₦airaland Forum

Often times prospective land buyers often fall into the wrong sellers who do not have the legal title to such land, thus, due diligence (research), inquiring the legitimacy and genuineness of a property is very essential before paying money.
Below are the vital steps to be followed when acquiring a land:
1) Understanding the nature of the property to be bought.
It is very imperative to be aware of the nature of the property in question before deciding whether or not to buy it. The property ought to be in proper shape before buying it; so as to avoid acquiring additional expenses.
2) The seller must be know:
It is important that before making payments on any property, carry out investigations, know the seller and make sure they are reliable before even considering doing business with them. It is also of the essence that the person is the true owner of the property or has the consent of the true owner of the property to sell such property.
3) The reason for the sale must be known:
It is of the essence that the reason behind the sale of the property be known, so as to enable the buyer know how to protect him/herself from possible issues in relation to the property. Asking questions till you find adequate answers is imperative.

4) Always do a physically inspection of the property to be bought:
It is paramount to do a physical inspection of the site to determine if the property is as described. It is really unadvisable to conclude real estate transactions without physically inspecting the property in question and to also request for copies and title documents before or during the physical inspection of the property.

5) Carry out a search on the property:
It is very vital to conduct a search at the relevant land registry to determine if the seller is the legal owner of the land. These will enable the buyer know if the title presented is genuine, whether the property is not under dispute and if it is not the subject to any government acquisition. It is important to ensure that the information given by the seller corresponds with the findings at the Lands Registry. Where there is an inconsistency, it is advisable that such inconsistencies be cautiously clarified before proceeding with the transaction.

6) Execute an independent valuation of the property
To evade instances of where the property might have been over-priced by the seller or the agent might have inflated the price of the property, it is also safe to carry-out a private valuation of the property to ensure that a reasonable amount is been paid for the property. Where this happens to be the case, the valuation might be a basis for renegotiation. Equally if the valuation reveals that the amount is unreasonably low, there might be a need to exercise caution before proceeding with the contract.


7) Payment must be made to the owner of the property
Avoid making payments to the agent, the secretary or any third party. If it is a family property, bank drafts can be made in the name of the family head and principal members of the family to avoid arguments over the sharing of the money.

Obtain transfer documents
After making the required payments, make certain to obtain purchase receipt, contract of sale and original copies of all previous documents of the property from the seller before making payment so as to be on the right side of the law. After payment has been made, take physical possession and file necessary documentation with the government by executing the deed of assignment.

Perfection of Land Title" in Lagos State simply means registering a title (or interest in a property) with the government. When purchasing a property in Lagos, to be sure that what is being bought is genuine and will not be sold to anyone else after making payments, it is important for the buyer of the property to obtain proper title if none existed before, or perfect the title if the one already exist in the buyer’s favour.

The following are required for an appropriate Title registration;

1. Legislation: The Land Registry Directorate is a very sensitive part of the Bureau that is saddled with the responsibility of keeping an up-to-date record of all land transactions in the State. It is the only Agency of Government that is statutorily empowered to store registered documents relating to land virtue of:

a. Land Instrument and Registration Law, CAP L58 (Laws of Lagos State 2003)
b. Registration of Titles Law, Cap 4 (Laws of Lagos State 2003)
c. Registered Land Law, Cap R1 ( Laws of Lagos State 2003)
d. Registration of Titles Law, (Laws of Lagos State 2015)

2. Cadastral survey: This is the sub-field of surveying that specializes in the establishment and re-establishment of real property boundaries. It is an important component of the legal creation of properties. Land administration in Nigeria must of necessity involve a cadastral input; since land must be discussed in terms of location, size, shape, ownership rights and encumbrances.

3. Land adjudication: This is the process of final and authoritative determination of the existing rights and claims of people to land.

The simplicity with which Title to real properties is perfected enhances the property rights enjoyed by private persons as well as corporate in any country. Land acquisition and security of title and interest in land (as guaranteed by perfection of title), is fundamental to the harnessing of investments, expansion of businesses and the growth of economies.

1. When was it enacted?
The Lagos State Land Registration Law was enacted on 21st January, 2015. It became the comprehensive legislation on land registration and replaced all the previous legislation on the matter. Therefore, the Registered Land Law, Registration of Titles Law, Land Instruments Registration Law and Electronic Documents Management Systems Law have all been repealed. However, any title or rights registered under the said repealed laws remain valid.

