FREQUENTLY ASKED QUESTIONS

FREQUENTLY ASKED QUESTIONS?

DIRECTORATE OF LAND SERVICES

Question 1:

How do I go about processing Governor’s consent on Land in the State?

Answer:

You can process consent on land in Lagos State through an application with the following documents attached:

1. Duly completed Land Form 1^c (Sworn to)
2. Certified True Copy (CTC) of root of title
3. Deed/Instruments of transfer (3Nos.) with chartable survey plans annexed
4. Passport photographs (4Nos.) (Assignee only)
5. Certificate of incorporation/Registration: Companies/Registered bodies (assignee only)
6. Site photograph with date & time
7. Site location sketch
8. Receipts for charting and endorsement (N10,500)
9. Applicant’s/Agents means of identification
10. Covering letter with functional telephone line(s) and e-mail address(es)

 

 

 

 

 

Question 2:

How long does it take to process Governor’s Consent?

Answer:

Depending on the type of land that is private or state land (State leases). But usually, consent processing takes about 30 days from date of payment. We are working assiduously to reduce the number of days all the same, provided all documents are complete.

Question 3:

Can I make a deposit for Consent applications?

Answer:

With the available rates, it is possible to make a deposit, given the location and Fair Market Value published in Lagos State of Nigeria Official Gazette No. 10 Vol. 48 of 5^th February, 2015.

Question 4:

I bought a parcel of land from Mr. XYZ who has no registered title on the land, except a copy of gazette from ABC Chieftaincy Family. Can I still process consent on my land?

 

Answer:

This falls under our double consent policy. Once the requirement for Governor’s consent is met, in addition applicant would be required to submit a copy of the unregistered deed of assignment before the application processed.

Question 5:

Can I submit my application without 3 original copies of deed of assignment/sublease?

Answer:

Yes, provided you have one original, two certified copies and a sworn declaration to that effect

 

 

 

Question 6:

Why do I need to provide evidence of survey plan lodgment?

Answer:

To expedite action at the office of the State Surveyor-General

Question 7:

Why must I attach passport photographs to application for consent?

Answer:

To make your title more secured and to be able to detect application for consent by underage applicants. This is in line with section 7 of the Land Use Act of 1978. It is also for the purpose of identification and transparency.

Question 8:

I cannot get the mortgagor to sign at the bottom page of the deed o legal mortgage, what do I do?

 

Answer:

In such instances the mortgagee can sign the pages of the deeds.

Question 9:

In the event of death of a title holder, what additional documents do I need to submit for Governor’s consent?

 

Answer:

Letter of Administration describing the property concerned which clearly state names of assignors as Administrators, to the State of the deceased.

Question 10:

As someone living abroad, is it possible to perfect my title on-line?

Answer:

Not at the moment, but work is in progress for prospective applicants to enjoy the e-processing platform.

Question 11:

My land was charted and it falls within Government acquisition, what do I do?

Answer:

If the land is not committed, you will be referred to Directorate of Land Regularization for further processing.

 

Question 12:

Does the Bureau carry out site inspection for Governor’s Consent?

Answer:

The Bureau relies on information provided by the applicants. However, for commercial; industrial and specialized properties, there will be need to carry out an inspection.

Question 13:

What programme in the Bureau support mass Housing development in the state?

Answer:

There is a program called PSDP formerly Private Developers Scheme. PSDP is a program targeted at making land available to members of the public for layout and allocating to subscribers for mass housing projects. The documents to be attached to applications are:

1. Application form (Duly completed and sworn to)
2. Certificate of incorporation/Registration

• Receipts for payment of non-refundable processing fee

1. Tax Clearance Certificate (for company’s 2 Directors)
2. Architectural design for proposed project
3. Evidence of involvement in similar project

Question 14:

Where in the state can I secure land under PSDP?

Answer:

Presently we have land available at Aiyeteju, Idera and Iberekodo Schemes in Ibeju Lekki.

 

 

Question 15:

What is the statutory fee per hectare?

Answer:

Both goes for N30 million per hectare

Question 16:

How long does it take to process my title on PSDP?

Answer:

30-45 days from date of payment of land charges.

Question 17:

I have a parcel of land with a title from the vendor. On investigative charting, I was informed that the attached survey plan in the title has defects. What can I do in this particular instance?

