What is a Certificate of Occupancy (C of O?)
A Certificate of Occupancy is an authorization document issued by the State Governor/Government (as the case in Nigeria) to an individual, groups of individuals or an entity conferring the right of occupancy of a particular property.
Certificate of Occupancy signifies the legal occupation of an individual on a land. It usually bears the name of the occupier and a term of years that the governor grants such occupation. It is issued and signed by the governor through the appropriate authority in the state which is usually the Bureau of Lands.

Who Can Issue A Certificate Of Occupancy?
The Land Use Act of 1978 unified the land tenure system in Nigeria and empowers by virtue of Section 9(1) the Governor of every state in Nigeria (the Minister of FCT for Abuja) to issue a Certificate of Occupancy under his hand in evidence of a right of occupancy. Hence, it is important to state that only the serving/incumbent State Governor can issue this certificate having acted in line with Sections 5, 9 and 10 of the Land Use Act of 1978, which confers the power and dominion of state land into the hands of the State governor.

WHO CAN BE ISSUED A CERTIFICATE OF OCCUPANCY?
Every citizen of Nigeria has a right to acquire and own immovable property in Nigeria according to the constitution. There is no discrimination in terms of sex, name, ethnicity, and religion on issuance of this certificate to any person(s) provided the applicant meets the requirement. For anyone to be issued with a certificate of occupancy such a person must apply through the lands bureau of the state and proper documentations must be filed, screened, survey plan submitted, before the lands bureau would make recommendations to the Governor to sign the Certificate of Occupancy. Application is not automatic, as applicant must meet requirement before being entitled to the issuance

Do you know that a certificate of occupancy (C. of O) is not all in all?
A lot of misinformation about a certificate of occupancy being the most authentic document that signifies the legitimacy of land transactions has been in circulation but the truth is a certificate of occupancy is not necessarily the most authentic documentation in land transactions. In fact, a certificate of occupancy is at best the secondary proof of title.
The most authentic and primary document largely depends on the type of land transaction being conducted. At best, a certificate of occupancy only gives a rebuttable proof of possession of the land. It is very possible for someone who doesn’t own a land to possess the certificate of occupancy on that land while the ownership vests on someone else. But ultimately, every legitimate occupier of a land is entitled a certificate of occupancy.

The following are ways primary titles can be established and they are superior to a certificate of occupancy.
1. By the provisions of the Land Use Act of 1978, the ownership of every land situated within a state within the territory of Nigeria is vested in the Governor of that state. So basically, all lands in Nigeria belong to the Governor of that state who holds it in trust on behalf of all members of that state. The governor thus is empowered to allocate this land as he deems fit in the general interest of the public. Please take note that this only applies to lands situated in urban arrears. Lands situated in rural areas are controlled by the Local Government. So when the Governor assigns a piece of land to you, you will be given a certificate of occupancy which will be processed automatically upon such assignment. So in this instance, a certificate of occupancy will only serve as authentic proof of title to subsequent purchasers.
2. In the event that you’re purchasing land from a family, your surest bet is to have a written authorization or proof to sell by the head of that family with the concurrence of the principal members of that family. It is from this proof coupled with your physical inspection and other investigations about the history of the family and the land that you will derive your primary authenticity to purchase the property.
3. The above options refer to virgin land or undeveloped land. For developed property with improvements on it with fixtures and fittings, your best bet will be to see the deeds of transfer from the previous owners. If the property has changed hands a couple of times, you would be safer where there is a schedule of transfer from inception to the current owner. These deeds of transfer and schedule of previous transactions will also need to be duly registered at the Lands Registry to give it it’s authenticity. This includes properties that are being sold by the order of court and properties subject to probate and administration.
So while you are about to get involved in a land transaction, do not be carried away by the authenticity of the certificate of occupancy but rather be very interested in the ownership of the property and how the vendor came by the property.
When conducting a land transaction, you should check out for the following Documentations as they are the only valid means to transfer title in land. Look out for them, they are very important.
1. Vesting Orders: This is a court order that declares that a person is the owner of a certain property mentioned in the order. The property will be properly described in the court order and it is usually signed. Matters relating to land are usually handled by High Courts of the individual states and within the territorial jurisdiction where the land is situated. So generally, a vesting order for a property in Ikorodu will be given by the High Court of Lagos sitting in Ikorodu.
2. Assents: Where an individual dies and leaves his property to his relatives, the personal representatives of the deceased who are usually authorized by law to distribute his property may opt to sell such properties where it was the intention of the deceased to do so. They can only transfer such landed property by what is called an Assent.

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Whether you intend to purchase new land or you have plans to build on property you already own, there are several reasons why you may need a land survey.
But just why is getting one so important? And during which step of the construction process do you actually need one? We’re here to answer your questions and provide you with all of the details you need to know about land surveys.
First of all, there are many reasons why getting a land survey may not only be beneficial, but may actually be a requirement for moving forward with your plans.
Some of the reasons why you may need one include when you are trying to decide if a new project will encroach on someone else’s property, when you need to determine whether or not a building is in a flood hazard area, and when you are preparing a subdivision layout.
Of course, these are just some of the many reasons why a land survey may be needed. But how do you know when to get one?
Well, in general it is a good idea to contact a land surveyor like us before any land titles are transferred between the parties involved. It should also be done before any land is subdivided, and before construction begins on any land that is nearby roads or existing buildings.
These are just some simple guidelines to follow to help you determine when you may need a land survey.
For more information about when and why to get one for your property, give us a call today!


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Marking of property boundaries is a very complex and highly specialized activity. It is critical that boundaries be determined and marked accurately so it is clear where properties begin and end.

Landowners need to know where property boundaries are. Without owners knowing boundary locations buildings could be on property lines, it could be difficult to meet set-back requirements, neighbours could build on the wrong side of the line, and safety problems could occur with construction over gas lines or other utility rights-of-way.

Home Owner should beware of throwing away the survey Mark (pillars, Beacons etc.).
If the survey Mark is just where that fence post should be — please build around it.
The cost of replacing a survey marker could be as much as the cost of the fence, driveway or landscaping in the first place.

Contractor should beware of damaging survey Marks Contouring, grading, fencing, road building and other work with heavy equipment is a common cause of destroyed survey evidence. Grading along the boundaries of a lot, road, subdivision or pipeline right-of-way can result in hundreds of survey pins being moved or destroyed.
A Registered Land Surveyor has to be retained to re-measure and re-establish the destroyed markers. It adds to the cost of construction and, in the end, to the amount the consumer must pay. The easiest way to avoid the problem is to ensure that the metal pins are clearly identified prior to any earth moving activity so that machinery can avoid them.