2. Why it was enacted?
The law was enacted to strengthen the hand of Government in the administration of the Land Use Act and to enable Lagosians have easy access to register their proprietary interest in land effortlessly.

3. Lagos State Land Registry:
The land registry in Lagos is currently the most developed land registry in Nigeria. The registration of instruments affecting land in Lagos dates back to 1863 which was a paper based system, and has now been improved to an Electronic Document Management Solution (EDMS), because of the problem of storage facilities and rampant corruption.

4. Efficiency of the Law:
The law seeks to guarantee genuine land title documents that have been investigated and registered by the Registrar of Titles. The law further encouraged all those involved in any land transaction to investigate the validity of the title documents of the land at the appropriate land registry where there exists a copy of the registered title document of the land before embarking on concluding the deal.

5. The aim of the law:
It is to substitute a single established title guaranteed by the state for the traditional title which must be separately investigated before purchase. And, must be proved by several documents of title each time the title is in issue. Transactions in respect of registered land such as leases, creation of charges and transfer of interest in land are also required to be registered.

The LAND USE ACT was enacted to vest all Land compromised in the territory of each State (except land vested in the Federal government or its agencies) solely in the Governor of the State , who holds such Land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the State and to organisations for residential, agriculture, commercial and other purposes while similar powers will with respect to non-urban areas are conferred on Local Governments.(27th March 1978) Commencement.

1. When was it enacted?
The Land Use Decree (now Land Use Act) was promulgated on 29th, March 1978 following the recommendations of a minority report of a panel appointed by the Federal Military Government of the time to advice on future land policy. With immediate effect, it vested all land in each state of the Federation in the governor of that state (Fed. Rep. of Nigeria, 1978).

2. Why it was enacted?
The Act was enacted to effect structural change in the system of land tenure, achieve fast economic and social transformation, to negate economic inequality caused by the appropriation of rising land values by land speculators and land holders; and to make land available easily and cheaply, to both the government and private individual developers.
3. State governors are responsible for land allocation:
Under the Act, the Governor is responsible for allocation of land in all urban areas to individuals’ resident in the state or to organisations for residential, agricultural, commercial and other purposes while similar powers with respect to non-urban areas are conferred on the Local Government.

4. The government can seize your land:
In Nigeria, the government can seize your land or property without any form of compensation if you do not have a Certificate of Occupancy (CofO). The power to do this rests within the Land Use Act, which reads: “All the rights formerly vested in the holder in respect of the excess of the land shall in the commencement of this Act be extinguished and the excess of the land shall be taken over by the Governor and administered as provided in this Act.”

5. Ironies of the Act:
One of the objectives of the Act is to make land easily available and cheap, to both the government and private individual developers. However, experts have argued that rather than make land cheaper, the contrary has happened.

It is undisputed facts that “SECURED PROPERTY IN HAND LEADS TO PEACE IN MIND”, so how do we achieve this?
We would like to share some helpful articles as regards purchasing Landed property in Nigeria. (With focus on Lagos state).

1. 5 Things to know about the Land Use Act.
2. 5 Things to know about the Lagos State Lands Registration Law.
3. Requirements for Land Title Registration in Lagos State.
4. Benefits of Efficient Land Registration System in Lagos State.
5. Challenges of Land Title Registration in Lagos State.

@www.amanroyalpartners.com We hope you find the articles useful and interesting, and if you do please share them with your network…you never know who might need the information.

Legal term of the week: “deed” – a written instrument, which has been signed and delivered, by which one individual, the grantor, coveys title to real property to another individual, the grantee; a conveyance of land, tenements, or hereditaments, from one individual to another.

AmanRoyal Team.

Regularisation of title to land is the process of granting title to those who have erroneously purchased uncommitted Government acquisition.

FUNCTIONS AND ACTIVITIES

The conditions precedents for regularisation are that:

• The subject site must not fall within a Committed Government Acquisition.
• The subject site must not fall within an existing Forest Reserve or Agricultural Land Use.
• The subject site must not fall on road alignment.
• The appropriate Setback must be observed.
• The appropriate distances from Drainage Systems, Canals, Oil and Gas Pipelines, Electricity Substation, High Tension Power Line, Electricity and Telephone poles, Water Pipelines, etc., as laid down by Physical Planning and Town Planning Laws must be observed.
• The subject site must fall within the permitted Regularisation Area.