Answer:

You can rectify the defective survey plan under title Rectification exercise in the Directorate of Land Services with the following documents attached:

• Application letter
• Deeds of rectification (3Nos.)
• Sun print copy of survey plan (3Nos)
• Newspaper publication (half page) in a widely circulated newspaper for rectification of name
• Sworn Affidavit with passport photograph
• Payment receipt for endorsement fee of 10,500
• Certified true copy of title document

Question 18:

What is the mode of assessment for Applications for rectification?

 

Answer:

Aggregate charge is 1.5% broken down as follows:

• Rectification fee @ 0.75%
• Stamp duty @ 0.375%
• Registration @ 0.375%

 

 

Question 19:

What is the time frame to obtain rectification of title?

Answer:

30 days from the date of payment of statutory fees.

 

Question 20:

Does the commissioner endorse applications for rectification of title?

Answer:

No. All matters relating to Rectification on Private Lands is concluded in the Bureau. Except Deed of rectification on state lands which is endorsed by the Governor.

Question 21:

As a resident in Lagos State, our family land was taken over by the state for public project. What are the options open to us?

Answer:

Two options are open. First, you can get compensation for unexhausted improvements on the land, if any. Second, alternatively you can get land in lieu of monetary compensation.

Question 22:

How do I advise my community/Villagers to process excision on land in Lagos state?

Answer:

Through an application with the following attached documents:

• Application letter on the village letter head from the intending village/community
• Original perimeter Survey Plan of the village/community
• Brief History of the village
• Name of the Baale and Oba under which the village is
• Population size
• Occupation of the inhabitant
• Size of the land required
• Current tax clearance of at least 3 members of the community
• Locational sketch
• Size of previous excision if any

Question 23:

Can I be compensated for my land which was taken over by the state about 45 years ago?

Answer:

Yes, provided there is an ongoing inconclusive application and in line with the provision of decree No. 33 0f 1976. Otherwise, if there was no request, it becomes statute barred after 10 years.

 

