LANDS REGISTRATION LAWS OF LAGOS STATE Flashcards

1
Q

What laws did Land Registration Law of Lagos state repeal?

A

-Registration of Title Laws(RTL)
-Land Instrument Registration of Lagos state(LIRL)
-Electronic Management System Law(EMS)
-Registration of Titles (Appeal) Rules

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2
Q

What happened to the titles granted under the repealed laws?

A

It will still remain VALID.
S121 LRL

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3
Q

Who heads the Lands Registry?

A

It is headed by Registrar of Titles.
A Legal Practitioner with not less than 10 years post call.

Located at IKEJA

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4
Q

Who heads the Lands Registry Divisions?

A

Deputy Registrar
A Legal Practitioner with not less than 8 years post call

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5
Q

What is the purpose of the Lands Registration Laws of Lagos State?

A
  1. Seeks to bring all the laws under one uniform system.
  2. To generate revenue for the state
  3. To solve the dichotomy between the previously existing laws-RTL and LIRS
  4. To harmonize the system of registration of titles and the systems of registration of land instruments and transactions in Lagos State.
  5. To repeal certain legislations and avoid duplicity.
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6
Q

What is the meaning of registration under the LRL?

A
  1. Registration of documents affecting Land;
  2. Registration of holders of land;
  3. Registration of titles to land
  4. Registration of dealings/transactions in land i.e mortgages, lease
  5. Registration of land
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7
Q

What is a condition precedent for registration of documents in Lagos?

A

Must be accompanied by a SURVEY PLAN
SEC 12(3)

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8
Q

DOCUMENTS TO BE KEPT AND MAINTAINED IN THE LANDS REGISTRY?

A
  1. Registration of transactions
  2. Land registry map
  3. Parcel files
  4. Day List
  5. Mutation Record
  6. Nominal index
  7. Register of Power of Attorney
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9
Q

What is LIMS?

A

Land Instrument Management System
It is simply an online platform where all form of registration required by LRL can be done.

• Every land document in Lagos State must be registered using the LIMS procedure.

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10
Q

What are the registers to be kept in the registry for purpose of registration?

A
  1. Day List;
  2. Register of Mortgages;
  3. Register of Caution; and
  4. Any other Register as the Registrar may prescribe.
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11
Q

what are the contents of the register under LIMS?

A
  1. Names & addresses of the parties
  2. Description of the property
  3. the location of the property
  4. the survey plan of the property, and
  5. any other document the Registrar may prescribe.
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12
Q

PERSONS THAT MAY BE ACCREDITED TO CONDUCT A SEARCH IN LAGOS UNDER LIMS?

A
  1. Law Firms
  2. Financial institutions
  3. Corporate Organisations
  4. Registered Estate Surveyors & Valuers
  5. Any other group or organisation so accredited by the Registrar of Title

Requirement for accreditation is payment of prescribed fees

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13
Q

Contents of an electronic search report?

A
  1. Document searched.
  2. Date of search
  3. Description of property
  4. Grantor
  5. Granted
  6. Term
  7. Area of land
  8. History of Land
  9. Subsequent Transaction/Encumbrance
  10. Remarks
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14
Q

DIFFERENCES BETWEEN LRLS(Land registration law of lagos state) AND LIRL???

A
  1. Under LRL, a person is not affected by unregistered interest in land, under LIRS, he is deemed to have constructive notice .
  2. LIRL relates to strictly registration of documents while LRL is more encompassing and it relates to transfer of interest, register of docs and lots more.
  3. Under LRL, revocation of registered POA must be registered.
  4. Under LRL, forms are used for registration while under LIRS, contracts, memorandums, POA are used for registration
  5. An application under LRL must be completed within 24 hours, this was not applicable in the LIRS.
  6. Consent of Governor for Irrevocable POA under LRL, but not required under the LIRL
  7. Absence of registrar’s power to compel registration under the LIRL, The registrar now has a power to compel registration within one month.
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15
Q

When should a deed be registered?

A

60 days after receiving governor’s consent.

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16
Q

What are documents or interest in land that must be compulsory registered?

A
  1. A lease or sub lease above 3 years
  2. All Power of Attorney
  3. Any succession to land under will or intestacy
  4. Any revocations, acquisition and excision
  5. Registration of CAUTION/ CAVEAT of land
  6. Every transfer of land, sublease or mortgage by Deed.
17
Q

Examples of mandatory registration in Land?

A
  1. Any grant or sublease of State land that exceeds five (5) years.
  2. An Irrevocable POA given for valuable consideration. Governor’s consent must be obtained before registration.
  3. Any Sub-lease of 3 years, and above
18
Q

Who cannot be compelled to register a land?

A
  1. An original landholder. These are landowners in rural areas
  2. A Revocable Power of Attorney
  3. Mortgage, sublease, letter of administration, or probate
19
Q

PROCEDURE FOR REGISTRATION OF DOCUMENTS UNDER LRL?

A
  1. Application is made in the prescribed form. Original and duplicate of the documents are submitted.
  2. Payment of registration fees
  3. Survey plan must be attached
  4. Application is assessed by the Registrar
  5. Original copy is returned to the Applicant.
  6. A document for registration must state the consideration, and the part of it that has been paid.
  7. After assessment, if the Registrar decides to register, every document registered will be sealed and marked, & that’s evidence of registration
    8.Upon completion, the landholder will be issued a Land Certificate, and the certificate will be prima facie evidence of registration
20
Q

When can a registrar refuse to register a registrable document?

A

1.Irrevocable POA where the governor’s consent has not been gotten
2. Documents that registration is prohibited under law
3. Documents that have not complied with the provisions of the law i.e paying the required fees & survey plan
4. Documents that requires consent but consent has not been gotten.
5. Document that is required by law to be stamped, which has not been stamped
6. Docs that have not been duly registered.

21
Q

What is caution in land matters?

A

The caution protects the interests of a party in unregistered land by ensuring that no dealings with the land can occur without their knowledge.
Registrar’s notice is usually given to the person within 14 days, if there is no response, the Registrar is legally allowed to move forward with the registration or disposition of the land, effectively overriding the cautioner’s interest.

22
Q

effect of registration?

A
  1. Notice
  2. Admissibility
  3. Priority
  4. The instrument becomes a public document