WORKFLOW

• Applicant submits duly completed application form
• Issuance of Demand Notice for payment
• Applicant submits all payment receipts
• Applicant collects Certificate of Occupancy

PROCEDURE

 STAGE 1 : Applicant submits application for regularization to the Directorate of Land
Regularization for processing.
 STAGE 2 : The Directorate of Land Regularization will chart the survey Plan and
Thereafter carryout site inspection of the land.
 STAGE 3 : If the report of inspection is approved, the Directorate of Land
Regularization further progression is by raising a demand notice for
Necessary payments.
 STAGE 4 : Upon payment of necessary Land Charges evidenced by Treasury receipt,
The Directorate of Land Regularization prepares the letter of allocation
For processing the Certificate of Occupancy and forward same to the
Executive Secretary, Land Use and Allocation Directorate for endorsement
And thereafter release request to the applicant.
 STAGE 5 : The applicant’s file containing the Certificate of Occupancy is sent through
The Permanent Secretary to the Hon. Attorney General and Commissioner
For Justice for Endorsement.
 STAGE 6 : The Certificate of Occupancy is further processed for stamp duty and
Registration and released to the applicant.

1. LOST INSTRUMENT: An instrument is a document affecting land whereby one party confers, transfers, limits, charges or extinguishes in favour of another party, any right or Title to or interest in land but note that this does not include a will.

2. DEEDS OF ASSENT: An assent is an agreement of an executor or administrator to pass over a legal interest in the property in question to legatee (a person). An assent relates to property which has been bequeathed to an individual or individuals.

3. WITHDRAWAL OF CAUTION: A caution can be withdrawn by virtue of section 46 (3) of the Registration of Title laws which states that “A caution may be withdrawn by the person who lodged it or applied for its registration”.

4. LOST LAND CERTIFACTE: A Land Certificate is issued for land applications brought for certain areas which are covered by registration of Titles Law 1935. If a Land Certificate is lost, there is a procedure that must be undertaken for replacement.

5. ASSIGNMENT: In real property transactions, a deed of assignment is a legal document that transfers the interest of the owner of that interest to the person to whom it is assigned, the assignee. When ownership is transferred, the deed of assignment shows the new legal owner of the property and consideration given/received.

6. Gifts: Transfer of property by the donor during his or her lifetime in favour of the done and without consideration.

7. Mortgages: a legal agreement that conveys the conditional right of ownership on an asset (land/property) by its owner (mortgagor) to a lender (mortgagee) as security for a loan. The lenders security interest is recorded in the register of titles documents to make it public information and is voided when the loan is repaid in full.

8. C of O: This literally means Certificate of Occupancy. It is usually issued by the State Government since all lands in the State are now vested in the Governor of the State pursuant to Section 1 of the Land Use Act 1978. The Governor now assumes the position of a trustee and therefore administers all lands in the state for the benefit of the citizens.

9. GOVERNOR’S CONSENT: is a signature or approval given by the Governor of the State on deeds tendered for subsequent alienation or transactions on land.

10. SURVEY PLAN: can be described as a land instrument which shows as clearly and as accurately as possible, with as much certainty as also possible, the ascertainable area of a piece or parcel of land with its definite and precise boundaries that it describes. Where a survey plan does not possess these attributes, it is of no value whatsoever to the holder of the document.

The Lagos State Land Registration Law came into force on January 21st 2015. The Law became the comprehensive legislation on land registration and replaced all the previous legislation on the matter. '

There are two types of Governor’s approval when it comes to landed property transactions. One is the approval to transfer part or all of a seller’s interest in the landed property to a third party and the other is the consent to mortgage. The latter is usually required when pledging a property as security for a credit facility. Below are the essential documents needed to obtain a Governor’s Consent in Lagos State:

A duly completed application made on Land Form 1C which must be dated and signed by the parties to the transaction and sworn to before a Magistrate or Notary Public.
 A cover letter from the Solicitor/Applicant filing the application for Governor’s consent.
 A certified original copy of the Title document of the property.
 The sum of N10,500 for charting fee, endorsement fee and Form 1C made payable to the Lagos State Government.
 Four copies of the Deed of Assignment with survey plans attached in each copy.
 Photograph of the property.
 A current tax clearance certificate of the parties involved in the property transaction.

These documents are forwarded to the office of the Surveyor General for charting. If there are no defects in the survey plan, a clean report is sent to the Lands Bureau and a demand notice is issued to the applicant for the following fees which are percentages of the assessed value of the property.

