Tuesday, 26 February 2019

LAND REGISTRATION LAW OF LAGOS STATE 2015


LAGOS STATE LANDS REGISTRATION LAW NO. 1 LAWS OF LAGOS STATE OF NIGERIA
A LAW TO MAKE PROVISIONS FOR THE REGISTRATION OF TITLE TO LAND IN LAGOS STATE AND FOR CONNECTED
PURPOSES
(21st January 2015)

THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:
1. In this Law unless the context otherwise requires -
“Adverse possession” includes the receipt of rent by a person wrongfully claiming the land in reversion;

“Certificate” means a certificate as evidence of holding or title and other matters issued under the provisions of this Law;

“Commissioner” means the Commissioner for Lands, Lagos State or any person for the time being charged with responsibility over the Lagos State Ministry of Lands;

“Court” means the High Court of Lagos State and includes any Court of superior jurisdiction;

“Disposition” means any act performed where the rights of persons in or over land, or any sub-lease or mortgage are affected otherwise than by an act not yet done in a contract or agreement, and includes any acquisition by operation of law;

“Document” includes any deed, judgment, decree, order or other document in writing requiring or capable of registration under this Law and includes certificate of occupancy;

“Doctrine of relation back” is a principle that something done today will be treated as if it were done earlier;

“Easement” means any right which may be the subject of a deed of grant attached to land where the use by the holder of the land is or may
be restricted, or the use without holding or occupation of the land is or may be enjoyed by the holder of adjoining or adjacent land;

“Encumbrance” includes any sub-lease or mortgage capable of being registered under this Law;

“First registration” means the registration of any dealing with the land or any sub-lease or mortgage affecting the whole or any part of the laud (not being a document having effect only as a caveat or caution);

“Guardian” means any person under customary law or otherwise responsible for protecting the interest of any person under disability by reason of age, unsound mind or any other cause;

“Holder” means any person registered under this Law as having legal interest in land including assignments, sub-lease, mortgage or sub mortgage.
“Interest” in relation to land includes a term of years granted;

“Land” means land affected by this Law and includes all things growing on the land, buildings and other things permanently affixed to it, and where land is covered with water, the land itself but does not include water, or any mine, minerals, mineral oil or mineral gas;

“Land parcel” means any area of land separately shown on the Land Registry map;

“Land Registry Map” means the map compiled from plans and kept by the Registrar for the purposes of this Law;
“Lessee” means the holder of a sub-lease or a lease;

“Lessor” means the holder of sub-leased land;

“Mortgage” means an interest in land securing the payment of money or money’s worth or the fulfilment of any condition and includes the interest in land known as mortgage, and “Sub-mortgage” shall have the corresponding meaning;
“Mortgagee” means the holder of a mortgage;

“Mortgagor” means the holder of any land the subject of mortgage under this Law;
“Mutation record” means a form recording changes in the Land Registry map kept by the Registrar under this Law;

“Powers” when used in reference to the Registrar and his subordinates, includes duties;

“Presentation book” means the book in which are recorded all applications for registration under this Law;

“Principle of first in time is first in law” means a buyer, lender or other party acquiring interest in real property will take interest subject to all prior matters of record;

“Register” or “the register’’ means the record of holding and of encumbrances and interests kept for the purposes of this Law;
“Registered land” means land registered under this Law;

“Registration officer” means the person appointed for the purposes of any adjudication under this Law;

“Registrar” means the Registrar of Titles under this Law and includes a Deputy Registrar;

“Registration section” means a division of land registration district made by the Registrar on the Land Registry map;
“Registered title documents” include Certificates of Occupancy, Deeds and Land Certificate;

“Sub-lease” includes sub-lease but does not include an agreement for a sub-lease;

“Survey” includes digital mapping;

“Transfer” means the acquisition of land, any sub-lease or mortgage by act of the parties and not by operation of law, and includes the document by which any such acquisition is effected;

“Transmission” means the acquisition by operation of Law of any interest in land and where land may be acquired compulsorily under any law, include any such acquisition;

“True copy” means a copy that is produced through the same process as an original copy;

“Valuable consideration” does not include any nominal consideration in money.

LAND REGISTRIES AND OFFICERS

2. Every document of interest or title to Land in Lagos State shall be registered in accordance with the provisions of this law.

3.—(1) The Governor shall create Land Registry divisions in the State.

(2) The Governor may order the publication of boundaries demarcating any Land Registry division in the Gazette and such an order may be amended for the purpose of
a) constituting any new Land Registry 
division or;

(b) adjusting boundaries of any existing Land Registry division.

(3) The Registry shall be the Office for the registration of all documents relating to land.

(4) There shall be maintained in every office of each Land Registry division the following-

(a) a register of all transactions relating to transfer of interest in land in electronic and paper form;

(b) a map to be known as the Land Registry map;

(c) parcel files containing documents and any filed plan which supports existing entries in the register;

(d) a book in the prescribed form to be known as the Day List, in which shall be recorded all applications numbered consecutively in the order in which they are presented to the Land Registry;

(e) a record to be known as the Mutation Record;

(f) an index to be known as the Nominal Index where a record of names of land holders are kept in alphabetical order with the description and any other information in respect of the land parcel as the Registrar may direct;
 and
(g) a register of Powers of attorney.

4.—(1) The Governor shall appoint-
(a) a Registrar of Titles (in this Law referred to as the “Registrar”) who shall be a Legal Practitioner of not less than ten (10) years post call
experience and shall be under the general direction of the Commissioner;

(b) Deputy Registrar for each Land Registry division in the State who shall be a Legal Practitioner of not less than eight (8) years post call experience.

(c) a Land Surveyor in the Civil Service to head the survey unit of the land registry.

(2) The Registrar shall be responsible for all matters relating to the registration of interest in land and the control and administration of all Land Registry divisions created under this Law.

(3) All former personnel at the Land Registry shall, unless the Commissioner directs otherwise be deemed to have been appointed to offices or positions created under this Law.

General Powers of the Registrar.

5.—(1) The Registrar and every Deputy Registrar shall in addition to delegated powers, have the power to
(a) require the holder of a legal interest or any interested person to produce any document relating to any particular land or encumbrance;

(b) summon the holder of a legal interest or any interested person to appear and give information in respect of any land, encumbrance affecting the land or other documents relating to the land or encumbrance;

(c) refuse to register any document presented to him, if such document is withheld or anything required by him to be done under this Law is not done;

(d) administer oaths and require that any proceedings, information or explanations affecting registration be verified on oath; and
(e) order that the costs, charges and expenses incurred by him or any other person in connection with any investigation or hearing held by him or survey made for the purpose of this Law, shall be paid by such persons in such proportions as he may think fit.

(2) When the Registrar or a Deputy Registrar under this Section is empowered to administer oath, such Officer may take an affirmation or a statutory declaration under the Oaths Law in substitution for it and in any case where an oath is administered or an affirmation or declaration is taken, no oath fee or stamp duty shall be payable.

Seal of Office.

6. The Seal of the Land Registry shall be impressed on every document
emanating from the registry and shall unless the contrary is proven be-
(a) admissible in evidence by all Courts and persons; and
(b) deemed without further proof to have been duly sealed and issued by or under the direction of the Registrar.

Cases in which Registration is Permitted.

7. Any person, who has power to assign or is entitled in law or equity to any land, may apply to be registered as the land holder. However, the Registrar shall not register any Power of Attorney relating to transfer of land on which the consent of the Governor has not been endorsed.

Registration of Grants and Sub-Leases of State Land.

8. A grant or sub-lease of State land that exceeds a term of five (5) years shall be delivered by the appropriate Land Officer with a duplicate copy of the grant or sub-lease to the Registrar, who on receipt of evidence of payment of the prescribed fees shall register the grantee or lessee as the holder of the grant or sub-lease.

Refusal of Document for Registration.

9.—(1) Where a document and a true copy of the document are delivered for registration, and after examination by the Registrar -
(a) the document is declared to be void or its registration is prohibited by this Law;

(b) the copy is declared not to be a true copy, or does not comply with any provision made under this Law;

the Registrar shall refuse to register such document and shall endorse in red ink across the document and on its copies, the words “registration refused” and append his signature on it.

(2) On application, the document shall be returned to the person who applied for the registration:

Provided that if the application for the return of the document and the true copy is not made within twelve (12) months from the date on which they were delivered for registration, the Registrar may destroy the document.

(3) Nothing contained in this section shall prevent the re-presentation of a document for registration where it had been earlier refused.

(4) When registration of a document is refused, the fee paid on delivery for registration shall not be refunded and in the event of the document being re-delivered for registration, a new fee becomes payable.

Declaration of Encumbrances.

10. The Registrar may before completing a registration, require that the applicant and any other person appearing to have knowledge of facts to make a statutory declaration in the prescribed manner that all encumbrances and material facts have been disclosed.

Marking of Documents.

11.—(1) Before registering any person as a holder of any land or sub- lesee, the Registrar shall mark all documents given to him that relate to such land or sub-lease in a manner he thinks necessary to prevent the concealment of the registration.