DIRECTORATE OF LAND REGULARISATION

MOST FREQUENTLY ASKED QUESTIONS BY APPLICANTS ON REGULARISATION OF TITLE AND LIKELY RESPONSE

S/N	QUESTION	RESPONSE
1	What are the requirements for regularisation?	The requirements for regularisation are as follows: 1.     A covering letter by the applicant, agent or person filling theapplication for Regularisation must accompany the Application Form, and the letter must contain the following contact details: ·        Current Address; ·        Telephone Number , and where possible an e-mail Address; 2.     A duly completed application form made on (Land Regularisation Form 1) obtainable from the Lands Bureau. Application forms for Residential User costs N5,000.00 while Forms for Commercial User cost N10,000.00. The Form must be dated and signed by the Applicant and sworn to before a magistrate or notary public; 3.     4nos. white background coloured passport photographs of  5 x 5cm size with applicant’s name clearly written at the back of the Passport Photograph; 4.     Current Land Information Certificate from Surveyor-General; 5.     Photocopy of Land Purchase Receipt with Stamp Duty; 6.     N100 Current Special Development Levy; 7.     Current Tax Clearance Certificate or Electronic Tax Clearance Certificate; 8.     Site Location Sketch. 3nos. Original Survey Plans (2 Cloths and 1 Paper); and 9.     Site Photograph with date.
2	How long does it take to complete the process of regularisation?	30 (thirty) days from date of payment of all charges.
3	What are you doing to reduce the processing time for regularisation?	The office has put the following policies in place to reduce the processing time:        i.            Compression of our workflow from 25 stages to 9 stages;      ii.            Inspection can now be conducted on the day of submission of application;   iii.            The drafting of C of O can continue without applicant collecting letter of regularisation once payment has been made and confirmed by the Account Department;   iv.            Processing of application continues after payment has been confirmed without compelling applicant to clear tax liability but the tax must be cleared before collection of Certificate of Occupancy.
4	Why do you always reject or ask applicant to re-survey their site?	There are two reasons for these: 1.     If the subject site is encroaching on physical feature like water bodies, powerline, road setback and oil pipeline. 2.     If the linear and angular bearing on the survey plan and the observed value picked by the Land Regularisation Surveyor is beyond the acceptable error margin of +- 10 metres.
5	Why do you visit site repeatedly?	Sites are re-inspected when charting report and site inspection reports are contradictory, i.e when charting report described site as swampy and site inspection report described it as dry and firm in this circumstance site re-inpection is necessary.
6	Why is inspection difficult to book?	Site inspection is very easy to book at the Directorate of Land Regularisation, what we do is to call applicant on phone to come for inspection, we have further improved by conducting inspection on the day of submission and registration of application subject to readiness of applicant.
7	Why do you send application for clearance with other MDAs when you said you are operating a ‘‘ONE-STOP-SHOP’’?	There are some government Agencies that are not represented in the Land Regularisation Directorate and any application that require their attention will definitely be sent to them for their input, some of these Agencies are Waterfront, Drainage Department of the Ministry of the Environment, Urban Renewal Agency. The application that goes for clearance in these Agencies are few.
8	How and why does file got missing in your office?	Actually file do not get missing, it can only be misplaced or misdipped. More often, files are misplaced due to pressure from applicant especially when they want to circumvent the normal process.
9	How do you solve the problems of unfound missing files?	There are nothing like missing files, what can only happen is for the file to be misplaced. More often than none, misplaced files are usually found
10	I have received assessment for two properties directly beside each other and the assessment are different with wide margin, why does this have to happen?	Generally speaking no two properties standing side by side can command the same value. However, the assessment for all land related Agencies has been harmonized and gazetted. It is actually based on fair market value. What land Regularisation charge is 25% of fair market value of the premium. The two properties in question may be differ in size (Land area).
11	I have an application and I have paid the land charges since 1998 and I did not process to conclusion, now, I want to continue the processing, do I have to pay the current assessment?	No you do not need to pay any additional assessment but the condition is that the old payment receipt must be full payment and confirmed by the Account Department.
12	I have an assessment that have been collected six months ago, what do I need to do if I want to pay now since the 90 days grace for payment has lapsed.	What you need to do is to request for the re-validation of the assessment in writing. If the assessment has not been reviewed you pay the old rate and if it has been reviewed you pay the current rate.
13	Is it mandatory to collect inspection fee? Some officers do insist on inspection fee before going to site	No applicant is mandatory to pay any fee to any officer for the purpose of inspection and for any other reason.
14	Why are applications rejected after inspection? Is it not possible to know areas that are regularisable or not with land Information Certificate?	The processes and procedure for regularisation is very technical. It is almost impossible to take a decision in respect of application for regularisation without physical site inspection. It is after this process that the decision to process further or to reject can be taken. You also need to be informed that through regularisation process a root of title is just being created hence, the need to be very careful. This kind of vital decision cannot be taken with the content of land information certificate.
15	Do you have a complaints unit?	Yes, there is a complaint unit in the Directorate.
16	Why do you stop accepting charting information in Lekki corridor?	Charting Information is not part of the requirements for regularisation. What is required is a Land Information Certificate which clearly indicates the status of land and states whether it is a committed acquisition or otherwise.

 

LANDS REGISTRY

FREQUENTLY ASKED QUESTIONS

Question 1:

  Will you accept an application for registration without a root of title:

 

Answer:

(a) If root of title cannot be presented, the original owner has to be

       contacted.

(b) Additional Asset will be applied for at the Probate Registry.

(c) A letter of confirmation of sale to be presented by the Assignee.

(d) Where original cannot be found and the owner can be contacted, the                              owner may declare the title lost and apply for a Deed of Extract or the current Assignee can apply if the owner cannot be contacted with the required proof that may be require by the Registrar of Titles.

 (a)  In case I cannot  present the root of title for any reason whatsoever

(b) I cannot present letter of Administration where applicable and cannot             locate the original owner or the Assignor (s)

 (c)  If only a portion or part of the land or property is bought by me or my client or the present Assignee.

 (d) If I cannot find the original root of title and can only lay my hand on the photocopy or the counterpart.          

 

Question 2:

 When and how will penalty for late registration apply to registration of titles and how is such penalty calculated?

 Answer:

Penalty for late registration will apply one year after consent in case of registration and in case of leases and mortgage, six months after registration.

 

Question 3:

What is the difference between Deed of Accent and Vesting Deeds?

Answer:

Accent is LA with Will and Vesting Deed is LA without Will.