The following fees are paid via bank draft in the name of Lagos State Government and then receipts are issued:
 Reduces Consent fees to 1.5%
 Capital Gains Tax 0.5%
 Stamp Duty 0.5%\
 Registration fees 0.5%

Present experience is that the process of getting approval and perfecting a title in Lagos State takes at least three months to conclude if assessment fees are paid as quickly as possible and there are no queries in your file, although the State Government has a target period of 30days. Listed below is the process/procedure involved:

1. Application & accompanying documents are received at the Land Bureau.
2. Application is uniquely referenced for identification purpose
3. Investigation of the status of the land through charting
4. Assessment of property to determine applicable fees
5. Issuance of Demand Notices
6. Applicant pays and forwards treasury receipts of payment of fees
7. Approval & endorsement of documents by the Honorable Commissioner
8. Stamping of documents
9. Registration of documents
10. Collection of all registered documents by the applicant

Documentary evidence of ownership is called title deeds or title documents. It is important that the document being presented by the seller to the prospective buyer must have been registered at the Lands Registry. This is because any document that creates or purports to create any interest inland must be registered at the Lands Registry.

The registration makes it a public document under the Evidence Act and if the original copy is lost or destroyed, the certified true copy can be used in appropriate cases. When a document is registered, the registration constitutes a notice to the whole world of the interest in the land to which the land/document relates. However, if there is any defect in the title of the person in whose name the document has been registered, the defect in the title cannot be cured by the registration.

Generally, land registration describes systems by which matters pertaining to ownership, possession or other rights in land can be recorded usually with a government agency or department to provide evidence of title, facilitate transactions and to prevent unlawful disposal. Land registration systems involve Deeds Recording and Title Registration.

Deed recording is a system of giving publicity to land transactions and helping to prevent concealed dealings. The act of recording a deed gives notice to the public of a claimed interest inland and establishes priority against other possible claimants to the same interest. System of deeds recording requires certain information such as; a document presented for entry which normally accepted at face Value, Survey plan, Boundary descriptions.

Title Registration is an authentication of the ownership of, or a legal interest in, a parcel of land. The Act of title registration confirms transactions that confer affect or terminate that ownership or interest and once the registration process is completed no search behind the register is needed to establish a chain of title to the property, for the register itself is conclusive proof of title. This type of title is often referred to as indefeasible (or absolute). There are four key benefits of registration which include:  Evidence of Ownership  Higher Property Value Security of Title Ease of Transaction

Documentary evidence of ownership is called title deeds or title documents. It is important that the document being presented by the seller to the prospective buyer must have been registered at the Lands Registry. This is because any document that creates or purports to create any interest inland must be registered at the Lands Registry.

The registration makes it a public document under the Evidence Act and if the original copy is lost or destroyed, the certified true copy can be used in appropriate cases. When a document is registered, the registration constitutes a notice to the whole world of the interest in the land to which the land/document relates. However, if there is any defect in the title of the person in whose name the document has been registered, the defect in the title cannot be cured by the registration.

Generally, land registration describes systems by which matters pertaining to ownership, possession or other rights in land can be recorded usually with a government agency or department to provide evidence of title, facilitate transactions and to prevent unlawful disposal. Land registration systems involve Deeds Recording and Title Registration.

Deed recording is a system of giving publicity to land transactions and helping to prevent concealed dealings. The act of recording a deed gives notice to the public of a claimed interest inland and establishes priority against other possible claimants to the same interest. System of deeds recording requires certain information such as; a document presented for entry which normally accepted at face Value, Survey plan, Boundary descriptions.

Title Registration is an authentication of the ownership of, or a legal interest in, a parcel of land. The Act of title registration confirms transactions that confer affect or terminate that ownership or interest and once the registration process is completed no search behind the register is needed to establish a chain of title to the property, for the register itself is conclusive proof of title. This type of title is often referred to as indefeasible (or absolute). There are four key benefits of registration which include:  Evidence of Ownership  Higher Property Value Security of Title Ease of Transaction

According to Charles Dudley Warner, “No man but feels more of a man in the world if he have a bit of ground that he can call his own. However small it is on the surface, it is four thousand miles deep; and that is a very handsome property”.