(2) If a copy or duplicate of any such document has been filed in any register for documents, the person in custody of such register shall mark the copy or duplicate in the same manner.

(3) The Registrar shall retain such document presented to him in support of an application for registration as he considers necessary to show the nature of the applicant’s interest.

LAND SURVEY AND GEOGRAPHIC INFORMATION SYSTEM

Land Registry Map.

12.—(I) There shall be a Land Registry map (referred to in this Law as “the map”) showing the boundaries of every parcel of land that is registered and it shall be drawn to a scale that is approved by the Surveyor-General.

(2) The map shall contain the number of sheets and any other information that the Registrar deems necessary.

(3) A document creating any interest in land shall not be registered without a survey plan describing and delineating the particular land.

(4) The parcels of land referred to in this Law as “land parcels” in each block or registration Division shall be numbered consecutively; and the name of the registration Division, the number and letter of the block (if any) and the number of the land parcel shall be sufficient reference to such parcel.

(5) A survey plan in respect of any land parcel may be filed at any time to supplement the information available from the Land registry map.

(6) The filing of such a plan shall be noted in the register.

Power of Registrar to require Survey and Amend Boundaries.

13.—(1) The Registrar may require a survey plan for any land and may after consulting with and obtaining the written permission of any person likely to be affected by the request, alter or replace the map or any part of it as a result of such survey.

(2) There shall be a mutation record form, and no alteration of any boundary shown on the map shall be made except as directed by the Registrar by means of a mutation record, which shall then be filed in the Land Registry.

(3) Where the boundary of a land parcel is altered, its number shall be cancelled and the altered parcel shall be given a new number.

(4) The Registrar may either direct that the part or whole of a new map be prepared or that an obsolete part of a new map be omitted.

Combinations and Sub-Divisions.
14. Subject to the provisions of this or any other Law-

(a) where contiguous parcels of registered land are held by the same person and are subject to the same rights and obligations, the Registrar, if the land holder applies, shall combine the parcels by closing their registers and opening new registers for the combination;
(b) where two contiguous parcels of registered land are held by separate holders but sold to one person, the Registrar shall upon the application of the holder combine the parcels and register the title in the name of the Purchaser;
(c) where the holder of an unencumbered land applies for its division into two or more parcels, the Registrar if satisfied that the land is free from encumbrances and is suitable for such division, shall unless precluded by any law. give effect to the application by -
(i) means of a mutation record;
(ii) closing the existing register;
(Hi) opening new registers in respect of the separate parcels arising out of the division; and
(iv) entering into it all relevant subsisting interests.
Alteration of Contiguous Parcels of Registered Land.
15.—(1) Where the holder of contiguous land parcels desires to alter the boundaries of such land parcels, the Registrar may if he is satisfied that the land holder has received the consent of the Governor or other persons having interest in such land parcels-
(a) cancel the relevant registers relating to such parcels of land by means of a mutation record,; and
(b) prepare a new register in accordance with the scheme of sub-division or alteration of boundaries.
(2) Notwithstanding the provisions of this Law, where any boundary is altered under this Section, the new parcels shall vest in the persons in whose names they are registered.
Severability of Registered Interests.
16.—(1) Where a person has interest in any land parcel registered in his name, and further acquires other interests in other land parcels, the newly acquired interest shall not be merged with the existing interests unless the-
(a) surrender or discharge is registered;
(b) parcels are combined in one title and are contiguous to each other; and
(c) document evidencing the disposition had been obtained.
(2) Interests referred to in subsection (1) of this section apply to -(at the interests of the sub-lessor and sub-lessee;
(b) the interests of the mortgagor and mortgagee; and
(c) the holder of land burdened with an easement, a right or privilege or restrictive covenant of land which allows joinder.
Establishment of the Land Information Management System.
17. There is established in the Lagos State Lands Registry the Land Information Management System (referred to in this law as “LIMS”).
Land Document to be Registered by LIMS.
18. Every land document shall be registered using the LIMS including those documents registered at the land Registry before the commencement of this Law.
Registers to be kept in the LIMS.
19.—(1) For the purpose of registration of documents by the LIMS, the following types of registers relating to information on Land shall be kept in the Land Registry-
(a) day list;
(b) mortgages;
(c) caution; and
(d) any other register prescribed for use by the Registrar.
(2) The registers shall provide information on the subject and files as prescribed by the Registrar in the LIMS.
Certification of Document on the LIMS
(3) All registers kept in the offices of the land Registry before the
commencement of this Law shall form pan of the register to be included in the
LIMS
Contents of Register in the LIMS.
20. Every register mentioned in Section 19 of this Law shall contain the following information-
(a) names and addresses of the parties to the transaction;
(b) description of the property:
(c) location of the property;
(d) survey plan of the property; and
(e) all other information that may be deemed necessary.
Forms
21. The Registrar shall prescribe the forms to be used to access any information in the Registers kept in the LIMS.
Searches.
22.—(I) The Registrar may allow searches to be conducted at all reasonable times in any book, register or file of registration or filed documents in his custody.
(2) A search of information kept in any of the files, documents or registers in the LIMS shall not be conducted unless an application is made to the Registrar in the prescribed form as contained in Form 3 in Schedule 1 to this Law.
(3) To conduct a search on-line, the applicant shall pay the necessary fees before accessing the LIMS by Credit Card, or any form of electronic payment or such other means as may be prescribed by the Registrar.
(4) Subject to subsection (2) of this section, an online search shall not be conducted unless the applicant has completed and submitted the application form in the manner prescribed by this Law.
(5) When a search is concluded, the applicant shall obtain an official report of the search, as is contained in form 4 in Schedule I to this Law.
23.—(I) Any person who intends to obtain a certified true copy (CTC) of any document in the LIMS shall apply to the Registrar by completing the prescribed form contained in Form 5 in Schedule 1 to this Law.
(2) Documents that may be accessed for downloading on application shall be-
(a) in electronic form;
(b) capable of being registered in Law; and
(c) shall have the time and date it takes effect indicated on it.
Admissibility of Document
24. Any document produced electronically from the LI MS in the Land Registry shall be admissible in a Court proceeding if it qualifies as a document for the purposes of admissibility under any relevant Law.
Licence of User Groups.
25.—(1) The Land Registry may issue letters of accreditation to persons with access to log on to the LIMS to conduct searches or download information on the LIMS.
(2) Persons referred to in subsection (1) of this Section shall include, but are not limited to the following-
(a) Law Firms;
(b) Financial Institutions;
(c) Corporate organizations; and
(d) Registered Estate Surveyors and Valuers;
(3) Any user group accredited under this section shall pay the prescribed fee and the subsequent renewal fee.
REGISTRATION OF DOCUMENTS
Power to compel Registration.
26.—(1) Any holder in possession of any registrable document shall register it within sixty (60) days after obtaining the Governor’s consent where applicable. The forms for registration of titled land and land covered by deeds/certificates of occupancy are contained in Forms 1 and 2 in Schedule 1 to this Law.
(2) A sublease under three (3) years does not require registration.
(3) Any succession to land under a Will or on intestacy or insolvency does not require the Governor’s consent but must be registered on production of a certified true copy of the Grant or Letter of Administration.
(4) Where the Registrar is satisfied that a document is registrable, but the person who has the authority to present such document for registration has failed to register it, the Registrar may by notice in writing require such person to present the document for registration.
(5) The Director of Land Services in the State shall register all revocations, acquisitions and excisions made pursuant to the Land Use Act with the Registrar of Titles.
Interest to be conferred by compulsory Registration.
27.—(1) Once a person has been validly registered as the holder of a land parcel, the registration is evidence of holding of that land parcel together with all the rights, privileges and appurtenances, except rights to mineral resources or mineral oils on the land.
(2) The registration of any person as the sub-lessee of any land parcel shall vest the leasehold interest described in the sub-lease together with all rights and appurtenances attached, subject to all agreements, liabilities and incidents of such lease in that person.
(3) For the purpose of this Section, “minerals” and “mineral oils” have the meaning set out in the Petroleum Act and the Minerals Act.
Additional fee for delayed Registration.
28.—(1) The registration fee and any additional fee payable under this Law on issuance of the notice in subsection (4) of Section 26, shall become payable whether or not the document is presented for registration.
(2) Any person who fails to comply within one (1) month after service on him of a notice under this Law commits an offence and is -liable on conviction to a fine of fifty thousand naira (N50,000:00).
(3) Where a sub-lease or mortgage is presented for registration later than six (6) months from the date of consent of such sub-lease or mortgage an additional sum of five hundred naira (N500.00) per month on the registration fee shall be payable.
(4) The application form for registration of title to land shall be in the prescribed manner.
(5) The Form for registration of land covering deeds or certificates of occupancy shall be in the prescribed manner.
Priority of Registered Interests.
29.—(1) Subject to the provisions of this Section, documents creating interests in the register shall irrespective of their dates have priority according to the order in which they were presented for registration.
(2) Documents for registration may be del i vered by hand, post or courier and the document shall be registered on that day if its delivery at the Land Registry is within the hours of registration; otherwise it shall be registered at the commencement of business on the next working day.
(3) Where two or more documents are sent separately by post or courier in respect of the same transaction, they shall be deemed to have been receive at the Land Registry at the time the last document was received.
(4) Where the Registrar is of the opinion that a question of priority or conflict of interest has arisen between any of the documents mentioned in
subsection (3) of this section, he may refuse registration until he has heard and determined the rights of the parties interested in the documents.
(5) A document prepared by the Registrar is deemed to be registered on presentation of an application and shall have the effect of registration.
Effect of Non-Registration.
30. No registrable instrument shall be pleaded or given in evidence in any Court as affecting land in the State unless it has been duly registered.
Change of Holding by Operation of Law.
31. if any registered land or mortgage becomes vested in any of the following-
(a) a trustee by virtue of the Trustee Act, 1893;
(b) any person by virtue of any law for the time being in force by order of court; or
(c) any person by virtue of the exercise of any power capable of overriding the interest of the registered holder that person shall, on application in the prescribed manner, be entitled to be registered as holder of that land or mortgage.
32. Subject to the Governor’s consent, a registered holder of land may dispose of or deal with the land and create any interest or right over it.
Joint Holding.
33.—(1) A holder may transfer the remainder of his interest in land to any other person as joint holder or holders in common.
(2) Where a doubt is raised in any document presented for registration, joint holding shall be presumed to have been intended by the parties unless the contrary is expressed.
Partitioning
34.—(1) Where land is held in common by several persons, the Registrar may, on the receipt of an application from one or more of the holders or a person in whose favour an order for the sale of an undivided share of such land has been made, approve the partition.
(2) The Registrar shall prescribe minimum areas or frontages or consent required by any authority to partition the land mentioned in subsection (1) of this Section, partition the land as agreed by the holders in common, and where there is no agreement, as he may direct.
(3) The partitioning of land shall be completed by closing any relevant register and opening new registers and also by filing the application together with the agreement or the order in the Land Registry.
.
Issue of Land Certificates.
35.—(1) The Registrar shall issue to the registered holder of any land or mortgage a document showing in the prescribed manner all subsisting entries in the register affecting the land or mortgage.
(2) A certificate may at any time be returned to the Registrar, who shall re-issue the certificate or issue a new certificate in lieu of it if so required.
(3) The registered holder of a sub-lease or mortgage over land comprised in grant shall, if required by the Registrar, submit a copy of the sub-lease, mortgage or grant, in a form to be annexed to the certificate.
(4) A receipt for each land certificate shall be signed by the recipient.
(5) A land certificate shall be prima facie evidence of matters contained
in it.
Production of Certificates on Registration of Disposition.
36.—(1) Where any mortgage or disposition is made in respect of any land, the registered holder shall produce the land certificate or title to the Registrar for endorsement of such disposition or mortgage, unless the holder can prove to the satisfaction of the Registrar that the certificate is lost.
(2) Subject to the provision of subsection (i) of this Section, on the registration of every change of holding of any land or mortgage, where the same certificate is re-issued, a note of the disposition or change of holding shall be endorsed on it.
(3) Where there is a foreclosure, a purchaser from the registered holder of a mortgage selling under the power of sale conferred by the mortgage, may be registered as the holder of the land or sub-lease and a new certificate of title to that land or sub-lease may be re-issued without the production of the old certificate of title to the land.
Lost or Destroyed Title Documents.
37.—(1) Where a Certificate of Occupancy is lost or destroyed, the holder may apply to the Registrar for the re-issuance of an extract of the title document.
(2) The holder shall make a statutory declaration under the Oaths Law stating the loss or destruction of the previous title document and publish the fact of the loss of the document in a national newspaper.
(3) If satisfied with such evidence and where no objection is raised within fourteen (14) days of the publication, the Registrar may issue an extract of the title document.
(4) Where a Land Certificate is lost or destroyed, the holder may apply to the Registrar for the issuance of a new Land Certificate on production of an affidavit of loss and a police report.
(5) An advertisement shall also be published three (3) times in the Lagos State Government Official Gazette and where there is no objection raised within fourteen (14) days of the last publication, the Registrar may issue a new Land Certificate.
Costs.
38. All expenses incurred by the Registrar or by any person in connection with any investigation, hearing, or inquiry held by the Registrar for the purpose of this Law, shall be borne and paid for by such persons and in such proportions as the Registrar shall order.
Registration as Evidence of Signatures
39.—(1) Judicial notice shall be taken of the signature of the Registrar and Deputy Registrars, and every document signed either manually or electronically by any of them shall in all proceedings be received as sufficient evidence unless the contrary is proven.
(2) The register in the Land Registry shall be conclusive evidence of entries in the register and any person who requires an extract of any entry as evidence in court may do so with the leave of court.
(3) No leave of court or any other process compelling the production of any part of the register, the Land Registry map, any title document or plan filed in the Land Registry shall be issued, where an extract or other secondary evidence will suffice.
(4) Every copy or extract certified by the Registrar shall in any proceedings be received as prima facie evidence of the original entry of the matter and transactions recorded or registered in the register, the Land Registry map or any title document or plan filed in the Land Registry.
Transactions Subsequent to this Law.
40. Notwithstanding the provisions of any Law to the contrary, any subsequent registered encumbrance affecting land shall be dealt with only in accordance with the provisions of this Law and no interest shall be passed or created until a title document is registered.
SUB-LEASES
Term of Sub-Leases.
41.—(1) Subject to the provisions of this or any other Law, the holder of land may sublet it on such conditions as he deems fit to any person for a fixed term, ar on the happening of an event as may be determined by the parties.
(2) Any -
(a) building or part of it; or
(b) land or part of it,
may be the subject of a sub-lease and such sub-lease shall be registrable.