Repairing the damage; when survey evidence is destroyed, it is often quite costly to re-establish.
A Registered Land Surveyor must re-determine boundaries by measuring from the closest survey evidence that can be located. In some areas, the nearest evidence may be blocks away or, in rural areas, miles away. Once the measuring has been completed, a new mark can be put into the ground. Also, a new survey plan must be prepared and filed at Land Titles.

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1. What is a Real Property Detail Survey?
A Real Property Detail Survey is a legal document that clearly illustrates the location of significant visible improvements relative to property boundaries. (Improvements to be shown and outlined)
Over the years, the standards for Real Property Reports have changed. It takes the form of a plan or illustration of the various physical features of the property, including a written statement detailing the surveyor’s opinions or concerns. It can be relied upon by the buyer, the seller, the lender and the municipality as an accurate representation of the improvements on your property.
2. Who need a Property Detail Survey?
 Property owners
3. Why Property Detail Survey
To be informed of:
• The locations of improvements within the property boundaries,
• Any encroachments from adjacent properties, and
• Property compliance with municipal requirements
 Property Purchasers
To be informed of the boundary and improvement locations on the property and any problems relating to the property boundaries.
 Municipalities
To assist in determining compliance with by-laws and fire codes also in the planning and development process.
 Property Sellers (vendors)
To provide Protection from potential future legal liabilities resulting from problems related to property boundaries and improvements.
 Mortgage Lenders
To be informed of Conformance of improvements with municipal bylaws and Problems that may have to be resolved prior to registration of the mortgage
 Realtors
To provide a visual representation of the property for sale, Meet requirements of the real estate listing/purchase contract, and Have information to avoid delays in completing property transactions when a Real Property Report is arranged early in the sales process
4. How does a Real Property Detail Survey protect you?

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Fencing
Fences serve many functions. They can be constructed for security reasons, pet or child confinement, hazard control, by-law requirements and agricultural uses. Or, fences can be simply an architectural or aesthetic improvement to your property.
Fences are most often used to mark the boundaries of a property. Whenever fences are located on property boundaries they must be located properly to minimize the chance of causing legal issues that may be expensive to resolve.

Tips for Locating Properties Boundary
1. The easiest way to determine boundary locations is to hire a Registered Land Surveyor.
2. If you know where your property boundary markers are you can mark the property line—there are often monuments (pillars or beacons) for other purposes, such as roadways, etc. Be absolutely certain that the right survey markers are used.
3. Remember it is illegal to disturb or remove any survey marker. There are Fines for tampering with boundary markers.
4. Contact Registered Surveyors and have underground facilities marked. You do not want to hit a gas or electrical line.
5. Ask your neighbour to help and be involved in determining the fence location.

Before you started- include your Neighbour
Discuss the construction of the fence with your neighbour—remember they have to look at it too. Ideally you and your neighbour should jointly own the fence—with this arrangement encroachment and access for maintenance is seldom a problem.

Permits, Bye law and Restriction
States and Local Governments have regulations about fences. Check with your local Building Department to see what permits, by-laws or other restrictions may affect your construction.
Make the proper permit applications, pay the necessary fees and provide construction drawings and site plans if required

Role of Surveyor in Fencing
The cost of hiring a Registered Land Surveyor to conduct a fence line survey is well-justified if there is ever a boundary dispute. The surveying cost is minor compared to potential costs of legal actions. A boundary determination by Registered Land Surveyor will thus reduce future costs, lessen the likelihood of legal action and will stand up in court.

Sole ownership
If you don’t get along with your neighbour, locate the fence entirely on your property.
Design and locate your fence so maintenance can be done from your side of the property line.
Install a fence that is finished on both sides, or place the finished side facing the neighbour’s property.
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The world is facing unprecedented challenges due to the COVID-19 outbreak identified in Wuhan, Hubei, China, in December 2019. The current crisis is an opportunity to reflect on how cities are being planned and managed and brings concepts such as resilience to the top priorities.

Resilience as defined by the United Nations Office for Disaster Risk Reduction “means the ability of a system, community or society exposed to hazards to resist, absorb, accommodate to and recover from the effects of the hazard in a timely and efficient manner, including through the preservation and restoration of its essential basic structures and functions.”

The major efforts by the UNDRR to make our cities resilient have focused on the concept of urban resilience mainly related to climate change adaptation and disaster management, leaving wider sustainability challenges aside. The UN Sustainable Development Goals 9 and 11 explicitly identify the role of resilience, while the New Urban Agenda devotes a specific section on “environmentally sustainable and resilient urban development”. However, scholars have a different definition of resilience, separating “general resilience” as the capacity of the system to withstand shocks and stresses while retaining system properties, from “specific resilience” as the system’s capacity to cope with a determinate shock or stressor (Carpenter et al. 2001). The targets and indicators have addressed the quantitative component but there is a gap in the qualitative input and the need to provide better guidance. This may include the reframing of the term to include unsustainable urban metabolism patterns, social inequalities (Chelleri et al. 2015) and other human hazards, such as pandemics, in order to be prepared for the upcoming events.

For this matter, embracing culture as an essential component for resilience, being a brace to the spheres of sustainability, becomes relevant. We find both, the culture of resilience and the resilience of culture providing broader perspectives for cities, citizens and their heritage that can be applied globally. Resilience must be seen as an integrative process with the social, environmental and economic components meeting the challenges of social inclusion, the digital revolution and sustainable development (Turner 2015). This was addressed in the joint UNESCO-World Bank research on Culture – as the “X Factor” for Building Back Better after Conflict and Disasters. The mantra of Building Back Better needs to be all encompassing.

How is this translated into urban planning?

Taking the experience in China during the Corona Virus outbreak as a reference, we can understand some of the urban function-spatial problems included during an epidemic (Kyoung Yeo 2010):

1. Inadequate medical facilities: Manifested in insufficient number, uneven distribution, low capacity, and lack of resources.

2. Excessive urban population density: The virus of coronavirus disease has a strong infectious capacity, an incubation period and human-to-human transmission. It is more likely to spread in cities with high population density, as it is more difficult to control population movements, cut off the virus transmission route, and other urban systems will face greater pressure after the necessary quarantine is implemented.

3. Congestion: Caused by disordered city road hierarchy and low level of road facilities. The urban transportation system is important to ensure the timely transportation of medical personnel, patients, and various emergency materials when an epidemic occurs. It is the lifeline of the city during the epidemic period and its accessibility should be guaranteed first. Being a double-edged sword with movement being a factor in the spread of the epidemic and essential to provide medical response.

4. Insufficient open space: Mainly reflected in the uneven distribution of large open spaces, the small number of small open spaces, and the small scale. During the epidemic, the open spaces serve as a temporary storage and patient receiving spots. Insufficient open space also means that the overall scale of the city’s treatment is reduced, and the potential for coping with risks is relatively reduced . The provision of more open and natural spaces not only increases the capacity of the city to respond during an emergency, but there is also evidence proving that the conservation and enhancement of green infrastructure can have multiple benefits for citizens, improving their health and well-being, as well as reducing pollution levels, cleaner water and risk mitigation (IUCN 2018).