 

Question 4:

 Can Vesting Deed or Deed of Accent be used to transfer a property to another person not named in the Will or in the Letter of Administration?

 

Answer:

Neither the Deed of Accent nor Deed of Vesting be used to transfer property       

 to another or to another third party not named in the Will or LA.

 

Question 5:

 Can a property or land not stated in the Letter of Administration with or

 without Will be accepted for registration in a Vesting Deed or Deed of Accent.

 

 Answer:

Property or land not stated in a Letter of Administration whether with or without Will cannot be accepted in processing the registration relating to that land or property. The Applicant must then apply to the Probate Registry to have the property listed if it is by omission or mistake, otherwise, an additional Asset will be declared for the property to be listed. 

 

Question 6:

Can Letters of Administration of other States be accepted for registration of

Vesting Deed or Deed of Accent?

Answer:

Letter of Administration of other State cannot be accepted for registration of Vesting Deeds unless same has been resealed.

 

Question 7:

What type of instruments is registrable?

Answer:

Types of Registrable Instruments:

1. Certificate of Occupancy (under the new regime, only Regularized areas are issued the paper Certificate of Occupancy, the Electronic

                  C of O now apply to State Lands).

1. Deemed Grant

• Deed of Assignment

1. Deed of Legal Mortgage
2. Vesting Deed/Deed of Accent
3. Up stamping of Legal Mortgage, Consolidations and subsequent

Mortgages

• Judgement relating only to Land as provided for in the Law
• Deed of Rectification or Variations

1. Deed of Release of Legal Mortgage (this may be partial Release or total Release of the mortgaged title)
2. Deed of Extract to lost or destroyed titles
3. Trust Deed (these are rarely done but they are Registrable instrument)

• Caution and restriction are Registrable instruments under the title areas
• Memorandum of Understanding
• Power of Attorney relating to land

1. Agreements, e.g. Contract agreements

• Leases, Subleases and subsequent Subleases
• Deed of Partitions, Combinations and Subdivisions
• Rights of ways and other Easements (Restrictive, overriding interests, etc)
• Substitutions under Mortgage (e.g. where mortgages are bought over by other Banks or Financial Institutions)

1. Supplemental Deeds

• Deed of Gift
• Any other documents that the Registrar deems fit to register under the relevant law.

 

 

Question 8:

What is the meaning of Original Deeds within the meaning of the documents that may be presented for registration?

Answer:

Original Deeds is document or Deeds signed by the Executors of the documents, not scanned signature, not photocopied signature. All documents presented must be signed and executed in one uniform process. 

 Question 9:

Will Deeds for mortgage or Assignment or any other documents for registration with –

           (a) Wrong sequence

           (b) Photocopied or scanned signatures be accepted for registration.

Answer:

Documents must be arranged sequentially and also, photocopies or scanned signatures in a document cannot be accepted for registration

Question 10:

 Are there any conditions or criteria required for registrability of Documents?

Answer:

Documents must be original and must qualify as a registrable instrument before it can be registered e.g. consent of the Governor is a prerequisite, payment of the prescribed fee and any other process that may be prescribed by Law or the policy the State Government governing registration of document in that regard.

 

Question 11:

 Can unstamped Deeds be accepted for registration?

 

 Answer:

Stamping or what is called Stamp Duty is a prerequisite to registration of title documents.  Even the Stamp Duty Act provides for stamping of title instruments.

 

Question 12: 

 What is an Upstamping of documents, what are the required processes or

  Documents for Upstamping and does upstamping requires consent?

 Answer:

Upstamping is a mortgage term.  This means the mortgage is still subsisting on the property.  Only the facility advanced by the Bank is increased and same will be stamped in the difference of the facility or overdraft advanced.  The particulars of registration remain the same particulars of the initial mortgage.  The mortgage is still subsisting, so it does not require consent.

 

Question 13:

What are Supplemental Deeds on Mortgages, Leases and Assignments?

Answer:

Supplemental as the word implies means the new Deed whether mortgage or Lease; are additional to the previous or subsisting Lease or Mortgage. It may be used to extend a Lease or mortgage or provide further information that may be missing or omitted in a previous lease or mortgage.

 

Question 14:

 

What part of a title documents can be rectified?

 

Answer:

Any part of a title can be rectified as long as the rectification does not go to the root of the title.