Registration of Sub-Leases
42. A sub-lease for a term of five (5) years or a sub-lease with an option to renew for a total aggregate of five (5) years or more shall be registrable subject to obtaining the Governor’s consent.
Sub-Lease on Mortgaged Land.
43. Where any land is subject to a mortgage, no sub-lease of such land shall be registered without prior consent in writing of the mortgagee unless the instrument creating the mortgage expressly provides otherwise.
Reversionary Sub-Leases
44.—(1) A sub-lease for a term to commence on a future date shall not exceed twenty-one (21) years from the date of the sub-lease and no person shall be put on notice of such sub-lease until it is registered.
(2) Any document purporting to create a sub-lease to commence on a date more than twenty-one (21) years from and including the date of the document shall be void.
Variation and Extension of Sub-Leases.
45. Except where a registered sub-lease has been forfeited in accordance with the existing law, the agreements and conditions contained in the sublease may be varied, and the terms of any sub-lease may be extended by an agreement executed by the sub-lessor and the sub-lessee for the time being, and registered before the expiration of the current sub-lease.
Substitution of Sub-Leases.
46. Where a sub-lease has been varied in accordance with section 45 of this Law, the Registrar may, if satisfied that the person requesting for the registration is the holder of a prior sub-lease in respect of the same land, cancel the registration of the prior sub-lease and register the new sub-lease subject to any subsisting encumbrances.
Surrender of Sub-Leases.
47.—(1) A sub-lease may be surrendered by a document of surrender in the prescribed form or by writing the word “Surrendered" with the date of surrender, on the original or duplicate or other copy acceptable to the Registrar, and by the execution of the under-lease by the sub-lessor and the sub-lessee.
(2) On presentation of such document duly executed and after payment of the prescribed fee, the registration of the sub-lease shall be cancelled.
(3) No sub-lease which is subject to a mortgage or under-lease shall be surrendered without the consent in writing of the mortgagee or under-lessee as the case may require.
Determination of Sub-Leases.
48.—(1) Where a registered sub-lease has been determined by-
(a) effluxion of time;
(b) the happening of an event upon which the sub-lease is expressed to determine; or
(c) lawful re-entry and recovery of possession,
the sub-lessor shall apply in writing to the Registrar to cancel the registration.
(2) An application under this Section shall be supported by proof of evidence of the happening of the event and of the lawful re-entry as the Registrar may require, and if the Registrar is satisfied, he shall cancel the registration of the sub-lease, and the land shall cease to be subject of the sub-lease.
Effect of Mortgage.
49.—(1) The holder of any land, sub-lease or mortgage under this Law may by a document in the prescribed form create a mortgage to secure the payment of a debt, or the fulfilment of any condition, and the document creating the mortgage may be registered as an encumbrance.
(2) A mortgage that is registered under this Section shall have effect as security only.
Second or Subsequent Mortgage.
50. A mortgagor may create a subsequent mortgage in the same manner as the first mortgage and the same provisions with all necessary changes shall apply, but a sale under any express or implied power in such subsequent mortgage, shall be subject to all prior mortgages.
Consolidation of Mortgage.
51.—(1) On satisfaction that the registered holder of a mortgage has a right to consolidate his mortgage with any other mortgage, the Registrar shall, on the application of the holder, make an entry to that effect against the mortgages.
(2) A right of consolidation shall not become operative until it has been entered against both mortgages.
Mortgage by Companies or Partnerships.
52. Where a mortgage relating to land is created by a company or registered partnership which has its registered office or an established place of business, the Registrar shall, if satisfied that such mortgage is registrable accept it for registration.
Charge.
53. A registered owner may in the manner prescribed by Law, charge the land with the payment at an appointed time of a principal sum of money either with or without interest or as security for any other purpose and with or without a power of sale.
Effect of Charge when Registered.
54. The charge, when registered, confers upon the chargee a charge upon the interest of the chargor as appearing in the register subject to the encumbrances and qualification to which the chargor’s interest is subject, but free from any unregistered interest in the land.