5. Managing public services: Like medical facilities, other public service facilities have a small total volume, small scale, and uneven distribution. Some large public service facilities can be converted into temporary medical facilities under emergency conditions to ease the pressure of patients’ placement, treatment and isolation in the city.

6. Weak public awareness of the epidemic: Although this point does not seem to relate to urban function-spatial issues, the lack of understanding will seriously affect the normal functioning of the city during an emergency. Lack of public awareness leads to the loss of early response opportunities. When the epidemic breaks out, without the proper guidance by the public sector and the media, the public’s tolerance for the crisis will become very low, enhancing social panic and riots. Providing accurate information in a timely manner, makes limited public resources play their due role and lessen social distress.

This case reflects how resilience may be provided by diversity, natural redundancy, ambiguity and the dynamic activities of creativity, experimentation and improvisation. It provides resilience guidance, highlighting the importance of providing redundant services: multiple areas and buildings for diverse functions scattered all over, and an environment that enhances creativity, allowing the citizens to transform and adapt it to their needs (DESURBS 2016). The reality shows how in most cases these provisions are not implemented due to their higher maintenance and on the contrary, the public over the private space is prioritized, demonstrating the prevailing of economic parameters. This mindset backfires in the long term when a crisis strikes, leaving cities and citizens powerless, and their capacities to overcome the difficulties reduced. More importantly, the human and resource effort needed to respond and recover from the crisis will exponentially increase if no prevention measures are in place. Diversity of reactive policies and response strategies in containment and management of the disaster and their application is essential for resilience, in this case merging the ’herd immunity’ with state intervention.

Identifying the urban function-spatial problem attributes and overlaying them together with cultural resource mapping is likely to create a better understanding as to how the culture of resilience and the resilience of culture may work together. This will provide better data for managing disaster in identifying high risk populations together with the community facilities that may provide the necessary support.

Taking the COVID-19 crisis as an example, on the one hand, the identified vulnerable groups are the elder, people with serious underlying medical conditions and people with chronic or respiratory disease. On the other, the urban function-spatial issues are the aforementioned. How could the city be prepared and respond to it in a more effective way? Following the previous recommendations (problem attributes overlaid with cultural mapping), a possible way forward could be the following:

1. Identifying gentrified and gentrifying areas: It is in these neighbourhoods where old people mostly reside and suffer high levels of exclusion (McMaster 2018). They are less likely to move from their original homes, unless the economic situation is critical. Also, due to declining attendance, buildings and spaces for social bonding shut down, being subject to change into a private use, and therefore, reducing the community assets during an emergency.

2. Identifying heritage buildings and public services: These spaces fulfil two main functions, they are an asset for social cohesion, serving

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The home of a land surveyor lays partially in the province of data measurement and geospatial analysis, domains ruled by coordinates and three-dimensional mathematics. As complex and intangible as these calculations are, they're being applied on a place inhabited by people, on social and cultural platforms where spatial data has to be balanced against environmental concerns. Just to clarify the point, the skills being leveraged by a surveyor in a town planning situation are certain to affect the social dynamic within the town. The responsible planner must therefore be as aware of the pulse of the people living there as he is of local legislation, for people will be living and growing within the finalized project.

Town planning balances abstract disciplines against real life values. There's the visualization of streets and roads to consider, the connection of utility services, the urban complexes that support family life, and, finally, the work places where men and women work to support newly grown commercial districts. This is a living body, one that breathes and stretches to accommodate new inhabitants. The development of the town is supported by the arteries of transport routes and the connecting organs that are schools and hospitals. Additionally, the town planner has the duty of allowing this newly developed space to grow, a principle that switches the metaphor from that of a human body to that of a healthy tree. The limbs of the tree need space to feel the sun, meaning all of those communal elements being built by the construction company must be partnered with a proportionate amount of open space. Parks and cycle routes answer this demand, but local town authorities are always on hand to amend these intrinsic human needs, adding a new commercial district or an oversized town centre.

The duty of the town planner then is to illustrate how these new features fit in with the overall shape of the town. Do new road networks need to be constructed to prevent clogs? Will urbanization crush a flourishing boutique district or destroy the harmonious space-to-building ratio set in place by the planner. These questions and others are answered by the town planner as he or she puts signature environmental markers on the final plan, allocating street space for wider pavements and a border of evergreen trees. Without this very human planning influence, the town could end up as a grey and unremarkable patchwork of urbanized space, an area dominated by industry or commerce. Therefore, balance is one of the hallmarks of a top town planner.

Determined to have a finger on the pulse of the development properties as they're allocated, a town planner does interpret geospatial data. But remember, this is a social platform, a place where life is seen in all of its glory. As such, the town planner has a responsibility to listen to local businesses and town authorities. The professional survey will construct a plan based on geographical features and the underlying infrastructure of the area, but that plan is reinforced and shaped by town legislation and public opinion.

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The information in this column is not intended as legal advice but to provide a general understanding of the law.

The most common source of boundary problems in rural lands is simply the passage of time. Large tracts of land often stay in the same families for decades. During that time, there is usually no reason to have the property surveyed. Also during those long stretches, friendly relations develop between neighbors, accommodations are made and things are fine between neighbors for many years.

Unfortunately, good neighbors eventually die and their heirs, who do not live in the area, wind up owning the land or selling it to someone else who is not from the area. At that point, long-standing but undocumented understandings are lost or suddenly no longer recognized. Neither the seller nor the buyer is familiar with the land or its history, and the survey makers placed or referenced over 50 years earlier are no longer where they were. Old stakes and witness trees are long gone. River banks and stream beds have drifted to new locations. There may be precious little physical evidence of the correct property boundaries.

Sometimes the discrepancies are within the original legal description itself. Sometimes there are conflicting descriptions between adjoining properties. Water boundaries, shore lines, river banks and stream beds present their own set of challenges.

I hope the information provided here provides some clarity as to the purpose of a survey and when one is necessary. However, if you have a question regarding a survey, you should contact the surveyor who prepared the survey, a local surveyor or an attorney familiar with real estate.

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A land title or certificate of title is a formal document outlining the rights a person or people hold in a piece of property. While commonly used to confirm ownership of the property, a title can also help prospective purchasers and land owners understand more about existing liens, usage rights, easements, natural resource rights, and other rights. If a property title does not list your name, another party may legally own the property.

A title is not the same as a deed.
Deeds are legal instruments used to transfer a title from one party to another. The deed outlines the terms of the transfer including the parties involved and the parcel of land

A title proves ownership.
Barring a valid legal dispute, a land title serves as an authoritative record for land ownership. Without the appropriate title, the legal system will not recognize an unfiled deed or informal contract.

