecting land in Lagos.

In essence, existing interests and transfer or alienation of such interests should be registered. E.g. Mortgage, Lease, Judgment, Devolution (succession intestacy or testate), revocations and acquisitions, etc.

Restrictions could be entered to protect unregistered interests in land. A caution could be registered to entitle cautioner to notice of any application for registration in respect of such land to which the cautioner should respond within 14 days.

The Following registers are maintained in the Land Registry;

Nominal Index,

Register of Transaction,

Registry map,

– Parcel File,

– Day List,

– Mutation Record (showing changes made),

Register of Mortgages,

– Register of Caution,

– Register of Power of Attorney.

The Registers detail parties, transaction and property.

Registration is optional for an original land holder. Registration is mandatory for grant or sublease of state land that exceeds five years[1].

Upon registration, the document is sealed and marked by the registrar. This is evidence of registration.

EFFECT OF REGISTRATION:

– The document is admissible in court to prove that the documents is so registered otherwise; not.

– Registration gives priority, late registration attracts fine non-registration makes inchoate until registration.

– The interest of a registered holder (purchaser of value) is indefeasible and not affected by notice of unregistered interest of a previous registered holder and he need not inquire whether the terms of any caution or restriction has been complied with. However, his interests are subject to; Registered encumbrances, liabilities, conditions, restrictions, interests, subject to the principles relating to bankruptcy, winding up and overriding interest, if infant, lunatic, etc.

– Every Land Document should be registered using the LMIS procedure. I.e. within 60 days after obtaining governors’ consent (where applicable) (6 months for mortgage and sublease)… the land should have been surveyed to the satisfaction of the office of the surveyor general.

Documents submitted for registration should be registered on the same day after appropriate fees and rates have been paid. Upon registration, Registrar issues a Land Certificate.

Mortgage shall be discharged by registration in the registry of a deed of release.

Registrar may refuse registration if governor’s consent has not been obtained, documents are irregular/illegal/void, registration is prohibited under the law-Section 7 and 9.

PROCEDURE FOR SEARCH UNDER THE LMIS; submit an online application (Form 3) to registrar of titles, make relevant payment, Registrar considers application, Search is ordered, Registrar issues an official search report as in (Form 4). Forms are contained in Schedule 1 of the Law.

For registration, duly executed document (Capacitated persons, Signed, Stamp, Gov Consent) (2 copies; original and true are presented) original is returned. In the document, no misrepresentation as to parties or consideration… no forgery…

Attestation by magistrate, JP, Judge or CFO or NP is needed for documents executed outside Nigeria or document executed by illiterates.

< 10 Family representatives can be appointed[2] and registered for the purpose of dealing with family land and be registered in this regard. The list can be amended by adding more to bring number to not more than 10. It can be amended to remove one or more of the representatives who are deceased or unable to act (mental or physical), by order of court.

IDENTIFY INSTANCES FOR RECTIFICATION UNDER RTL.

The register can be rectified upon court order, all affected persons consent to rectification, registration obtained by fraud, mistake, where title of registered holder has been extinguished under limitation law, other just and equitable cases or grounds-96-100.

Adverse Possessor for up to 20 or 12 years for state and other cases may give notice to registrar and thereafter apply to the court for an order directing him to be registered as the holder of such land/interest.

Officers engaged for the purpose of the law (like officers in the land registry are immune from civil action for acts or omissions made in good faith and in exercise of their statutory powers.

Note the forms: Form 1 (registration of titles) Form 2 (Registration of land covered by CofO), Form 3 (Application for conducting searches) Form 4 (electronic Search Report), Form 5 Application for obtaining CTC, Form 6 (registration of Caution), Form 7 (withdrawal of caution).

  1. CONSIDERATION OF ETHICAL ISSUES

 

[1] Registrar may serve notice requiring this and he must comply within one month of service of the notice.

[2] Appointment published in at least one National Newspaper for objections to be entered within 21 days afterwhihc registrar enter the names of such representatives in the register.

Isochukwu

Quite eccentric really

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