Discharge of a Mortgage.
55.—(1) A discharge, wholly or in part, may be made by a deed of release in the prescribed form and the word “Discharged" may be written or printed on the document creating the mortgage, which after execution by the mortgagee, may be registered.
(2) The discharge shall be completed by the cancellation in the register of the mortgage or a part of the mortgage as the case may be, and by filing the document in the Land Registry.
Power of Attorney.
56.—(1) A person may, under a Power of Attorney authorize another person to act on his behalf in respect of any land or interest in land therein under the provisions of this Law.
(2) Where a Power of Attorney contains authority to deal with any land, sub-lease or mortgage, the donor or the donee shall file the Power of Attorney in the Land Registry.
(3) The donor or any interested person, may notify the Registrar that a Power of Attorney filed under this section has been revoked by the death, bankruptcy or disability of the donor or by the death or disability of the donee; and subject to the production to the Registrar of such evidence as he may require, the Registrar shall note the revocation of the Power of Attorney accordingly and file the notice in the Land Registry.
(4) Nothing in subsection (2) of this section shall apply to an irrevocable Power of Attorney given for valuable consideration.
(5) A Power of Attorney, which has been filed under this section and of which no notice of revocation has been given to the Registrar, shall be deemed to be subsisting; and no disposition in purported exercise of such Power of Attorney shall be defeasible by reason only that the power has been revoked, unless the person for the time being claiming under such disposition had actual notice of such revocation.
(6) Any person who makes a payment or does an act under a Power of Attorney in good faith shall not be liable if at the date of payment or performance of the act, the Power of Attorney had been revoked without the knowledge of the donee.
(7) Any person who fails to comply with the provisions of this Section commits an offence and is liable on summary conviction to a fine of one hundred thousand naira (N100,000.00).
Power of Attorney not Registrable without Governor's Consent
57. The Registrar shall not accept for registration, any irrevocable Power of Attorney on which the Governor’s consent has not been endorsed.
58. Where a court issues a judgment or writ of execution affecting any land, Power to sub-lease or mortgage, the judgement beneficiary or creditor shall forward to the Registrar, a certified copy of same, with particulars of the land, sub-lease or mortgage for registration, and a judgment or writ of execution shall not bind or affect any land, sub-lease or mortgage, except it is registered.
59.—(1) While any judgment or writ of execution continues to be registered Effect of against any land, sub-lease or mortgage, the Registrar shall not accept for judgement registration any document in respect of such land, sub-lease or mortgage that s inconsistent with the judgment or writ of execution.
(2) Failure to register any judgment shall not affect the validity or effect of the judgment.
(3) The registration of any judgment shall not confer on it any effect or validity which it would not have had.
Cancellation of registration of Judgement.
60. Registration of a judgment or writ of execution shall be cancelled in the following circumstances-
(a) at the written request of the judgment creditor or other person in
whose benefit the judgment or writ of execution was issued; or
(b) on proof to the satisfaction of the Registrar that the judgment or writ of execution has been satisfied, or has lapsed in accordance with any law or rules of court for the time being in force.
Sale in Execution Sheriffs and civil Process Law, Cap. S6 2003 LLS
61.—(1) Where under the provisions of the Sheriffs and Civil Process Law, a court has granted a certificate of absolute sale to the person declared to be the purchaser of immovable property which is subject to this Law, the relevant section of that law shall have effect as if they were added after the word “interest” where it secondly occurs, the words “when duly registered under this Law”;
and the said section shall, for the purpose of this subsection only, be deemed to be so amended accordingly.
(2) Subject to obtaining the Governor’s consent -
(a) on receipt of the proceeds of the sale for which a certificate was issued under subsection (1) of this section, the beneficiaries shall forward an application accompanied by the certificate of sale and the necessary fee to the Registrar for registration of the sale; and
(b) the Registrar shall, on receipt of the certificates, registration fee and the payment of stamp duty, if applicable, enter in the register the name of the person described in the certificate as purchaser of the land, sub-lease or mortgage, after which the Registrar shall file the certificate.
.
TRANSFERS