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

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

Duly completed Land Form 1c (Sworn to)

Certified True Copy (CTC) of root of title

Deed/Instruments of transfer (3Nos.) with chartable survey plans annexed

Passport photographs (4Nos.) (Assignee only)

Certificate of incorporation/Registration: Companies/Registered bodies (assignee only)

Site photograph with date & time

Site location sketch

Receipts for charting and endorsement (N10,500)

Applicant’s/Agents means of identification
Covering letter with functional telephone line(s) and e-mail address(es)
( as copied from the land bureau)

Some years ago, I stumbled upon a discussion by some people (who are not legal minds) on the issue of legal title over land and they all concluded that the highest and safest form of legal title over landed properties in Nigeria is the one conferred by the Certificate of Occupancy issued by the government.

They safely gave this conclusion on the fact that the Land Use Act of 1978 (the main legislation on real estate in Nigeria) has transferred the ownership of all lands to the government and it is the government that can pass such ownership title in respect of land to individuals and corporate entities via the certificate of occupancy. I then intruded into their discussion and informed them that this is not the position of the law. The law actually recognizes five types of legal land ownership in Nigeria and the certificate of occupancy is just one of them. In fact, there are many instances where the court has nullified a certificate of occupancy where the root of title is not found in one of the types of legal ownership recognized by the law.

Thankfully on Wednesday the 9 of June 2014, the Honorable High Court sitting at Ota Ogun State awarded judgment in favour of my clients in respect of a vast expanse of land in Ogun State where the information I passed to the discussants above was further highlighted and reiterated.

I will therefore highlight these five types of legal ownership for the purpose of informing Nigerians and non Nigerians on this position of the law because I believe that information is power.

The Supreme Court in the case of ELEGUSHI V OSENI (2005) 14 NWLR (PT 945) AT 348 aptly stated the five types of legal land ownership in Nigeria and they are as follows

1, By traditional evidence.

2. By acts of Ownership extending over a sufficient length of time which acts are numerous and positive enough to warrant the inference that they are owners

3. By acts of long possession and enjoyment of the land in dispute

4. By the production of the documents of title which must be authenticated

5 By proof of possession of connected or adjacent land in circumstances rendering it probable that the owners of such connected or adjacent land would in addition be the owners of the land in dispute.

I will try and explain each of these types of ownership:

1, BY TRADITIONAL EVIDENCE. The Nigerian law first and foremost gives recognition to traditional or customary land ownership notwithstanding the Land Use Act. This means in effect that people who have “founded” and “settled” on land over the years in the olden days are deemed to be the owners of such land. Consequently the title of traditional land owners is legal, proper and genuine. They need not have certificate of occupancy to prove their land ownership

2 BY ACTS OF OWNERSHIP EXTENDING OVER A SUFFICIENT LENGTH OF TIME WHICH ACTS ARE NUMEROUS AND POSITIVE ENOUGH TO WARRANT THE INFERENCE THAT THEY ARE OWNERS. The Nigerian law also gives legal ownership over land to people who cannot by positive traditional evidence show how they “founded” or “settled” on the said land if they can show that they and their ancestors have lived on the land for years without being challenged.

3, BY ACTS OF LONG POSSESSION AND ENJOYMENT OF THE LAND IN DISPUTE. Where the land owner cannot prove their land ownership by positive traditional evidence or show that their enjoyment of the land is not challenged or controverted , but if they can show that their adversaries in respect of the land have failed to take positive legal steps to “wrestle” the ownership land in dispute from them over a long period of time, they will then be deemed to have legal ownership of the said land

BY THE PRODUCTION OF THE DOCUMENTS OF TITLE WHICH MUST BE AUTHENTICATED: This cover all instances of formal land documents which will include the certificate of occupancy and other documents issued by the government

It is very important that such documents of title must be premised and authenticated upon the earlier mentioned roots of title. Consequently, a mere certificate of occupancy will not confer legal ownership if it can be shown that the root of title is defective. A certificate of occupancy procured through fraud and misrepresentation will be set aside and considered to be of no legal effect whatsoever.

It is therefore very important that all prospective purchasers, investors or dealers in respect of real estate or landed properties must conduct investigation and ensure that the root of title of such documents of title is good, proper and founded on other evidences of title ownership before any reliance can be placed on them

BY PROOF OF POSSESSION OF CONNECTED OR ADJACENT LAND IN CIRCUMSTANCES RENDERING IT PROBABLE THAT THE OWNERS OF SUCH CONNECTED OR ADJACENT LAND WOULD IN ADDITION BE THE OWNERS OF THE LAND IN DISPUTE.: This would probably occur where there is no dispute that a particular vast expanse belongs to a particular persons or persons. Such persons would also be deemed to be owners of smaller surrounding parcels of land if there is no other evidence to the contrary

It is therefore very important that all investors and dealers of real estate in Nigeria should arm themselves with this piece of information in order to protect their investment.

as copied.

Right of Way
It is a given fact that thoroughfares such as highways, streets, roads, footpaths and sidewalks are public rights of way. A right of way or an easement as it is otherwise known, is a Common Law property right which confers a non-possessory interest to use real property in the possession of another person for a stated purpose. Simply put, it is a legal right of passage over another's property. A public right of way is therefore a right granted to the general public to travel on or make use of access ways.
(Excerpt from Mondaq article)

In Nigeria generally, by implication of certain provisions of the Land Use Act, what we have are public roads/highways. Even if one proceeds to contend that a road is a private one, then he has the onerous burden of proving such assertion. In fact, the law as was espoused in Seismograph Service (Nig) Ltd. v. Eyuafe (1976) 1 F.N.L.R. 172 is that where the public has used a road for so long a time and the road has come to be looked upon as belonging to the public with the owner's acquiescence, a Court may regard it as evidence that the owner has offered it to the public.

Further on the issue of gates and barricades, some homeowner's have formed vigilante groups amongst themselves. The street goons too have taken a cue. These two groups have declared the protection of property and the security of the neighbourhood as the chief reason for their actions. In some cases these groups, particularly the latter, have been known to discourteously question and, on occasions; assault such road users who stand up to challenge their actions.

A case of Public Nuisance?
It can be argued that the act of erecting barricades or any type of obstruction to a public accessway constitutes an act of Public Nuisance. Clerk and Lindsell on Torts, 17th Edition describes Public Nuisance to wit:

"....Nuisance is an act or omission which is an interference with, disturbance of or annoyance to, a person in the exercise or enjoyment of (a) a right belonging to him as a member of the public...."