Land is indisputably a source of wealth and is greatly valued as a crucial factor of production moreover people acquire land for many different reasons. In the main, land registration describes systems by which matters pertaining to ownership, possession or other rights in land can be recorded usually with a government agency or department to provide evidence of title, facilitate transactions and to prevent unlawful disposal.

There are four key benefits of Land registration which include: *Evidence of Ownership *Higher Property Value *Security of Title * Ease of Transaction. The Land Use Act, 1978 was enacted to more or less establish a uniform system of landholding for the entire country, and to also address the importance of land to mankind, therefore providing viable management options to land administration in Nigeria. It is therefore correct to say that acquisition of land in Nigeria would involve the same basic legal principles, regardless of the particular State of the Federation in which the land is located.

The Act is a vague legislation in the sense that in theory the radical title to the land is in the Governor but in practice, the radical title in the community, family and individual has been maintained and preserved only with the requirement that alienation of these interests must be with the consent of the Governor. Any individual interested in land ownership, it is advisable that you investigate and confirm, with the help of a lawyer, that the seller has good title to pass on to you. The last thing you want is for them to part with your money and find out that it was a sham.

It is important that the document being presented by the seller to the prospective buyer must have been registered at the Lands Registry. This is because any document that creates or purports to create any interest in land must be registered at the Lands Registry. The registration makes it a public document under the Evidence Act and if the original copy is lost or destroyed, the certified true copy can be used in appropriate cases. When a document is registered, the registration constitutes a notice to the whole world of the interest in the land to which the land/document relates. However, if there is any defect in the title of the person in whose name the document has been registered, the defect in the title cannot be cured by the registration

A Land under Government Acquisition is a land acquired by the Government for its own specific use and there are plans for these lands in the nearest future depending on what the Government intends to do with the land. These lands have been acquired for years by the government and its at the Government’s discretion to release those lands to people who have illegally bought the Land from Omoniles or not depending on if they need to use the lands for a specific purpose or not and if the release of those acquired lands to the people will not disrupt any regional or urban planning regulation.

Meanwhile A Committed Land is a land the Government already has Plans for and most certainly nothing will make the Government alter its mind to give up that land. Such lands include lands earmarked for Government estates, Roads, Government Schemes etc. In fact if you buy a land in a committed Area, you’re on your own because they will never approve the papers and if you build a property there, it will most certainly be demolished.

Committed Acquisition: This simply means that the government has said that on this land they have decided to construct a railway, build a bridge or even a standard stadium. Invariably, there is always a use attached to a land that is a under Committed Acquisition and it is usually stated from the onset such that it is difficult for such land to later become free and be available for other uses. When the land status indicates that the land is committed, don’t deal! Its always difficult to do anything about it.
In one sentence; We should be wary dealing in such land

According to Land Bureau website “Ratification (now referred to as Regularisation) is a policy of grace that avails squatters on uncommitted Government Land, the opportunity to obtain legal title to the land encroached upon from the State Government. It is the process of allocating Government land to someone who had previously occupied landed property without lawful authority from the State Government”

Regularisation is subject to two (2) basic conditions:

(i) That the property must not be situated in a Government Scheme, Estate or Committed Area; and

(ii) The property must be situated within an area that conforms with Urban and Regional Planning regulations and standards of the State.

Regularization in other words is a process whereby illegal owners of lands in areas under Government acquisition that are not Committed lands are given the opportunity to obtain a legal title to the land encroached or trespassed upon from the State Government.

To simplify it, it means the process of allocating Government Land to someone who had previously occupied landed property without lawful authority from the State Government but it is subject to 7 Conditions:

1. That the property must not be situated in a Government Scheme, Estate or Committed area

2. The Property must be situated within an Area that conforms to Urban and Regional Planning Regulations and Standard of the State.

3. The Appropriate Set back of the Land must be observed.

4. The Appropriate distances from drainages, Canals, NNPC pipelines, Gas Pipelines, NEPA transformers, High Tension Wires, Water Pipelines and other restrictions laid down by the Physical Planning and Town Planning

5. The land must not fall on road Alignment

6. The land must not fall within a Committed Government Area

7. The Land must fall within the Permitted Regularization Areas

Often times prospective land buyers often fall into the wrong sellers who do not have the legal title to such land, thus, due diligence (research), inquiring the legitimacy and genuineness of a property is very essential before paying money.

Below are the vital steps to be followed when acquiring a land:

1) Understanding the nature of the property to be bought.
It is very imperative to be aware of the nature of the property in question before deciding whether or not to buy it. The property ought to be in proper shape before buying it; so as to avoid acquiring additional expenses.