Mode of Transfer.
62.—(1) A holder may transfer his land, sub-lease or mortgage by a deed and the transfer shall be completed by registration of the transferee as holder of the land, sub-lease or mortgage, by filing the document of transfer in the Land Registry.
(2) The transferee of a mortgage may require the person who executed the mortgage, or any person claiming through him, to execute the transfer for the purpose of acknowledging the amount due under the mortgage at the date of execution of the transfer.
Transfer of Part of Land.
63. A part of the land comprised in any title in the register shall not be transferred unless the holder has first sub-divided the land after which new interests shall be registered.
RESTRICTIONS AND RESTRICTIVE COVENANTS
Restrictions.
64.—(1) For the purpose of protecting any unregistered interest in land or mortgage created before or after registration, the registered holder of such land or mortgage, with the consent of the Registrar and every person claiming such interest may require that the Registrar registers a restriction prohibiting the registration of any disposition or change of holding affecting the land or mortgage. However, such prohibition shall be subject to the occurrence of any of the following things as specified in the restriction-
(a) service of notice of the proposed registration on a named person;
(b) giving of consent of a named person to the proposed registration; and
(c) doing of such other thing or things, fulfilling conditions, or the happening of events as may, with the consent of the Registrar, be specified in the restriction.
(2) A restriction may be entered on any document affected and where registration of the restriction is required by the holder of the land or mortgage, the Registrar may refuse to register the restriction unless such document is presented in order that the restriction is entered.
(3) The Registrar may enter a restriction on any document and any restriction, disposition or change of holding affecting the land or mortgage shall not be registered except-
(a) by order of the Registrar or;
(b) until the requirements of the restriction are fulfilled.
Rights of the Holder
65.—(I) The rights of the holder shall not be lost except in accordance with the provisions of this Law, but such rights are subject to any encumbrance, conditions or restrictions shown on the register or such other liabilities, rights or interests that may not require notification in the register under this Law.
(2) Any holder who acquires an interest in land, sub-lease or mortgage shall hold same subject to-
(a) interests prior to the transfer;
(b) the provisions of any law relating to bankruptcy; and
(c) the winding up provisions of the Companies and Allied Matters Act.
Overriding interest
66. Unless the contrary is expressed in the relevant register, all registered land shall be subject to the following overriding interests -
(a) right of way, right of water and any other right subsisting at the time of registration under this Law;
(b) right of use, entry, search, compulsory acquisition;
(c) revocation and resumption conferred by any other law;
(d) agreements for sub-leases for any term less than five years where there is actual occupation under the sub-lease;
(e) any tax or rate for the time being declared by law to be a charge on land or buildings erected on the land;
(f) rights acquired or in the process of being acquired by virtue of any enactment relating to the limitation of actions or by prescription; and
(g) the rights of every person in possession or actual occupation of the land to which he may legally be entitled by virtue of such possession or occupation, except where inquiry is made of such person and the rights are not disclosed.
Restrictive Covenants.
67.—(1) A holder entitled to the benefit of a restrictive covenant (not being a covenant made between a sub-lessor and sub-lessee) may apply to the Registrar to enter notice of the benefit in the register; and the Registrar shall enter the notice accordingly by reference to the document containing the covenant and shall file the document in the Land Registry.
(2) Unless it is noted in the register against the title to the land intended to be burdened, a restrictive covenant shall not be binding on the holder of such land or any subsequent person acquiring the land.
(3) The fact that a restrictive covenant is noted in the register shall not operate to validate any defect in such covenant; and accordingly, any of such restrictive covenant if defective, shall have no effect.
Release of Restrictive Covenants.
68.—(1) When the Registrar receives a duly executed release of restrictive covenant in the prescribed form, any restrictive covenant registered shall be cancelled and cease to have effect.
(2) The Registrar may effect cancellation in subsection (1) of this Section on proof by the applicant that-
(a) the period of time for which it was intended to subsist has expired;
(b) the event on which it was intended to determine has occurred; or
(c) it has been abandoned.
(3) A court may, on the application by any person interested in the land affected by a restrictive covenant, order it to be stopped or modified in whole or in part of a restrictive covenant after the applicant has paid to persons who would suffer loss by such an application if it is satisfied that -
(a) by reason of changes in the character of the property or of the neighbourhood, the restrictive covenant is deemed obsolete;
(b) the continued existence of the restrictive covenant would impede the reasonable use of the land for public or private purposes;
(c) it would not be beneficial to other persons;
(d) unless modifications are made, it would impede the use of the land; or
(e) it would not adversely affect other persons entitled to the benefit of the restrictive covenant.
Caveats and Cautions on Registrable Documents Generally.
69.—(1) A person having or claiming an interest in unregistered land that entitles the person to object to any disposition of the land being made without the person’s consent may apply to the Registrar for the registration of a caution to the effect that the cautioner is entitled to notice of any application for registration in respect of the land.
(2) Subject to subsection (1) of this section, once a caveat or caution has been lodged in the register, no disposition of the land, sub-lease or mortgage shall be made except to the extent the caveat or caution permits.
(3) Where a caveat or caution is subsisting, no entry affecting any disposition mentioned in subsection (2) of this Section shall be registered without the consent of the caveator or cautioner until the end of fourteen (14) working days after service by the Registrar on the caveator or cautioner of a notice of the proposed registration provided that the Registrar may-
(a) on receiving security to his satisfaction for the indemnification of every person injured by the delay, or;
(b) without receiving security, if he considers that the caveator’s or cautioner’s claim can be established and that the delay in answering the notice is due to circumstances beyond the caveator’s or cautioner’s control, postpone the proposed registration for a further period.
(4) A caveat shall set out briefly the right or interest claimed by the person lodging and-
(a) the Registrar may require such person to support the claim by a statutory declaration under the Oaths Law;
(b) if in view of the circumstances of the case he is satisfied that a caveat was lodged to protect monetary advances, he may accept it or;
(c) where he thinks it unnecessary or its purpose can be effected by the registration of a document under this Law he may reject the caveat.
(5) The Registrar shall give notice in writing of any caveat to the holder /hose land, lease or mortgage is affected by it.
(6) Once a caveat is subsisting in the register, anything inconsistent with the terms of the caveat and relating to the land, lease or mortgage affected y it, shall not be registered except with the consent of the caveator, or by order f a court of competent jurisdiction.
(7) If before the end of the period mentioned in subsection (3) of this section, it is shown to the satisfaction of the Registrar that the proposed registration will prejudicially affect the unregistered interest, the Registrar shall, as the justice of the case requires -
(a) refuse or postpone the proposed registration; or
(b) complete it subject to the prior registration,
if in the opinion of the Registrar, it will sufficiently protect the unregistered
interest.
(8) Any person who lodges a caveat or caution on any document for registration, or appears on the register as the holder of any land, sub-lease or mortgage shall, if required, provide to the Registrar in writing, a postal address for service within the State and shall in writing, inform the Registrar of any subsequent change in the address so provided.
(9) The form for the removal or withdrawal of a caution is as contained in Form 7, in Schedule I to this Law.
(10) A cautioner is entitled to notice of proposed registration of land after a caution has been registered in respect of an unregistered land and while the caution is still subsisting registration shall not be made of the land until notice has been served on the cautioner to appear and oppose the registration and until the prescribed time has elapsed after the date of the service of the notice or the cautioner has appeared which ever happens first.
Caveator Entitled to Notice of Proposed Registration of Land.
70. After a caveat has been registered in respect of an unregistered land, and while the caveat is still subsisting, registration shall not be made of the land until notice has been given to the caveator to appear and oppose the registration until the prescribed time has elapsed after the date of service of the notice or caveat has appeared whichever happens first.
Removal of Caveat
71.—(1) A caveat or caution may be removed from the register-
(a) with the consent of the caveator or cautioner or;
(b) by the order of a court or;
(c) by the Registrar subject to Section 69(7) of this Law.
(2) The Registrar may, on the written application of the holder or any other person interested;
(a) serve notice on the caveator or cautioner, warning him that his caveat or caution will be removed at the expiration of the time stated in the notice and;
(b) at the expiration of the time stated, unless the caveator or cautioner objects, the caveat or caution shall lapse and the Registrar may remove the caveat or caution from the register.
(3) if the caveator or cautioner objects to the removal of his caveat or caution, he shall notify the Registrar in writing of his objection within the time specified in the notice and the Registrar shall immediately give the parties an opportunity to be heard, and make such order as to its removal or otherwise, and as to costs as he deems fit.
(4) A restriction having effect as a caveat or caution entered by the Registrar shall be removable only with his consent, or by the order of a court.
(5) Where a caveat or caution has lapsed or been withdrawn under this Section, the Registrar may refuse to accept a further caveat or caution by the same person or anyone acting on his behalf in relation to the same matter as that protected by the previous caveat or caution.
Renewal of Caveat.
72. Every caution or caveat under this Law may be renewed before the date of the expiration of the caveat if need be.
Other Prohibitions on Registration.
73.—(1) A court may in its discretion, on the application of any interested person, prohibit or restrict the disposition of any land, sub-lease or mortgage for the prevention of fraud or improper dealing or for any other sufficient cause and make an order which -
(a) may be registered in the appropriate register; and
(b) shall have effect until it is cancelled.
(2) The Registrar may on the application of any person claiming to be interested or of his own volition, after hearing any person who desires to be heard and making such inquiries as he deems fit, restrict or prohibit dealings in the register for such period and on such conditions as he may direct.
(3) The Registrar may, on the application of any interested person, order a restriction to be entered in the register if it appears to him that there is any limitation or restriction on the power of the holder to deal with the land, sublease or mortgage.
(4) On the entry of a restriction, the Registrar shall give notice of it to the holder affected by the restriction.
(5) Subject to subsection (6) of this section, where there is a subsisting restriction in the register, any registration of the land, sub-lease or mortgage, inconsistent with the terms of the restriction shall only be made on the order of court.
(6) The Registrar may, at any time on the application of any person interested or of his own volition after giving the parties affected by it, an opportunity of being heard, order the removal or variation of any restriction entered by him under this section.
(7) On the application of any holder affected by a restriction under this section, and on notice of it to the Registrar, the court may order the restriction to be removed or varied or make such other order, including an order as to costs, as it deems fit.
FORMS AND EXECUTION OF DOCUMENTS REQUIRED FOR REGISTRATION
Forms of Documents.
74.—(1) Dealings in any land, sub-lease or mortgage shall be effected by deed and such deeds shall be presented for registration in duplicate copies consisting of the original and a true copy.
(2) The Registrar shall require the original and a true copy of any document for registration to be delivered and on completion of the registration, the original shall be returned to the person who submitted it.
(3) A document for which no form is provided shall be in such manner as the Registrar may approve.
(4) The Registrar may allow land included in any number of titles or any number of registered mortgage to be dealt with by the same document.
(5) Every document shall, contain a true statement of the purchase price, loan or other consideration; and shall state how much, if any, of the purchase price, loan or other consideration has been paid or received.
(6) Where monetary consideration is stated in any document, the amount shall be stated in both words and figures.
(7) The form of document to be retained by the Registrar shall be exempted from the payment of stamp duty under the Stamp Duties Law and if the Registrar is satisfied that stamp duty has been paid on every other document, the provisions of the Stamp Duties Law shall be construed accordingly.
(8) Any person who wilfully makes or causes to be made any false statement in any of the particulars of any document for insertion in any register under this Law commits an offence and is liable on conviction to a fine of one hundred thousand naira (N100,000.00) or imprisonment for a term of two (2) years or any other non-custodial punishment.
(9) Any person who wilfully destroys, damages, or causes to be destroyed or damaged, any book, register, filed document or any part of it, or counterfeit or cause to be counterfeited any part of any such book, register or document or any certified copy of it, or extract from it, or shall wilfully insert or cause to be inserted in any such book, register, files, certified copy or extract any false entry, or shall certify any writing to be a copy or extract of any such book, register or file, knowing it or any part of it to be false, or forge or counterfeit the seal of any registry office commits an offence and is liable on conviction to a fine of two hundred and fifty thousand naira (N250,000.00) or imprisonment for a term of seven (7) years or any other non-custodial punishment.
Documents to include Endorsements.
75. For the purpose of registration, a document shall be deemed to include all certificates and other matters endorsed on or attached to it at the time it is delivered for registration.
Execution of Documents.
76.—(1) Every document shall be executed by all parties and shall be deemed to have been executed -
(a) if signed by a natural person;
(b) if sealed with the common seal of a corporation affixed in the presence of and attested to by its clerk, secretary or other permanent officer and by a member of the board of directors, council or other governing body of the corporation;
(c) in the case of a corporation solely, if it is duly signed and the official seal is affixed to it;
(d) in the case of a corporation not required by law to have a common seal, if signed by persons authorized in that behalf by any law or by the statute of the corporation or, in the absence of any express provision, by two or more persons duly appointed for that purpose by the corporation; or
(e) if the document is executed by an attorney, the Power of Attorney shall be proved in such manner as may be required by the provisions of this Law or as the Registrar may direct.
(2) A document executed outside Nigeria shall not be registered unless it is endorsed or has attached to it. a certificate that it has been signed in the presence of a Nigerian or foreign Judge, Magistrate, Justice of the Peace, Notary Public or any Consul.
(3) An instrument executed in Nigeria shall not be registered after the commencement of this Law where a grantor is an illiterate unless it has been executed by such illiterate grantor or grantors in the presence of a Magistrate, Justice of the Peace, Notary Public or Commissioner for Oaths and is attested to by such Magistrate, Justice of the Peace, Notary Public or Commissioner for Oaths as a witness to it.
Documents to be Stamped, Stamp Duties Law, Cap S10 2003 LLS.
77. No document required to be stamped shall, unless otherwise exempted under this Law, be presented for registration or be registered unless it has been duly stamped in accordance with the provisions of the Stamp Duties Law.
Translation of Documents in Foreign Language.
78. Any document delivered to the Registrar which is not in English language shall be accompanied by a translation certified as correct by a person approved by the relevant Embassy or High Commission.
Return or Disposal of Document.
79.—(1) Subject to the provisions of this section, documents registered under this Law shall be retained in the Land Registry for as long as they support current entries in the relevant register.
(2) All documents not required by this Law to be retained by the Registrar may, be returned to the persons who produced them or their successors in title, and the Registrar may direct the destruction of any document which such persons decline to accept.
(3) The Registrar may also direct the destruction of documents which have been in his possession or custody for five (5) years where they have in the opinion of the Registrar become altogether superseded by entries in the register, or have ceased to have any effect.
TRANSMISSIONS, TRUSTS AND FAMILY REPRESENTATION
Transmission on Death.
80.—(1) Subject to the agreement between the parties, where a joint holder of any land, sub-lease or mortgage dies, the Registrar shall delete the name of the deceased holder from the register; and in the case of the death of any of the holders, his legal personal representative or successors in-title shall be entitled to be registered by transmission of the interest of the deceased holder upon application to the Registrar of Title.
(2) If an application is made to delete the name of a deceased joint holder, the applicant shall produce to the Registrar satisfactory evidence of such death.
(3) If the application is made for registration by a person as the holder by transmission, the applicant shall, apply in the prescribed form and produce a certified true copy of probate of the Will or Letter of Administration in respect of the estate of the deceased holder, as the case may be; and the Registrar, if satisfied shall register the applicant in place of the deceased and add the words “as executor” or “as administrator” with such reference to the will or to the 'estate.' The Registrar may, if he thinks necessary, enter a restriction to protect the interests of the beneficiaries.
Effect of Transmission on Death.
81.—{1) Where pursuant to a Will or under intestacy, any land, sub-lease, or mortgage is registered in the name of, or is acquired by the heir, beneficiary, executor or administrator of a deceased holder, the person, registered shall, for the purpose of dealing with the land, sub-lease, or mortgage be deemed to have acquired it for valuable consideration, and the land, sub-lease or mortgage may be dealt with accordingly, but until then, the land, sub-lease or mortgage shall be subject to all registered liabilities, rights, or interests affecting the title of, or created or imposed under the Will of the deceased holder.
(2) The registration of a deed of assent or vesting deed from an executor to a beneficiary shall not be subject to the requirement of Governor’s consent.
Registration by Personal Representatives.
82. When Probate or Letters of Administration are submitted to the Registrar, he may without requiring registration of the executor or administrator by transmission, register any -
(a) transfer by the executor or administrator of a Will or by way of distribution under intestacy or in pursuance of an agreement between the persons entitled or of a contract entered into by the holder in his lifetime;
(b) discharge of a mortgage of which the deceased person was the holder; or
(c) surrender of a sub-lease of which the deceased person was the holder.
Application for Registration on Death of Holder.
83.—(1) If the executor or administrator of a deceased holder fails or neglects to transfer any land, sub-lease, or mortgage to the persons entitled to it, or if such land, sub-lease or mortgage for any reason is not registered in the name of the person entitled to it, the person or any judgement creditor of such person, or any person claiming an interest in the land, sub-lease or mortgage may, at any time, on or before the expiration of one year from the date of the grant of probate or Letters of Administration, apply to the Registrar for registration by transmission of land, sub-lease or mortgage in the name of the person entitled to it upon application to the Registrar of Title.
(2) If an application is made to the Registrar under this section, he may, if satisfied that the executor or administrator had notice of the application and that the estate has been fully administered, allow the application and register the person entitled to it.
(3) Any executor or administrator who fails to comply with the provisions of subsection (1) of this Section commits of an offence and on conviction liable to a fine of one hundred thousand naira (N100,000.00).
Effect of Transmission on Bankruptcy.
84.—(1) A trustee in bankruptcy shall be registered as holder of any land, sub-lease or mortgage, in place of the bankrupt or bankrupt deceased person, the entry to be made in the register shall describe the trustee in bankruptcy as trustee of the property of (name of holder). A bankrupt, on application to the Registrar in the prescribed form, accompanied by a certified copy of the order of court adjudging a holder bankrupt, or directing that the estate of a deceased holder be administered according to the law of bankruptcy.
(2) The provisions of this Law shall apply to any trustee in bankruptcy as they apply to persons set out in it, but the doctrine of relation back shall have effect according to the laws of bankruptcy or the terms of the order of the court and not according to this Law.
Effect of Notice of Liquidation.
85.—(I) Where the holder of any land, sub-lease or mortgage is a company in Receivership and the Liquidator produces to the Registrar a certified copy of the resolution or order appointing him liquidator, together with an application in the prescribed form to have notice of the appointment entered in the appropriate register, the Registrar shall, enter notice accordingly on being satisfied that there is no contrary order of court; and when so entered, the liquidator shall have the powers of disposition conferred on him by such resolution or order or by any law' in respect of such land, sub-lease or mortgage.
(2) Failure on the part of the liquidator to notify the Registrar as prescribed in subsection (1) of this Section, within three (3) months will attract a tine of one million naira (N1,000,000.00) and any earlier registered dealing in the land before the registration of the notice of the appointment of liquidator, being for value takes precedence without notice.
(3) Any person who becomes a beneficiary of such a disposition shall obtain the Governor’s consent.
Registration of Expropriation.
86.—(I) Where the State or a person is entitled to a registered land under the provisions of any Law, Order or Writ of Execution, the Registrar shall, on the receipt of notice of it in such form as he may require, register the State or such person as the holder of the land.
(2) Where any person fails to register as the holder of a land, sub-lease or mortgage, the principle of first in time is first in law shall apply.
Trust not to be entered on Register.
87.—(1) Any person who acquires any land, sub-lease or mortgage in a fiduciary capacity may be described by reference to that capacity in the document of acquisition and be registered with the addition of the words “as trustee”; but particulars of any such trust shall not be entered in the register, and the fact that a person is registered as trustee shall require any person to inquire into particulars of the trust.
(2) Where the holder of land, sub-lease or mortgage is a trustee, he shall hold the same subject to any unregistered liabilities, rights or interests to which the land, sub-lease or mortgage is liable by virtue of the document creating the Trust; but for the purpose of registration of any dealings, he shall be deemed to be the absolute holder of it and the breach of a trust shall create no right to indemnity under this Law.
Restriction on Actions of a Trustee.
88. If two or more holders are entitled to be or are registered jointly as administrators or executors of a deceased person or otherwise as trustees, and the survivor of such holders would not be entitled to exercise alone the powers vested in them, the Registrar shall, on request in writing enter a restriction to that effect in the appropriate register.
Appointment of Family Representatives.
89.—(1) Where the name of a family has been registered in respect of any land, but no family representative has been appointed, the family shall-
(a) hold a family meeting for the purpose of appointing not more than ten (10) persons to represent the family; and
(b) forward an application in writing to the Registrar accompanied by the list of names of the persons appointed.
(2) Subject to subsection (1) of this Section, the Registrar shall enter the names in the register after twenty-one (21) days following the publication of a notice of the appointment in a national newspaper.
(3) Where a member of the family objects to the appointment of any of the representatives, the objecting member shall apply in writing to the Registrar within twenty-one (21) days following the publication requesting that the Registrar shall not enter the names in the register.
(4) Upon receipt of the application referred to in subsection (3) of this Section, the Registrar shall not enter the names of the representatives in the register until he receives a written retraction of the objection or an order of court directing him to enter the names in the register.
(5) If the registration of a disposition or transmission would result in the entry of more than ten (10) persons-in the register as holders of any land, sublease or mortgage, the Registrar shall refuse the application unless partition is sought or the family appoints representatives in the manner prescribed by this Law.
Removal and Replacement of a Family Representative.
90.—(1) The Registrar shall delete the name of a family representative from the register once he is furnished with proof of the death of the family representative.
(2) The Registrar may on the application of any member of the family and after giving the remaining family representatives an opportunity of being heard, delete from the register, the name of any family representative if he is satisfied that such family representative is by reason of mental or physical incapacity, absence or imprisonment, unable to act.
(3) If a family representative notifies the Registrar in writing that he no longer wishes to act as a family representative, the Registrar shall after due investigation delete his name from the register and notify the remaining family representatives of that fact.
(4) Subject to the provisions of Section 88 of this Law, on the application in writing by a member of the family, the Registrar may amend the register by
inserting additional names to the list of family representatives where it consists of less than ten (10) members.