In the case of Obasa v. Savage (1931) 10 NLR 104 the Plaintiff widened an existing narrow road to make it fit for vehicular traffic, he then erected a gate across the entrance to the road to enable him collect tolls. The Defendants broke down the gate and the Plaintiff sued for damage for trespass. Butler Lloyd, J. held that the Plaintiff had neither the right to set up the barricade nor collect tolls on the road; hence, the Defendant had a right to abate the nuisance. It is submitted that where road users are harassed and their usage of roads for ingress and egress hindered, the action constitutes a Public Nuisance. It is further submitted that it is of no moment that the Obasa's case bordered on tolls; the substratum of the judgement was that the Plaintiff had no right whatsoever to obstruct access to a public road. At the expense of repetition, a Nuisance, in this context, is anything that annoys a person, interferes with or disturbs his right to enjoyment of a public right. Surely, when a person is being harassed, queried or irritatingly obstructed for exercising his right on the pretext that the right to security of another is ostensibly at stake, in the present context, the right of the former must take priority and an action in Nuisance may lie.

Land surveys are an important process of evaluating the physical state and the associated rights of a property, and function as far more than a simple establishment of the borders of a section of land. Even if the boundaries of a parcel of land remain constant, the manner of use of the property and even adjacent properties can change over time and must be accounted for.
Outdated land surveys do not reflect any of these new changes and are thus ineffective in many legal transactions regarding a specific property.

What Could Change?
There are many aspects to a property and the surrounding properties that can be altered over time that call for an updated survey plan. New buildings could have been built, either in a city or residential setting, that inadvertently encroach upon an existing property line. The property lines of a piece of land could be altered as well; for example, a street widening project could occur in front of a property, reducing the foremost boundary of the property by the equivalent amount of the widening.

Who Should Perform A Survey Update?
Updating a land survey plan involves the reassessment of the features and information displayed in a previous survey so that they accurately reflect the current state and boundaries of the section of land. It is highly recommended that Registered surveyors should produce an updated plan

The Many Applications of an Updated Survey Plan
There are many scenarios in which an updated survey plan is either legally necessary or allows for a much easier process for whichever transaction is required.
Buying or selling a property should only be done with an updated survey plan. Someone who is buying land would not want to receive less land than what they’ve paid for and are legally entitled to, and someone selling a piece of land would want an accurate assessment of the property to determine a reasonable base price and to also ensure the buyer receives the exact amount of land they are entitled to.

Applying for a building permit often benefits from, if not requires, an updated survey plan. It is imperative for a contractor or residential landowner to be fully aware of the property lines of both their own property and the adjacent properties to avoid any future disputes with neighbors or city officials.

In the same vein, an updated survey plan is invaluable in resolving existing disputes over property boundaries, as it provides both parties a distinct legal presentation of the boundaries in question.

To learn more about updated survey plans and how they can benefit your next project, contact GEOMARTINS & ASSOCIATE
(We are team of Registered Surveyors and Town planners)
07031848986


All of us at GEOMARTINS & ASSOCIATE wish our esteemed Clients and well wishers a very merry Christmas celebration. May the joy and blessings of the season remain with you and your loved ones all through the year.

Flowing from the reactions with respect to the Legal status of the Certificate of Occupancy, it becomes incumbent to state clearly the good and the bad roots of title to land in Nigeria. They are as follows:
EXAMPLES OF DOCUMENTS CONSTITUTING GOOD ROOT OF TITLE
1. Deed of gift: This is because a gift of land is permanent
2. Duly perfected Deed of Assignment: This is because it transfers unexpired term
3. Deed of legal mortgage: This is because it transfer legal interest
4. Land certificate-Title acquired by a subsequent purchaser of registered estate under the RTL (Registration Title Law)
5. Certificate of purchase: It certifies sale of land pursuant to a court process.
6. Assent (PCL)and probate
7. Deed of Conveyance: It was in force before the the advent of the Land Use Act. It gives absolute title forever, without the payment of any ground rent. Unlike the C of O, where the grantee is made a tenant for 99 years, coupled with payment of ground rent every year. else, it is revoked.
EXAMPLES OF DOCUMENTS CONSTITUTING BAD ROOT OF TITLE
a. Lease: This is because it transfers only possession not title
b. Licence: It is because because the holder is only to keep the property
c. Will
d. Power of Attorney: The Donee is only acting for the donor.
e. Unregistered deed of assignment.
f. An equitable mortgage, does not covey the legal interest
g. Certificate of occupancy; (is alone not sufficient evidence of title because it can displaced-OGUNLEYE V. Oni.

As Surveyors, please watch out.

Missyluci:
Are you a surveyor?

yes 07031848986

Due to the failure on the part of some surveyors to carry out their task in line with the stipulated rules and regulations, there have been cases of defective/ wrong /incorrect survey plans being produced.
The ignorant reliance on these survey plans by the clients have led to many of them losing their land to the adverse party.
In the case of Alade v. Dina 17 NLR Pg. 32, the court held thus: “if there is variance between the plan and the area claimed, the plaintiff’s action for declaration of title must fail.”
The Supreme Court further affirmed this principle of law, in the case of Ogedengbe v. Balogun (2007) 30 WRN 47, where it held thus: “indeed, it is also settled that an inaccurate plan, will defeat a plaintiff’s claim; this is also the case, if the description of the land in dispute, contradicts the plan.”
As such, surveyors must be conscious of the fact that they owe their clients absolute duty of care as professionals, while carrying out survey exercise, leading to the production of plans. The parcel of land might be a subject of litigation in the near future and the clients are bound to rely on the plans prepared by the surveyors over the parcel of land.

In an action for declaration of title to land, the plaintiff/claimant has to choose from two ways of discharging the description of the land in dispute. The two ways are as follows:
i. By leading credible oral evidence which describes with a degree of accuracy the land in dispute, such that will guide a surveyor called upon to produce a plan of the land in dispute. See Arabe v. Asanlu (1980) 5-7 SC 78.
ii. By filing a survey plan showing the extent of the land claimed and reflecting all the necessary features on the land with clear boundaries. See Alhaji Adebola Olakunle Elias v. Chief Timothy Omo-Bare, (1982) All N.L.R 752.
The literal meaning of the first way is that “ a Surveyor can perfectly prepare a survey plan (showing the area, coordinates, size, location, shape, boundaries and dimension of the land) from the oral description of the parcel of land by the client, without the surveyor going to the site at all.” I leave this aspect to the Surveyors to decide if this is really possible or not. But the Supreme court has made the order and it is final until it set it aside, whether the Surveyors deem it correct or not and this is where SURCON comes in to create some form of awareness in this regard, as the Regulatory body.
However, the Supreme court did affirmed in Arabe v. Asanlu (1980) 5-7 SC 78, that “a survey plan prepared by a licensed surveyor is the best way of discharging the onus of establishing an entitlement to a piece of land.”

