These are the various ways that land titles can be transferred from one owner to the other in Nigeria. Proof of acts of ownership extending over a sufficient length of time, numerous and positive enough as to warrant the inference that the persons exercising such acts are the true owners of the land. Yorubas will normally use these titles to prove their affluence and mettle in the society He gained social media attention in January 2021 when he gave an ultimatum to Fulani herdsmen in Ibarapa to vacate the land after the killing of Dr. Aborode and enforced the same. 1) Application in the prescribed Form 1C (Lagos) obtainable at Land Registry signed by both Assignor and Assignee/letter of application in other parts of the country. Involuntarily, land title can be transferred when the owner of the title dies or could not maintain possession of the title. Proof of Ownership of Land: In the absence of any other better title to the land, your registered title is proof of ownership of the land and makes the land marketable in your favour. The purpose which the land will be used for, v. Accessibility of such land i.e proximity to access road, vi. After paying the purchase price of the piece of land and signing relevant paper documents with the seller/vendor, it is mandatory by law that you secure your title to the land through the process of registration undertaken at the Land Registry. Mortgage 4. For an Indigenous community to have its Aboriginal title to a particular area of land recognized, the Supreme Court ruled in the Delgamuukw case (1997) that it must demonstrate: occupation of the land in question prior to sovereignty, a continuity between present and pre-sovereignty occupation (if present occupation is Sep 25, 2018. Effects of failure to stamp include. It is not so in the case of trespass to land which is based or predicated on exclusive possession. After the Governor's consent has been obtained, the purchaser must proceed to pay stamp duties fee. Learning how to prove ownership of land is a vital skill in Nigeria. Buying a house in Nigeria goes beyond physical inspection and making payments, the buyer must ensure that the seller has the legal right to transfer ownership in that property to him to avoid unnecessary disputes, this brings us to the importance of asking for the necessary documents, which are very essential as they are evidence to show that the seller has a good title and as such can validly . In Lagos State, the following documents are [] The price of the land, vii. PROOF OF TITLE TO LAND: Ways of proving title/ownership of land; and whether a plaintiff can turn around to rely on acts of ownership and possession to prove his title to land where his evidence of traditional history fails Okoye Chukwudi J Jul 02nd, 2020. font size decrease font size increase font size; This type of ownership is known as adverse possession. The effect of any statutory provision which limits the time within which an action may be brought by an owner of land to recover possession of that land is to give a certain status to a person who has had possession for the requisite period. The Act entrusts all land in urban area of each state, to the State Governor, while land in rural area is vested in the Local government within their area of jurisdiction (this excludes . The Supreme Court in the case of ELEGUSHI V OSENI (2005) 14 NWLR (PT 945) AT 348 aptly stated the five ways of establishing title to land title /ownership in Nigeria and they are as follows 1. Non-registration renders the documents inadmissible in evidence to prove your title. v. Certificate of Occupancy: this is one of the most important land title documents that is used to certify the legal ownership status of any land in Nigeria irrespective of its usage. (b) There is a clear dichotomy or cleavage in our property law between the claim of declaration of title and that of trespass to land. Regulatory compliance and due diligence procedure for real estate transactions. 2. These are: Traditional evidence. Purchase receipt: this is the evidence of due payment of the purchase of the land and it is usually required when registering the land. Certificate Of Occupancy . The price of the land, vii. Lex Artifex LLP., provides a wide range of timely and cost-efficient integrated legal solutions to its clients both internationally and in Nigeria.The firm's practice areas include corporate and commercial law, regulatory compliance, due diligence, real estate, joint ventures, mergers & acquisitions, investment advisory, taxation, company secretarial services, debt recovery, shipping . ceo/editor-in-chief. 4) Evidence of payment of Development fee. After the Governor's consent has been obtained, the purchaser must proceed to pay stamp duties fee. With respect to the second issue, the Supreme Court held that since the Appellants' claim . 1. Land disputes are prevalent across Nigeria. "Perfection" of title to land entails the (1) Stamping, (2) Registration and (3) Obtaining the consent of the Governor over the land so acquired. There are five ways of proving title to land. The purpose which the land will be used for, v. Accessibility of such land i.e proximity to access road, vi. . You can send us a mail at ibejulekkilawyer@gmail.com with a full description of your property to get a free land assessment. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 1 - Investigation of Title to Land: Generally before you engage in any land purchase, you need proof of ownership from the vendor, to ensure that he is the rightful owner of the said property and that he has can actually assign title to you as a purchaser. In Awodi v Ajagbe (2015) 3NWLR, Pt 1447, Pg 578 at 613, paras B-E, the Supreme Court held that in a claim of title to land based on traditional history, the Claimant has to plead and prove each of the following: 1. Deed of Assignment or Power of Attorney. Some of these methods include the followings: 1. Proof of acts of ownership extending over a sufficient length of time, numerous and positive enough as to warrant the inference that the persons exercising such acts are the true owners of the land. prince o.williams-joel.llb (hons) bl. These five methods are namely: (a) Evidence of traditional history of title (b) By production of title documents (c) By acts of ownership (d) By acts of possession long enough to warrant the person in possession as the owner. Land titles are documents that prove an entity's ownership of land. The person who founded the land and exercised acts of possession. 2. It involves selling the house or land for an actual fee. Effects of failure to stamp include. Land Registration in Nigeria: How to perfect title instruments to land in Nigeria: The land registration process and procedure in Nigeria. In Awodi v Ajagbe (2015) 3NWLR, Pt 1447, Pg 578 at 613, paras B-E, the Supreme Court held that in a claim of title to land based on traditional history, the Claimant has to plead and prove each of the following: 1. This landed property is already framed and fenced and you can rent it for as low as N1,300/sqft You can call our agents on 08068865009 or 09131037223 for inspection. Title to Land and the use of land in Nigeria is governed by the Land Use Act (Cap. In the case of declaration of title, the plaintiff must prove ownership of the land. These instances mentioned above are ways of proving title to land and they are the only recognized ways before the Nigeria courts. It is a common saying that "possession is nine tenth of ownership". By proof of possession of connected or adjacent land in circumstances which make it probable that the owner of such adjacent or connected land is probably the owner of the land in dispute. 2) Covering Letter addressed to the Commissioner of Lands and Housing. A solicitor will help you secure title to your land and process the perfection of the land instruments when you provide the following documents: Vendor's/grantor's title document. 4. Under the Land Use Act, it is the consent of the Governor that confers validity to the act of alienation of any interest in the land. To avoid this, one of the first questions you should ask before you buy land is the title on the land, you should also understand the key title documents that prove ownership of a property. It is a document that proves that land or property has been gifted from one person (Donor) to another (Donee). Four approved survey plans. Four copies of the Instrument of transfer of title e.g. Aside Internet fraud, land transaction is a common tool in the hands of fraudsters. Four approved survey plans. Maybe you have a property that you have not perfected the title, pick up your phone now and call Ibeju Lekki Lawyer on 08034869295. Stamping of documents must be done within 30 days of its execution. So, buying real estate in Nigeria is a delicate process that requires the services of an experienced real estate . The Supreme Court in the case of ELEGUSHI V OSENI (2005) 14 NWLR (PT 945) AT 348 aptly stated the five ways of establishing title to land title /ownership in Nigeria and they are as follows 1. The soil type, iii. Vendor's/grantor's title document 2. No matter the amount you have saved in your bank account, always take the time to research the other fees that are usually associated with buying a land and they come in these form. . There are five ways of proving title to land. We have a 14,350Sqft land available at the Lekki Free Trade Zone. "Make haste while the sun set" "A stitch in time saves nine". It can be very difficult to prove ownership and execute a . Ideally, the person or organization who possesses the title to land owns that land. A solicitor will help you secure title to your land and process the perfection of the land instruments when you provide the following documents: 1. A Mortgage of property or land is a transfer or conveyance by way of security. How to Perfect Your Land Title? These are: Traditional evidence. There are however many factors one needs to consider before buying a land in Nigeria these ranges from i. 3) Evidence of Tax clearance for three years for both parties. Deed of Assignment or Power of Attorney 3. These five methods are namely: (a) Evidence of traditional history of title (b) By production of title documents (c) By acts of ownership (d) By acts of possession long enough to warrant the person in possession as the owner. The Supreme Court concluded that the Appellants failed to establish the identity and boundaries of the land to which they claim a declaration of title, and the evidence adduced before the trial court did not ground a declaration of title in their favour. There are several methods by which land can be transferred in Nigeria. Stamping of documents must be done within 30 days of its execution.