2) The seller must be know:
It is important that before making payments on any property, carry out investigations, know the seller and make sure they are reliable before even considering doing business with them. It is also of the essence that the person is the true owner of the property or has the consent of the true owner of the property to sell such property.

3) The reason for the sale must be known:
It is of the essence that the reason behind the sale of the property be known, so as to enable the buyer know how to protect him/herself from possible issues in relation to the property. Asking questions till you find adequate answers is imperative.

4) Always do a physically inspection of the property to be bought:
It is paramount to do a physical inspection of the site to determine if the property is as described. It is really unadvisable to conclude real estate transactions without physically inspecting the property in question and to also request for copies and title documents before or during the physical inspection of the property.

5) Carry out a search on the property:
It is very vital to conduct a search at the relevant land registry to determine if the seller is the legal owner of the land. These will enable the buyer know if the title presented is genuine, whether the property is not under dispute and if it is not the subject to any government acquisition. It is important to ensure that the information given by the seller corresponds with the findings at the Lands Registry. Where there is an inconsistency, it is advisable that such inconsistencies be cautiously clarified before proceeding with the transaction.

6) Execute an independent valuation of the property
To evade instances of where the property might have been over-priced by the seller or the agent might have inflated the price of the property, it is also safe to carry-out a private valuation of the property to ensure that a reasonable amount is been paid for the property. Where this happens to be the case, the valuation might be a basis for renegotiation. Equally if the valuation reveals that the amount is unreasonably low, there might be a need to exercise caution before proceeding with the contract.

7) Payment must be made to the owner of the property
Avoid making payments to the agent, the secretary or any third party. If it is a family property, bank drafts can be made in the name of the family head and principal members of the family to avoid arguments over the sharing of the money.

Obtain transfer documents
After making the required payments, make certain to obtain purchase receipt, contract of sale and original copies of all previous documents of the property from the seller before making payment so as to be on the right side of the law. After payment has been made, take physical possession and file necessary documentation with the government by executing the deed of assignment.

PART B

CONSENT

Consent may be given expressly by words or be implied from conduct.

A person is deemed to consent to a reasonable degree of physical contact as a result of social interaction (see Collins v Wilcock, above).

Those who take part in sports also consent to a reasonable degree of physical contact during the course of play, ie within the rules, even to the risk of being unintentionally injured. However, there can be no consent to deliberate acts of violence (R v Billinghurst [1978] Crim LR 553).

What is meant by 'informed consent' and does English law recognise such a doctrine? Informed consent is the notion that consent is not valid unless all the risks of a surgical procedure have been explained. A person may not bring an action, in trespass or negligence, on the ground that they had not been informed of the potential consequences.

The issue in trespass is whether the patient consented to what was being done, and the issue in negligence is whether the patient should have been informed of the risks.

Every adult has the right to refuse medical treatment even if it will result in permanent injury or even death. However, a person may de deprived of his capacity to decide either by long term mental incapacity or temporary factors such as unconsciousness or confusion or the effects of fatigue, shock, pain or drugs. In such a case, it is the duty of the doctors to treat him in whatever way they consider, in the exercise of their clinical judgment, to be in his best interests.

TRESPASS TO THE PERSON
ASSAULT
An assault is an act which intentionally causes another person to apprehend the infliction of immediate, unlawful, force on his person.

It was said in R v Meade and Belt (1823) 1 Lew CC 184, that 'no words or singing are equivalent to an assault'. However, the House of Lords have more recently stated that an assault can be committed by the Court of Appeal in R v Constanza [1997] Crim LR 576.

It is much more authoritative that words will not constitute an assault if they are phrased in such a way that negatives any threat that the defendant is making. See:

Tuberville v Savage (1669) 86 ER 684

Stephens v Myers (1830) 172 ER 735

The claimant must have reasonably expected an immediate battery. Thus in Stephens v Myers (1830) 172 ER 735, the defendant made a violent gesture at the plaintiff by waiving a clenched fist, but was prevented from reaching him by the intervention of third parties. The defendant was liable for assault.

A Survey Plan can be described as a land instrument which shows as clearly and as accurately as possible, with as much certainty as also possible, the ascertainable area of a piece or parcel of land with its definite and precise boundaries that it describes. Where a survey plan does not possess these attributes, it is of no value whatsoever to the holder of the document.