Surveyors need to be very careful in establishing the right of the clients over a parcel of land first, before engaging in the surveying exercise, in order to be sure that the clients have the right of ownership to the parcel of land. This is because the activities of the surveyors have serious legal implication on the parcel of land and the client, so that the surveyor will not give undue power to the clients.
The Supreme court held in the case of Majekodunmi & ors v.Abina 1,S.C.J.L.P.123 that " the process of carrying out the cadastral survey of a parcel of land, including the demarcation of the parcel of land with survey beacons, or even pegs is enough act of possession."
Hence, the surveyors should not just rush to site, they have a duty to ascertain the right of their clients to the parcel of land.
(credit to Surv Barr. Ogbebor)

It has been observed that the most surveyors prepare dispute plans with many parcels of land contained in the plan, verging them with different colours to distinguish the land in dispute from other adjoining parcels of land. This is not the right way of preparing a "dispute plan". As the name goes, a dispute plan must contain , just "the land in dispute".

In a matter bothering on the declaration of title to land in Nigeria, both the plaintiff(s)/claimant(s) and the defendant(s) are in dispute over one and the same parcel of land; that is, the same parcel of land being claimed by the plaintiff(s), is the same parcel of land being claimed / occupied by the defendant(s), that is the reason for the dispute.

The dispute plan therefore, contains the parcel of land (just a polygon) jointly claimed by the parties as their land, upon which they want the court to determine the true owner through the evidences adduced by them. See Dosunmu v. Joto (1987) 4 N.W.L.R (pt.65) 297 at 311

(Credit to Barr. Ogbebor)

without compromising the Dam integrity. This implies that approximately 548mcm had
flown into the dam from upstream in the first twenty days of the month of October.
Presently because we have lowered the Gates 1,2 3 and 4 to 9%, 8%, 8%, 9% respectively
based on the directive from Managing Director/CEO, in response to appeal made by people
downstream most especially people living in the flood plains of the Ogun River basin and
riparian catchments.
Presently, the Oyan Dam itself has gained the height of 33cm within the 48 hours and we
only have 29cm height left to reach the Design Height as at 12noon of Monday 21st of
October when this report is being written.
In keeping with the Social Responsibility and Responsiveness profile of the Authority,
Management had in recent past conducted investigation into the recurring flooding issue. A
further survey of the Basin and the affected areas initiated by the Ogun State Government
with our participation had shown authoritatively that the present flooding of the plain of
Ogun River is as a result of a number of factors.
These include:
(i) The potential aftermath of impact of Global climate change which has
resulted into exceptionally high and prolonged rainfall experienced
nationwide this year, as earlier predicted by NIMET. The subsequent effect is
a rise in the Atlantic Ocean level forcing Lagos Lagoon Water level to rise and
spread into the flood prone area of Ogun River;

(ii) A vast area of land (about 120 sq km) lying between Ikorodu/Kosofe/Ilate is a
flood plain which is directly under the influence of back flow from the Lagos
Lagoon. This area is shared by both Lagos and Ogun States.

(iii) Heavy Run-off and flows of water from tributaries of River Ogun and the
Ogun River itself which could have flown into the Lagos Lagoon if not for the
back flow of water from the Lagoon itself, as explained above.

(iv) There are many tributaries that flow into Ogun River. Therefore, water from
Oyan River, into which the water released from Oyan Dam flows, from is only
a small fraction of the Aggregate Rain Water flowing into the Ogun River
from these tributaries which include: River Ewekoro, Opeji River, Eredu River,
Iwofin River, River Ore at Oba, River Afojupa, River Orogbo, Sokori River,
Owiwi River and Abijire River, among others.

(v) Unfortunately, the flood plains identified above have continuously been
taken over by Property Developers who built Residential Estates
indiscriminately and recklessly in the areas either out of ignorance or sheer
underestimation of the devastating effects of Flooding, thereby causing
obstruction to the natural free flow pathways of water.

(vi) Infact, some of Projects coverage areas being used for wetlands agricultural
development have been encroached upon by the menace of land grabbers at
Owiwi, Oyan dam, Itoikin, Igan Alade, and Middle Ogun Projects

From the above clarifications, it is pertinent to note that the Dam and Reservoir Operations
of the Oyan Dam Project is being carried out by the Ogun Oshun River Basin Development
Authority, in line with scientific and technical standards of International best practices,
keeping in mind the urgent need for the safety of lives and property both upstream and
downstream without compromising the integrity and structural stability of the Dam.

Thank you.
Olufemi Olayemi Odumosu,
Managing Director/CEO,
Ogun-Oshun RBDA,
Abeokuta
21st October, 2019

The Radial Gates and Valves through which Water Releases are made can be operated in at
least three ways with power supply from the National Grid, Generators and Manually by
the Operators in case of power failure or electrical faulty.
For this year, in preparation for the Rains and Floods as forecasted, the Butterfly Valve and
Regulatory Valve 1 & 3 were opened on the 22nd of May 2019 at water level of 59.53m above
main sea level for de-siltation and to create space to accommodate excess water for
proper Flood Control, while Gates 1 & 4 were opened gradually from 1% each on the 28th of
May 2019 to further create more space.
Since this time we have been lifting and lowering Gates so as to maintain Dam stability.
From records obtainable at the Dam Project site, it is recorded that the cumulative
Rainfall for the month of May, 2019 was 160.10cm while the Total Water Releases was
11.0mcm and this dropped the height of the Reservoir by 56cm down.
Also in June, Rainfall was 276.00cm while the Total Water Releases was 125mcm. The total
water level of the Reservoir dropped to 142cm.
In July, we have Rainfall of 57.6cm with increase in height of the Reservoir by 14cm with
Total Volume of Water Releases at 104mcm.
In August, Rainfall was 67.35cm while increase in height of the Reservoir came to 24cm with
Total Water Releases of 316mcm.
We observed much more rainfall in the month of September totaling 149.70cm which
increased the height of the Reservoir by 146cm with Total Level of Water Releases being
554mcm.
In the month of October, the rain pattern changed with us having rainfall of 59.3cm within
the period of 24hours given a sharp rise of 102cm within the four days which as a result
cause the dam to rise 0.2cm above 63m which is the Design height at normal full capacity.
In the next six days we were only able to reduce the height by only 50cm because of the
population of the people downstream.
Noting that the Design Capacity of the Dam is 270mcm from the Dam bed (bottom) and
between 1
st and 20th of October the total of approximately 474mcm volume of water was
allowed to pass through the four gates despite the fact that we held 74.82mcm volume