(5) The court may at any time, on the application of a member of the family, order the name of any family representative to be added or deleted from the register, and the Registrar shall on receipt of a certified copy of the order, add or delete the name.
(6) Notwithstanding the addition or deletion from the register of the name of any family representative, where two or more family representatives remain on the register, they shall have all the powers of family representatives appointed under this Law, but nothing in this subsection shall be construed as prohibiting a person duly appointed as a sole representative from exercising the powers of family representatives under this Law.
Effect of Registration of Family Representatives.
91.—(1) Subject to any caveat or restriction, entered in the register, the family representatives shall, when registered, have the exclusive right of dealing with the family land, or with any sub-lease or mortgage.
(2) Nothing in this Law shall relieve any person registered as the family representative from any duty, customary or otherwise, to consult other members of the family, and a person so registered shall be bound to exercise the powers vested in him by this Law on behalf of and for the collective interest of the family; but any person dealing with him in good faith and for valuable consideration shall not be obliged to inquire whether the family representative has complied with this subsection, and any such failure by the family representative shall not confer any right to indemnity under this Law.
Disposition by Family Representatives.
92. A disposition of family land shall not be valid if it is executed by a number of family representatives less than those appearing in the register.
Persons under Disability and Registered Land.
93.—(1) The name of a person under the age of eighteen (18) years may appear in the register as a transferee minor where the property devolves on the minor by succession or on transmission; but shall not be construed to authorize or permit any dealing with the land or any interest in land by such person during his minority.
(2) If to the knowledge of the Registrar, a minor is registered as in subsection (1) of this Section, the Registrar shall enter a restriction accordingly.
Persons under Disability and Others Acting as Agents.
94.—(1) Except as provided in this section, a document executed by a person acting as an agent for any other person shall not be accepted by the Registrar, unless the person signing has been authorized in that behalf by a power of attorney duly executed and filed in the Land Registry, and the document is accompanied, where necessary, by a declaration of non-revocation of the power of attorney.
(2) If a document is executed on behalf of a person by his attorney, the original, or with the consent of the Registrar, an authenticated copy of the Power of Attorney, shall be filed in the Land Registry.
(3) Where a minor, a person of unsound mind or a person with any other disability makes an application, does any act, or has been party to any proceeding under this Law. the guardian of such person, or, if there is no such guardian, then a person appointed in accordance with the provisions of any law to represent such a person, may make an application to do such act, and be party to any proceeding on behalf of the person and shall generally represent the person for the purpose of this Law.
(4) A document purported to be signed on behalf of a person under disability shall not be accepted for registration unless the Registrar is satisfied that the person claiming to be the guardian is so entitled; and where he is not satisfied, the Registrar may require production of sufficient evidence of the appointment of the person to act on behalf of the person under disability.
Representation of Infants and Lunatics by Guardian or Committee.
95.—(I) Where an infant or person of unsound mind is entitled to make an application, give any consent, do any act, or be a party to any proceeding in relation to any land or mortgage under the provisions of this Law, the guardian or committee of the estate respectively of such person may make such applications, give such consents, do such acts, and be party to such- proceedings, as such persons respectively, if free from disability, might have made, given, done, or been party to, and shall otherwise represent such persons.
(2) Where there is no guardian or committee of the estate of such persons referred to in subsection (1) of this Section, or where any person is incapable of managing his affairs, it shall be lawful for the court to appoint a guardian for such a person for the purpose of any proceedings under this Law, and change such guardian if need be.
(3) Where the interest of any person being an infant, idiot or lunatic or under any other disability in any registered land or mortgage cannot otherwise be bound, the court may on the application of the Registrar or any person interested, make such order in the matter as it deems just, and declare that the interest of any such person shall be bound by the order either absolutely or with such exceptions and subject to such conditions as may be specified by the court.
RECTIFICATION OF THE REGISTER
Alterations of Sub-Lease or Mortgage.
96. The Registrar may, with the consent of all persons appearing in the register to be affected, alter the terms of a registered sub-lease, mortgage, or other document accordingly.
Amendment to Register.
97. Upon application of the registered owner or owner of a registered interest in the registered owner’s title or a notice, caution, inhibition or restriction in the title that is registered under the provisions of this Law, the Registrar may amend any entry in the register of the title to reflect the effect of other statutes, orders of courts, a change in the name of owner or other changes that may have occurred in fact.
Corrections of Errors in Register.
98. The Registrar may, with the consent of all persons appearing in the register as interested in a land, mortgage or sub-lease, correct any error or omission in the register.
Rectification of the Register.
99.—(1) The register may be rectified subject to an order of the court or by the Registrar, subject to an appeal to the court, in any of the following cases -
(a) where the court has decided that a person is entitled to an interest in any registered land or mortgage;
(b) where the court makes an order for the rectification of the register;
(c) at any time with the consent of all persons interested;
(d) if the court or the Registrar is satisfied that an entry in the register has been obtained by fraud;
(e) where two or more persons are mistakenly registered as holders of the same registered land or of the same mortgage;
(f) 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
(g) 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.
(2) The register may be rectified under this section, notwithstanding that the rectification may affect any land, rights, mortgage or interests acquired or protected by registration, or by any entry on the register, or otherwise.
(3) The register shall not be rectified, except for the purpose of giving effect to an overriding interest, so as to affect the title of the holder in possession unless -
(a) such holder is a party or privy or has caused or substantially contributed by his act, neglect or default to the fraud, mistake or omission in consequence of which such rectification is sought;
(b) the immediate disposition to him was void, or the disposition to any person through whom he claims otherwise than for valuable consideration was void; and
(c) for any other reason, in any particular case, it is considered that it would be unjust not to rectify the register.
(4) The Registrar shall obey the order of the court in relation to any registered land on being served with the order.
(5) On every rectification of the register, the land certificate and any mortgage certificate which may be affected shall be produced to the Registrar.
(6) An entry in the register shall not be cancelled or amended so as to adversely affect an interest acquired for consideration by the holder who is in possession, unless such holder is a party or privy to the omission, fraud or mistake in consequence of which cancellation or amendment is sought, or caused such omission, fraud or mistake or substantially contributed to it by his act, neglect or default.
Extinction of Registered Title Under Limitation Law.
100. Where the court is satisfied that the title of the registered holder of any land or mortgage has been extinguished under the Limitation Law. the Court may order the register to be rectified accordingly, and the person aggrieved by such a rectification shall not receive any compensation.
Survey.
101. The Registrar shall not register any assignment or sub-lease unless the land has been surveyed to the satisfaction of the office of the Surveyor-General.
MISCELLANEOUS PROVISIONS
Evidence of Title.
102. Subject to any contrary stipulation on the sale of a registered land, a purchaser shall not require any evidence of title except -
(a) the evidence is obtained from an inspection of the register or of a certified copy of an extract from the register;
(b) a statutory declaration as to the existence or otherwise of estates declared by this Law to be unencumbered; and
(c) evidence of holding to be produced for any registered encumbrances or estates registered as encumbrances.
Power of Chief Judge to make Rules.
103. The Chief Judge of the State may make rules prescribing the procedure to be adopted in the conduct of -
(a) proceedings before the Registrar; and
(b) appeals from decisions of the Registrar.







