ESTATE GUIDE SERIES: 62
Weekly On Saturdays

21-09-2024

- Theme:

LAND TRANSACTION RECORDING AND ZONING RESTRICTIONS

- Introduction:

The Chairman of the Police Service Commission, DIG Hashimu Argungu rtd has warned that serving Police Officers who are found involved in civil matters such as land, rent, and marital disputations will henceforth be sanctioned and their promotions suspended. The Land Use Act also does not empower traditional rulers with the responsibility to resolve land disputes except through investigations at the Land Registry and the Surveyor General's office where Government issued land documents were confered upon the real owner of a land but without a Government issued documents in the name of the acclaimed bearer, the land could either be a Government Committed Acquisition or someone else land who must have registered it, and obtained Government approval for a residential purpose.

- Why Land Recording?

Land records must be systematised in order to provide landowners with a user-friendly service. Most importantly, proper titling of land records prevents the use of bogus and fraudulent land papers.

- Why land recording is important?

One of the primary reasons why land documents are important is that they serve as evidence of ownership. Without proper documentation, disputes and conflicts over land ownership can arise, leading to legal battles and financial losses.

- How does a deed of assignment record land transaction?

A Deed of Assignment is made up of a cover page that shows the identities of the buyer and seller as well as a description of the land; a second page that shows the date of the transfer, names, and location of buyer, and seller, and a history of how the seller came into possession of the land, a third page detailing the intention of the buyer to buy, and his financial commitments,
a fourth page transferring the right, interest, title and ownership to the buyer pending the C-of-O approval, and finally the fifth page for all the transacting parties signatures sealing the offer, and acceptance of the deal.

- Why land zoning?

Zoning regulations can be used to separate business from commercial, industrial and residential areas in order to distinguish purpose of land usage for urban developments. Owners obtain approval base on the designated purpose of land zoning.

- What are the objectives of zoning?

The purpose of zoning is to indicate the land use objectives for all the lands within the country. Zoning aspires to promote the orderly development of the country by eliminating potential conflicts between incompatible land uses and to establish an efficient basis for investment in public infrastructure and facilities.

- How does a survey reveal land zoning restrictions?

A survey plan reveals the true ownership and zoning restriction or purpose of a land usage, prevents overlapping incompatible uses of land, like having a home next door to a factory. It also details information about the land, and only Registered Surveyors possess the technical, and legal qualifications to prepare a valid survey plan.

• In a nutshell, verifying a seller's Deed and survey plan will support a buyer's due diligence, and subsequently obtaining land legal documents in the name of the buyer is a right decision to journey towards perfecting the land ownership with a Certificate of Occupancy (C-of-O).

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Our goal is to provide legal advice through our Estate Guide Series to answer your real estate questions by simplifying your complex land and housing matters.