A PUBLIC STATEMENT ON THE WATER RELEASES AND FLOOD CONTROL
ACTIVITIES AND MANAGEMENT ON OYAN RIVER DAM PROJECT
(MAY 2019 – 21
ST OCTOBER 2019)
Ogun State harbors one of the two multipurpose Dams within the purview of the Ogun
Oshun River Basin Development Authority.
The Dam is Oyan River Dam which is part of strategic comprehensive development of the
water resources potentials of the Ogun River Basin and its watershed management.
The earth filled dam which is located on the Oyan River at about 15km North West of
Abeokuta city has a Reservoir Capacity of 270million cubic meters (mcm) covering an
approximate area of 40 square kilometers at a normal water level of 63m.
The average synthesized Annual Flow Volume of the Dam is average at 177Mcm against a
Gross Storage of 270Mcm. An Auxiliary Spillway some 400m long is provided about 1.1km
to the west of the Dam.
The Dam Design comprises of four radial gates for flood control and maximum releases of
water during the Rainy Season and three bottom outlets valves installed at 43.3meters
above main sea level for minimum releases of water in dry season.
The operations of these Gates are being carried out by a highly competent team of
Engineers, Scientists and Technicians.
The operation is being carried following Seasonal Rainfall Prediction of the Weather
Forecast of the Nigeria Meteorological Agency (NIMET) and the Annual Flood Outlook of
the Nigeria Hydrological Services Agency (NIHSA) and the Daily and Weekly Weather
Forecast.
The Rainfall, Reservoir Water Levels and Quantity of Water Releases are being recorded
daily by the Operators and are available and usually provided for scientific, engineering
and academic researchers.

The Characterization of Surveyors by the Lagos State House of Assembly.

On the 26th of August 2019. The Lagos State House of Assembly at its plenary debated a motion by an Hon. Agunbiade calling for the review of the Survey Edict of the State to check what he claims is the Nefarious Practice of Surveyors in the State.

The Surveyors were blamed for the numerous land in disputes and also of so many other things if summarised would be simply put as being completely incompetent.

The Office of the State Surveyor General too was not spared as the motion called for its overhaul and finally the need to activate a disciplinary committee which was provided for in this 1984 Edict but would or might include other professionals. Hmmm Surveyors just had to be checked.

As a Surveyor who was trained nurtured and has practiced in Lagos for over 20 years. I felt i should say a few words about this.

First of all let me start by saying its a good thing that the Surveying profession is getting this deserved attention from the legislators of the State. For so long we have tried to get first their attention and hopefully their support to move Surveying to the next level.

However, it is very unfortunate if truly the Honourable members of the house should put all Surveyors in a box and label them bad. Seriously, that cant be true and i want to give them the benefit of the doubt.

But before we get into the details i need to highlight some facts on Surveyors and Surveying in the state of Lagos.

Lagos state has the highest number of Surveyors in the country this could possibly true also for the whole West Africa.

With well over 500 Registered Surveyors and just as many professional practices.

The Lagos state branch of the Nigerian Institution of Surveyors is its most sophisticated branch which prides itself as having produced the highest number of Secretary Generals and Presidents of the Institution. When this is considered against the backdrop that the Nigerian Institution of Surveyors is Nigeria's second oldest professional body. That speaks a lot.

The practice of Surveying in Nigeria is very high in Lagos. While the Office of the Lagos state Surveyor General is definitely the most sophisticated and advanced in the country.

Surveyors in Nigeria undergo the most rigorous training before they are professionally qualified.

Through its Regulatory body the Surveyors Council of Nigeria and its enabling act CAP425 the profession is fully administered.

By virtue of its professional body the Nigerian Institution of Surveyors established in 1934 Surveyors have been continuously groomed and had their knowledge base updated.

Clearly from the above its is very obvious that Surveying and Surveyors are thoroughbred professionals. By the grace of God this is a status that has been internationally been acknowledged. Certainly we are not just there trying to scrape a living.

Now i am not saying we are all perfect. If we were we would not require regulation. But who is really? Patients die ( Doctors) , Buildings Collapse ( Engineers, Builders), Legal cases are lost ( Lawyers). These professions are not all boxed and labelled bad.

If there are cases of professional impropriety it is good such is brought to the notice of the Surveyors Council who alone is empowered by law to investigate and discipline erring Surveyors.

However, it must be stated that each such case must be taken on its own merit. As Surveyors we are aware that many clients choose not to patronize the professional Surveyor under the guise that the fees are too high or they are too rigid and refuse to follow some special requests that run against their ethics and standards. Other clients sort of bundle their Survey with other aspects of land acquisition to a third party who does the same - looks for a pseudo surveyors in order to cut costs.

For years we have battled cases of forgery and impersonation. In fact we are on a case in court right now like that.

Being a very dynamic profession our practitioners have had to retool regularly to be in line with the trends emerging in the profession. Our processes from start to finish are completely digital. We are very much at home to Satellite cum GPS technologies and pride ourselves as owners and operators of these equipment. In terms of personnel we also have a robust class of technicians, technologists and professional Surveyors who guides the work being done.

All our work are guided by tested standards developed for use by the Regulatory body SURCON.

From the foregoing its clear that the practice of Surveying in Lagos State is in the hands of reliable professionals.

So why these problems?

The issues will continue to be there and can only be abated if the following steps are taken.

1. There is an urgent need for all to understand that for all Survey works a qualified and certified Surveyors must be engaged and directly.

2. The office of the state Surveyor General should be supported to deliver of the required support framework to ensure consistent results from surveys undertaken in and within the state.

3. There should be greater transparency and collaboration between government agencies and the practitioners to ensure consistent results.

4. The public served should be firth coming with information on the activities of quacks and also report cases of bad jobs to the regulatory and professional bodies.

In conclusion, i again want to appreciate the members of the Lagos State House of Assembly for this initiative which i hope will not stop with us Surveyors but will spread to other professions. I also hope that they will ensure that the Surveyors are engaged in a robust discussion to as to have a better understand of the issues at stake. This the Surveyors are most willing to do. I assure them we are respectable people who put the interest of the public that we serve on a very pedestal.

As for our State Lagos we will play our role to ensure its development and the prosperity of its people.

- Surv. Olumide V. Adewebi fnis
16th Secretary General of the NIS
Past Secretary General of the APBN
Chairman NIS Lagos Practice Monitoring Task Team

The Lagos State House of Assembly will soon begin a review of the state’s survey law with a view to curbing the activities of some surveyors.

This resolution followed a motion moved by the majority leader, Sanai Agunbiade, during plenary. He stated that it is important to curb the nefarious activities of surveyors in the state

“The state has the smallest (swath of) land in the country, yet the ownership and control of land usually leads to crisis. The level of impunity is becoming so high based on the activities of some surveyors in the state.

“We have laws that regulate the activities of surveyors in the state. Section 16 (1) of the state’s survey law in the state gives the House powers to control the activities of surveyors in the state.

“This House has dealt with crisis on issues concerning land and these arose from improper information in the survey plan. We have seen cases where surveyors collected money from people and said the land was not under acquisition whereas it was under acquisition.

“They give wrong information to land owners and cause disputes among people. Many people who own land lose the land due to misinformation in the area of survey. That was why we searched for the law so that this could be corrected,” Agunbiade said.

In supporting the motion, Rasheed Makinde (Ifako-Ijaiye 2) said the Surveyor-General’s office does not do digital survey and that some of the instruments used for survey in the state are obsolete.

