LANDS REGISTRATION LAWS OF LAGOS STATE

Question 1

What laws did Land Registration Law of Lagos state repeal?

Answer 1

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

Question 2

What happened to the titles granted under the repealed laws?

Answer 2

It will still remain VALID.
S121 LRL

Question 3

Who heads the Lands Registry?

Answer 3

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

Located at IKEJA

Question 4

Who heads the Lands Registry Divisions?

Answer 4

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

Question 5

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

Answer 5

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.

Question 6

What is the meaning of registration under the LRL?

Answer 6

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

Question 7

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

Answer 7

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

Question 8

Effect of non registration of registrable documents in Lagos?

Answer 8

1. It shall not be pleaded.
2. It shall not be tendered as evidence in court.
   section 30
   REMEMBER BENJAMIN V KALIO, ADETUTU V ABDULLAHI

Question 9

DOCUMENTS TO BE KEPT AND MAINTAINED IN THE LANDS REGISTRY?

Answer 9

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

Question 10

What is LIMS?

Answer 10

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.

Question 11

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

Answer 11

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

Question 12

what are the contents of the register under LIMS?

Answer 12

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.

Question 13

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

Answer 13

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

Question 14

Contents of an electronic search report?

Answer 14

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

Question 15

DIFFERENCES BETWEEN LRL AND LIRL???

Answer 15

1. Under LRL, a person is not affected by unregistered interest in land, under LIRS, he is deemed to have constructive notice .
2. LIRS 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.

Question 16

When should a deed be registered?

Answer 16

60 days after receiving governor’s consent.

Question 17

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

Answer 17

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.

Question 18

Examples of mandatory registration in Land?

Answer 18

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

Question 19

Who cannot be compelled to register a land?

Answer 19

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

Question 20

PROCEDURE FOR REGISTRATION OF DOCUMENTS UNDER LRL?

Answer 20

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

Question 21

When can a registrar refuse to register a registrable document?

Answer 21

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.

Question 22

What is caution in land matters?

Answer 22

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.