 

Question 15:

 Must a survey plan always be attached to a title documents for  registration?

 Answer:

A survey plan must be attached to a title before registration and the details must be quoted in the Deed.  If it is a government survey, same must be stated in the Deed with the reference of the registered title of the government allocation.

 

Question 16:

      What is the effect of registration of title documents?

 

Answer:

Registration gives validity to a title and makes it tenable in a Court of law.

 

 

Question 17:

What are the events that may result in cancellation of title from the Title Register?

 Answer:

Cancellation may happen in the event of            

 

1. Fraud
2. Where all parties have agreed that a fraud has been used in obtaining registration.
3. Where the parties have proved fraud in the court and the court so orders

 

1. Agreement between all the parties involved.
2. Court Orders (whether in a civil or criminal matter)
3. The Registrar of Title is of the opinion that such cancellation must be done.

 

Question 18:

 Is all judgement registrable whether or not it relates to land?

 

 Answer:

Judgement relating to land is registrable, the judgement must be from a court of records and must relate to land.  The judgement when presented for registration must have the root of title attached to it or where a survey is the root of title, such survey must have been pleaded in court and the original of the survey so pleaded must be attached.

 

 

Question 19:

How judgement registered or what is the rules governing registration of Court Judgement?

Answer:

Same answer as above.

 

Question 20:

 Under what circumstances will the Lands Registry withhold an  instruments from being registered?

 

Answer:

The Lands Registry will not register any title that does not correspond with           what is in the Registry’s records.  Where the Lands Registry have reasons to believe that such title document presented is totally different from what is in the Registry’s records, the Registry has the power to impound the title document until the contrary is proved.

Question 21:

 Is Memorandum of Loss the same as Deed of Extract? What are the documents required for processing the Deed of Extract?

Answer:

See Section 37.  Memo of Loss predates Deed of Extract with the passing of the new Law. Memo of Loss and Deed of Extract are the same process and the documents required are outline thus – All documents must state the particulars of the title.

• Application letter
• Prepared Deed of Extract
• Affidavit of facts in support of Loss or destroyed document with passport picture of the Applicants attached.
• Police Report
• Newspaper publication
• Identification of the Applicant
• A (where applicable)
• CTC of the Lost or destroyed title.

 

 

Question 22:

 Why are files delayed in Registry?

 

Answer:

Files may be delayed where the Applicants are yet to present the root of                      title for registration.

 

Question 23:

 Why the increase in price of extract and Caution?

 

Answer:

The increase in the price for the placement of caution and issuance of Deed of Extract is to prevent frivolous applications in both cases.

 

Question 24:

       What are the reasons for missing Volumes at the Land Registry?

 

 Answer:

There are no incidences of missing Volumes; the problem is mis-dipping of those Volumes.  As at now this is being attended to.

 

 

Question 25:

Why so many queries on files at the Registry?

 

Answer:

It is the duties of Applicants presenting titles for registration to do all the needful and ensure that proper documents are presented for registration to avoid queries being issued on their documents.

 

Question 26:

What measures are you putting in place to fast track the process?

 

Answer:

The Lands Registry have streamed lined some of the process by merging some units together in order to compress the procedure.  This will be done continuously and other checks are being considered.

 

Question 27:

 How long does it take from inception to register a document in view of your 30 days Consent promise?

Answer:

All things being equal within five (5) working days.

 

 

LAND USE AND ALLOCATION COMMITTEE

FREQUENTLY ASKED QUESTION

QUESTION 1 :    

 What are the documents needed to process Certificate of Occupancy on Government Schemes?

 

ANSWER:      

The documents required for processing C of O on government scheme are as follows:

1. Complete Application & Vital Information Forms duly filled with evidence of Oaths
2. Payment Receipts on the allotted land

• NTDA Confirmation Letter (for prime schemes)

1. Evidence of Tax payment
2. 4 Coloured Passport Photographs  5 by 5cm white background
3. Development Levy

• E-Survey (To be provided by the Surveyor General’s Office)

 QUESTION 2:  Why is the rate on prime schemes so high?

 

ANSWER:       

The rate may be considered high because the entire Neighborhood Socio- economic infrastructure has been fully developed and highly improved which

 has a multiplier effect on the real property value in the vicinity. These Infrastructures includes Road Network, Security, electricity, drainage channels etc.