“Incompetence of the technicians is another issue. The surveyors use intuitions to determine the land that is free so we need to overhaul the office of the surveyor-general.

In his contribution, the deputy majority leader, Olumuyiwa Jimoh (Apapa 2), stated that the Surveyor Registration Council should be proactive in disciplining their erring members.

He added that surveyors should stop the habit of sitting in the office and sending draftsmen to the field.

Also speaking, Rotimi Olowo (Shomolu 1) said that there was a law passed by the House to deal with erring surveyors. He advised the state to look into the issue of equipment for surveyors.

He added that the state had been having problems with allocation of land because there was no good record-keeping in the office of the Surveyor-General.

The Speaker of the House, Mudashiru Obasa, then set up a committee headed by Abiodun Tobun to review the survey law of the state and submit its report.

In Nigeria, Surveyors are registered by the Surveyors Registration Council of Nigeria (SURCON).

The SURCON is a statutory body responsible for establishing and maintaining the competency and educational standards for Registered surveyors, maintaining a register of Registered surveyors and managing disciplinary procedures.

A Registered surveyor is the only person legally entitled to undertake a survey to mark the boundaries of your property.

A Registered surveyor will define your land boundaries and upon request should provide a certified plan that confirms the work has been completed correctly.

It’s vitally important to understand that surveys prepared by Non-Registered surveyors do not have legal standing and will not be recognised as evidence in the event of a boundary dispute.

It’s not worth the risk, so make sure you only use a professional to survey your land.

For structural renovation or development projects, a type of survey may be required, which is called an Existing Conditions Survey or a As-built Survey.

A qualified land Surveyor will survey the site to provide information including the location of both natural and man made features such as buildings, trees and fences, the slope of the land, building heights, road features and any utility services that are currently present.

If your project requires the service of a town planner, the adjoining property buildings are also surveyed including the location of habitable windows, doors, roof ridgelines and eaves

Note that In areas close to waterways, or in flatter parts of land, the location depth and heights of drainage and sewer infrastructure is also vitally important.

This information can often determine future dwelling floor levels or the ability of increased density developments to be serviced as existing infrastructure may not have capacity.

What happens to the land survey information?
By using specialised equipment such as levels, electronic theodolites, tapes and Global Navigation Satellite System (GNSS) units, surveyors can accurately measure land and define boundaries.

Once they have surveyed a property, they draw up a plan for their client and if necessary, lodge the record copy with the relevant agencies

The boundaries registered by land surveyors are then recorded in the State’s land information system, which includes the boundaries of privately owned and government land, survey plans, survey field records, ownership information, easements and other land information.

*Functions and Activities
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:

*Land Instrument and Registration Law, CAP L58 (Laws of Lagos State 2003)
*Registration of Titles Law, Cap 4 (Laws of Lagos State 2003)
*Registered Land Law, Cap R1 ( Laws of Lagos State 2003)
*Registration of Titles Law, (Laws of Lagos State 2015)

The Land Registry coordinates the following:

*Storage of proper records of all Land transactions in Lagos State
*Registration of Deed/Assent/Vesting Deed, Court Judgment, Deed of Release, issuance of loss of documents, Certified True Copy (CTC), and conducting search.
*Registration of instrument affecting Land in Lagos.
*Administration of the Electronic Document Management System (E.D.M.S).
*Scanning of Title Documents commenced in February, 2005; so far more than 10.5 million pages of Title Documents have been scanned and achieved;

REQUIREMENTS FOR REGISTRATION OF THE FOLLOWING DOCUMENTS:

VESTING RIGHTS
DEED OF ASSENT – Letters of Probate / VESTING DEED – Letters of Administration
Appllication letter addressed to the Registrar of Titles requesting to register a Deed of Assent/Vesting Deed– with functional telephone lines and e-mail addresses
Two copies of Deed of Assent/Vesting Deed
– Deed must be dated, signed and each page initialed
– Passport Photographs of all the Administrators/Executors to be attached to the Deed
– Front cover of Deed must be signed and sealed by Solicitor that prepared the Deed
– Spiral/Book binding
Certified True Copy (CTC) of Root of Title
Certified True Copy (CTC) of the Letter of Administration/Will
Sworn Affidavit deposed by the Administrators/Executors attesting to the vesting.
Original (for sighting) and 1(one) copy of a valid means of Identification of all the Administrator(s)/Executor.
Payment Receipts

FOR LOST/DESTROYED TITLE DOCUMENTS:
CERTIFICATE OF OCCUPANCY- EXTRACT OF TITLE DOCUMENT:
Application letter requesting for an Extract of Title document – with functional telephone lines and e-mail addresses
2 (Two) copies of the following information/documentation (spiral binding):-
– Affidavit of Loss (passport photograph attached)
– Police Report on the missing document with full details of Title
– Newspaper Publication in a National newspaper (i.e. ¼ (quarter) page)
– Certified True Copy (CTC) of the Title document
2 (Two) Extra sets of colored passport photograph (5 by 5) with white background
Valid means of Identification of the Applicant (1(one) copy and Original (for sighting)
Letter of Authority (where application is being processed on behalf of title holder)
Original and Photocopy of Payment receipts

LAND CERTIFICATE – ISSUANCE OF NEW CERTIFICATE:
Application letter requesting for the issuance of a new Certificate
2 (Two) copies of the following information/documentation (spiral binding):-
– Affidavit of Loss (passport photograph attached)
– Police Report on the missing document with full details of Title
– Certified True Copy (CTC) of the Title document
2 (Two) Extra sets of colored passport photograph (5 by 5) with white background
Valid means of Identification of the Applicant (1(one) copy and Original (for sighting)
Letter of Authority (where application is being processed on behalf of title holder)
Original and Photocopy of Payment receipts

COURT JUDGEMENT:
Application letter requesting for the Registration of Judgment
2 (Two) Certified copies of the Judgement or Writ of Execution with particulars of the land, sub-lease or mortgage for registration.
Certified True Copy (CTC) of the Title document
The survey plan referred to in the Judgment or Writ of Execution
Letter of Authority (where application is being processed on behalf of title holder)
Original and Photocopy of Payment receipts

DEED OF RELEASE:
Application letter requesting for the Registration of Release of Mortgage/Charge
2 (Two) copies of Deed of Release (duly stamped)
– Deed must be dated, signed and each page initialed
– Front cover of Deed must be signed and sealed by Solicitor that prepared the Deed
– Spiral/Book binding
Certified True Copy (CTC) of the Deed of Mortgage
Letter of Authority (where application is being processed on behalf of title holder)
Original and Photocopy of Payment
OBTAINING CERTIFIED TRUE COPY (CTC) / E-SEARCH
Duly completed Form 3 (Search)/ Form 5 (CTC)
Original of Payment receipts