Power of Registrar to Refer Question to Court.
104.—(1) The Registrar may apply to the Court for the determination of any question of doubt or difficulty of Law or fact, arising in connection with his duties under this Law.
(2) A reference in this Law to an appeal to the Court includes an application to the Court under this Section.
Enforcement of Orders of the Registrar
105. If any person fails to comply with an order of the Registrar, the Registrar may refer the matter to the High Court for compliance.
Appeals to Court.
106.—(1) If any question arises as regards the performance of any duty or the exercise of any function conferred on the Registrar by this Law, he may state a case for the opinion of the High Court.
(2) Every person aggrieved by - decision of the Registrar on any matter which he is by this Law authorized to decide, including a matter in his discretion, may within one (1) month from the date of the decision, give notice to the Registrar in the prescribed form of his intention to appeal to the Court against such decision or order.
(3) On receipt of a notice of appeal, the Registrar shall prepare and send a brief statement of the question in issue to the Court, the appellant and any other person appearing in the register to be affected by the appeal.
(4) On the hearing of the appeal, the appellant, the Registrar and any other person who. in the opinion of the Court is affected by the appeal, may, subject to any rules of the court, appear and be heard in person or by a Legal Practitioner.
(5) The court may make such order on the appeal as the circumstances may require and that order shall be obeyed by the Registrar.
(6) The cost of the appeal shall be at the discretion of the court.
Effect of Appeal on Registered Dealing.
107.—(1) An appeal to the Court shall not affect any dealing for value registered before delivery of notice of the appeal to the Registrar.
(2) A notice that an appeal to the Court is pending shall be registered
against the entry in the register affected by the appeal.
(3) This Section shall apply to an appeal from an order of the Court to the Court of Appeal in the same manner as it applies to an appeal to the Court.
Registers Deemed to be in Legal Custody and Admissible in Evidence.
108. All registers and files of registered documents at the Registry shall be deemed to be in legal custody, admissible in evidence in any Court and every Registrar shall produce or cause to be produced any register or file of registered documents in his office or Certified True Copy of same, on subpoena or order of any court without payment for so doing unless the court directs otherwise.
Copies of Entries in Registers.
109.—(1) The Registrar shall upon request, give a certified true copy of any entry in any book, register, or of any filed document.
(2) Every such certified copy shall be received in evidence without any further or other proof in all civil cases.
Production of Documents.
110.—(1) Where a person who applies for anything to be done under this Law, or any person opposing such application, is in possession of any document of title or, the right to the production of any such documents are in the possession or custody of any other person, the Registrar may, after giving both parties and such other person an opportunity of being heard, order such documents to be produced and delivered to him at such time and place and on such terms as the Registrar thinks fit.
(2) The Registrar may at any time order the production and delivery of any document of title to him for the purpose of noting any entry in the register or when the holder of the certificate has ceased to be the registered holder.
Notice of Unregistered Interest
111.—A registered holder of any land or mortgage, being a purchaser for value, is not -
(a) affected by an express or implied notice of any unregistered interest, affecting the interest of any previous registered holder: or
(b) required to inquire whether the terms of any caution or restriction have been complied with, where they relate to a time prior to his registration as holder of such land or mortgage.
Adverse Possession and Prescription.
112.—(1) The Holding of land may be acquired by uninterrupted adverse possession -
(a) against the State after a period of twenty (20) years; and
(b) In any other case after a period of twelve (12) years.
(2) Arty person claiming to have acquired land by virtue of the provisions of subsection (f) of this Section shall, after having advertised or given notice in such manner as the Registrar may require, apply to the court for an order directing him to be registered as the holder of such land.
(3) Where it is shown that a person has been in possession of land or has received rent or profit from it at a certain date and such person is still in possession of such receipt, it shall be presumed that he has from that date, been in continuous possession or receipt of it until the contrary is shown.
(4) Possession of land or receipt of the rents or profits from it by any person through whom a claimant to the right derives title shall be deemed to have been in possession or receipt of the rents or profits by the claimants.
(5) Where from the relationship of the parties or any other special cause, it appears that the person in possession of land is or was in possession on behalf of another, his possession shall be deemed to be or to have been the possession of that other.
(6) If a person, whose possession of land is subject to conditions imposed by or on behalf of the holder, continues in such possession after the expiration of the term during which such conditions subsist without fulfilment or compliance with them by such person and without any exercise by the holder of the right to the land, such subsequent possession shall be deemed to be uninterrupted adverse possession, available for the purpose of this Law, and in the application of this subsection-
(a) a tenancy-at-will shall be deemed to have been determined at the expiration of a period of one year from its commencement unless it has previously been determined; and
(b) a tenancy/rom year to year or other period shall be deemed to have been determined at the expiration of the first year or other period:
Provided that where any rent is subsequently paid in respect of the
tenancy, it shall be deemed to have been determined at the expiration of
the period for which the rent was paid.
(7) Where at any time during the period prescribed by this section, the true holder is under any legal disability, the period of such disability shall not .count unless a court on application made by the claimant or the holder or any other person interested, otherwise directs, and the court shall have power to hear and dispose of the case by motion on notice.
113.—(1) The fees payable under this Law shall be as contained in Schedule
2 to this Law and may be modified by the Commissioner by Regulation.
(2) Where the appropriate fee has been paid in the case of the registration of a sub-lease or of any transfer of land on the occasion of a sale, the value of the land shall be determined by the Director of Land Services or any person appointed for that purpose.
(3) Where in other cases the amount of a fee depends on the value of any property or on the amount of a mortgage or consideration, the value shall be ascertained or the amount of the mortgage or consideration verified in such manner as may be prescribed.
(4) The Registrar may refuse to proceed with any matter until the appropriate fee has been paid.
(5) All fees paid under the provisions of this Law shall not be refundable.
Service of Notices
114. Any notice required to be served under this Law shall be served by any of the following methods-
(a) delivery to the postal address entered in the register;
(b) leaving the notice at the postal address;
(c) delivery of the notice to a post office box number entered in the register as an additional address for service;
(d) electronic means to the address entered in the register as an additional address for service; and
(e) personal service.
TRANSITIONAL PROVISIONS
Hearings and Opportunity of being Heard.
115.—(1) Where a thing may be done after a hearing or after giving a person an opportunity of being heard before the Registrar, it shall be sufficient for the purpose of this Law if the person concerned-
(a) attends in person or is represented by a legal practitioner or other agent, and is heard or states that he does not desire to be heard; or
(b) has received notice of the place and time that he will be heard on the matter, not less than seven (7) days after service, fails to attend the hearing.
(2) Notwithstanding the provisions of subsection (1) of this Section, the Registrar may, whether or not the person concerned attends or after notice has been given fails to attend, adjourn the hearing from time to time; and the person may be heard at any subsequent meeting.
(3) Where under this Law, persons named on the register or any document in the possession of the Registrar are interested or affected, they shall be given an opportunity of being heard, it shall be sufficient if all persons who, according to any subsisting entry in the register or by such document are given such an opportunity.
(4) Every person entitled to a hearing with the Registrar, every applicant for anything to be done under this Law and anyone opposing any application may be represented by a legal practitioner or with the consent of the Registrar, by any other agent.