Most States in the Federal Republic of Nigeria have a Survey Law whose provisions are similar to the Survey Laws of the other States. In Lagos State, the applicable law is the Survey Law, 1984.

Section 1 of the Lagos State Survey Law requires that any map or diagram or survey plan that is attached to a registered land instrument or that will be tendered in any court of law must be prepared, signed and certified by a licensed surveyor.

Any unauthorized person who willfully obliterate, remove or injure any trigonometrically station, survey beacon, mark or pole or any boundary marks fixed, set up or placed for the purpose of any public survey or any survey ordered by an Act of Parliament shall be liable to pay a fine of N100 or to serve a term of imprisonment for 3 months or to both the fine and the term of imprisonment. In further addition to the latter provision, such a person could be ordered to pay the cost of repairing or replacing the items obliterated, removed or damaged. See Section 6 of the Survey Law.

It is the duty of the owner and the occupiers of any land, including the community leaders in the area where the land is situated, or where the land have boundaries with any trigonometrically station, survey beacon, mark or pole, to preserve these items and report forthwith to the nearest officer of the survey department if these items are obliterated, removed or damaged or require repair. Any breach of this duty, on conviction, attracts a fine of N100.00.

Also, any person who without the authority of the Surveyor General uncovers any survey beacons or marks buried below the surface of the ground or covered with earth, stone or other material is guilty of an offence and liable on conviction to a fine of N100.00 or to a term of imprisonment for six months.

Any person who willfully obstructs, hinders, resists or threatens any Surveyor in the execution of his duty shall be guilty of an offence and shall be liable on conviction to pay a fine of N100 or to serve a term of imprisonment for six months or to both the fine and the term of imprisonment.

Discipline of Surveyors

A disciplinary committee is established for erring Surveyors who have intentionally or negligently or recklessly or out of culpable ignorance of facts made an incorrect survey or delivered an incorrect plan or diagram of land or prepared a plan which does not conform with the requirements of any regulation made under the Survey Law or have been convicted of any offence involving fraud or dishonesty.

Some of the penalties that an erring Surveyor could incur include suspension from practice or the outright cancellation of his practicing license. Where a Surveyor’s license is cancelled and he fails to surrender his license to the Surveyor General, such a Surveyor shall be guilty of an offence which on conviction carries a fine of N200 (Two Hundred Naira).

A Surveyor’s license that is cancelled or suspended can always be restored on the Surveyor making an application which must disclose sufficient and reasonable ground(s) to assist the disciplinary committee in considering whether or not it should restore the Surveyor’s license.

Land is of basic importance in traditional Nigerian society, and is communally owned, although family or company ownership exists side by side with communal ownership. It is a source of wealth and is greatly valued as a crucial factor of production moreover people acquire land for many different reasons.
Land constitutes a sensitive asset whose administration must be based on meaningful policy decisions to benefit the people. Hence, no society exists without a regulation of some kind peculiar to it to rationalize the mode of ownership and the use of land, because land is limited, the law must step in to discourage land speculation.
According to the 1999 constitution (as amended), which is the ultimate legislation in Nigeria, one’s right to one’s property is an entrenched constitutional right which is inviolate. It follows therefore that any purported acquisition which is not according to a law containing the above provisions or conditions is no acquisition at all in the eyes of the law.
In the same vein, The Land Use Act, 1978 was enacted to address the importance of land to mankind and therefore provide viable management options to land administration in Nigeria. The Act more or less establishes a uniform system of landholding for the entire country. It is therefore correct to say that acquisition of land in Nigeria would involve the same basic legal principles, regardless of the particular State of the Federation in which the land is located.
The Act also provides that all land in a State is to be held in trust by the State Governor for the benefit of 'all Nigerians'. As this provision does not show favoritism between indigenes and non-indigenes of the State in question, properly applied it would mean that all Nigerians have equal opportunity for acquiring land throughout the entire country. By law, foreigners may also acquire land wherever it is located in the country.
The Land Use Act is a vague legislation in the sense that in theory the radical title to the land is in the Governor but in practice, the radical title in the community, family and individual has been maintained and preserved only with the requirement that alienation of these interests must be with the consent of the Governor.
Any person interested in land ownership, it is advisable that you investigate and confirm, with the help of a lawyer, that the seller has good title to pass on to you. The last thing you want is for the supposed seller to part with your money and find out that it was a sham.