 

QUESTION 3:        

How can I take physical possession of my land at Igbogbo Scheme?

 ANSWER:     

The Scheme has been grossly encroached by land grabbers otherwise known as Omo  Oniles and the State Government is addressing lingering problems on the Scheme. A Special Task Force on land grabbers has been established to tackle such incident and allottees are encouraged to write a petition to the Special Task Force. The address of the Special Task Force is “The Chairman, Special Task Force on Land Grabbers Menace, Ministry of Justice, The Secretariat, Alausa –Ikeja”.

 

QUESTION 4:   

When can allottee take physical possession of their land?

ANSWER:    

Government wants all the allottees to take physical possession of their land immediately after issuance of Certificate of Occupancy to enhance development.

 

QUESTION 5:   

How can I forfeit my Allocation?

 

ANSWER:    

When Allottees do not make any payment or incomplete payment within the period as stated in the letter of Allocation.  On issue of incomplete payment on allotte can ask for refund by writing a letter and addressed it to the Permanent Secretary, Lands Bureau with those copies of receipt of payment. Please note that the period within to make payment on government allocation has changed to 60 (sixty) days.

 

QUESTION 6:     

My plot of Land has been encroached and I need to take possession of my Land?  

 

 

ANSWER:       

The government is seriously brainstorming on the issue of encroachment on government schemes on the way forward. The Task Force on Land Grabbers at Ministry of Justice is also assisting allottes on the possession of their land.

 

QUESTION 7:      

What is Lands Bureau doing on e-Survey?

ANSWER:        

E-survey production is the sole responsibility of  Surveyor General’s Office.

 

QUESTION 8:  What are the requirements for Deemed Grant?

 

  ANSWER:         

1. Deed must be signed by both parties

 

1. Assignee is to sign on the foot of each page of the Deed.

 

• Pages of Deed must be numbered and bind

 

1. There should be no abbreviation of names, if the                                      name of assignee is abbreviated on the survey plan, a sworn affidavit will be required.

 

1. Particulars of the subject site on survey plan must be correct and written out in full in the consideration clause i.e survey plan number, name of surveyor, beacon number, size of land and date must tally with  that on  attached survey and the one attached to Land information Certificate.

 

1. Introductory clause should have position of the respective family members assigning written against their names.

 

• Clear survey plan should be attached to each copy of the Deed

 

• Endorsement page should not be isolated from the rest of the Deed (it should not stand alone)

 

1. The signature on the Deed and all other supporting documents should be regular

 

1. Where any of the signatory is an illiterate, illiterate clause should be included and executed with the name of the interpreter stated.

 

QUESTION 9:          

How long does it take e C of O to be ready on Government schemes?

 Answer:            

Once all the requirements have been met together with e-survey, it will be ready within 0ne (1) months.

 

 QUESTION 10:         

What are the criteria for assessment for Deemed Grant?  

 Answer:             

These are based on:

1. size of the plot
2. The location of the site

• The approved rate applicable for each area has been determined by the State Government based on market rates in the Neighborhood of location of the property.

 

QUESTION 11:           

Why do we need to wait for 21 days after publication for private C of O ?

 

Answer:          

1. To give room for objections from land Owners/member of public having claim on the Land ( if there )
2. To ascertain genuiness of the ownership of the property requiring title from the State Government.

 

 

 

QUESTION 12:   

Why are applications for regularization of subsequent transaction on Federal Government Grants yet to be endorsed at the Federal lands and Housing not being processed?

                           

  Answer:        

The State is regularizing titles issued/endorsed by the Federal Government

 

 QUESTION 13:    What is the faith of applicants who are desirous of regularlizing their titles to obtain building plan approval?

 

 Answer:

 The State Government is trying to fashion out a solution with a view to addressing application affected and information on decision taken will be publicized to ensure proper circulation.    

 

 Question 14:       

Why is consideration not given to application that is willing to make an undertaking in order to ensure the application is processed?

Answer:

An undertaking that is not properly notarized is not acceptable.

 

Question 15:               

Why do we need to confirm Land Information obtained from Office of the Surveyor General?

 Answer:          

To establish the genuiness of the Land Information and ensure that it is validly issued by the Surveyor General’s Office.