(d) fraudulently removes from the Land Registry any part of a register or any document filed in the Land Registry or causes any defacement, obliteration, mutilation or unauthorized entry or alteration to be made; or
(e) fails without reasonable excuse to comply with the requirements of the Registrar in the exercise of any general power conferred by the provisions of this Law;
commits an offence and is liable on conviction to a fine of not less than two hundred and fifty thousand naira (N250,000.00) or to imprisonment for a term of three (3) years or both or to any non-custodial sentence.
(2) Any person who fails without lawful excuse to comply with any order or direction of any officer under the provisions of this Law commits an offence and is liable on conviction to a fine of not less than one hundred thousand naira (N100,000.00) or to imprisonment for a term of six (6) months or both or to any other non-custodial sentence.
(3) Any person who after delivery to him of a summons issued under this Law, wilfully neglects or refuses to attend in pursuance of such summons or fails to produce within two (2) months any map, plan, or other document which he is required to produce for the purposes of this Law or to answer upon oath or otherwise any question which may be lawfully put to him by the Registrar or any other officer commits an offence and is liable on conviction to a fine of not less than fifty thousand naira (N50,000:00).
(4) Any person who gives false information in any document submitted for registration under this Law commits an offence and is liable on conviction to a fine of two hundred and fifty thousand naira (N250,000:00) and the court may direct that the document, if registered, be removed from the register.
Power to make Regulations.
120. The Commissioner may make Regulations in respect of any other matter incidental to carrying into effect the purpose of this Law in accordance with the Regulation Approval Law.
Savings.
121. Subject to the provisions of this Law, any reference made to any title under the provisions of the Registered Land Law Cap R1 Laws of Lagos State 2003; Registration of titles Law and Registration of Titles (Appeals) Rules Cap R4 Laws of Lagos State 2003; Land Instruments Registration Law Cap L58 Laws of Lagos State 2003, and the Electronic Documents Management System Law 2007 shall be applicable under this Law.
122. Registered Land Law Cap. R1 Laws of Lagos State 2003; Registration of Repeals. Titles Law and Registration of Titles (Appeals) Rules Cap. R4 Laws of Lagos
State 2003; Land Instruments Registration Law Cap. L58 Laws of Lagos State 2003; and the Electronic Documents Managements System Law 2007 are
123. This Law may be cited as the Lagos State Lands Registration Law and shall come into force on the 21st day of January, 2015.

SCHEDULE I
FORM NO. 1                                           SECTION 26 (1)
APPLICATION FORM FOR REGISTRATION OF TITLED LAND
District.................
Titles No...............
Address of property   
Assignee’s name.
Residential Address   
E-mail/Website address.,
Assignor’s name.
Residential address   
Type of Registration   
Document submitted by.       
Office address..... Date of submission.           

Receiving Officer
(Official stamp & date)


FORM NO. 2                                   SECTION 26 (1)
APPLICATION FORM FOR REGISTRATION OF LAND COVERED BY DEEDS/ CERTIFICATES OF OCCUPANCY

District......................................................................................
Registered instrument no........................................................
Address of property.................................................................
Assignee’s name......................................................................
Residential Address..................................................................
E-mail/Website address......... .................................................
Assignor’s name.......................................................................
Residential address................................................................
E-mail/Website address...........................................................
Type of Registration.................................................................
Document submitted by....................................................................
Office address..........................................................................
Date of submission,
Receiving Officer
(Official stamp & date)

No comments:

Post a comment