UNDERSTANDING LAND DOCUMENTS

When acquiring Lands in Nigeria, whether personally or through a Lawyer, it is important you verify that the title and documents been passed around by the Vendor and ensure its soundness. However before we go into the theme of the post you should first be aware of some recurring words in land transactions.

• Title: ln land law, title is a bundle of rights in a piece of property  in which a party may own. In this case the right of the person trying to sell the land to you. This right may be legal or equitable interest. For instance, when you rent a house from a Landlord and the tenancy has begun, your Landlord's interest on the property is legal while yours is equitable. Thus it belongs to you during the term of the tenancy. The rights in the bundle may be separated and held by different parties. Thus it is possible for a plot of land held by one Vendor to be sold to different parties. All he has to do is divide the property but the title is one. It may also refer to a formal document such as a deed which primarily serves as evidence of ownership.

• Vendor: A person or entity offering something for sale. In land transactions, this is the person trying to sell his land to you. The term changes fluidly between Vendor to Assignor depending on which document you possess. Either way it means the same thing. When the Vendor sells to you, he transfers his interest in the land to you.

• Encumbrance: An encumbrance is a burden , handicap like a defect. In relation to land it means there is something wrong with the land and this may restrict the right to transfer title in land to another. A lawyer who conducts a search on an encumbered Land would often tell you not to buy. There is a high likelihood of trouble in the future.

Bearing the foregoing in mind, we can then delve into the substance of this post. So basically in Nigeria, there are different documents touted around to prove interest and title in land. Some of the common ones are: Survey Plan, Excision, Gazette, Deed of Assignment, Certificate of Occupancy and Governor's Consent. A brief appraisal of each below:

 

• Survey Plan: It is a document that shows the accurate measurement and description of a land. It is drawn up by a qualified Surveyor. A good survey plan will show the name of the owner of surveyed land, the address of the surveyed land, the size of the surveyed land, the drawn out portion of the land surveyed, the beacon numbers, the name of the Surveyor who drew up the plan and the date it was so drawn and importantly to our case here; a stamp showing the land is free from government acquisition or not. The importance of this little information is that no matter how good a title seem or whether it has been perfected, if a land is a subject of government acquisition, it will eventually revert to the state when the Governor is ready to use it and hear this, your land will be acquired without ANY COMPENSATION been paid to you for your troubles. When the above requirements are present together, then by all means you can take a step further in your plans to buy.

• Excision: The Land Use Act (LUA) of 1978 vested all lands in the state in the Governor of the state. Subsequently, the ownership of all lands were then acquired solely by the state. The right to then transfer or apportion parts to individuals for residential, commercial or agricultural purpose is thus vested on the Governor. However, because of the traditional method of ownership of land that was previously vested in communities, traditional families and so on, the state had to come up with an arrangement that was mutually beneficial to the state and communities. So while the Governor has rights to all the lands in the state, it would usually apportion a part of the mass to the traditional heads and communities to do with as they wish. The process of doing this is what is termed an excision. The "excised" portion will then be documented in the Gazette.What this means for a prospective buyer again is that you are assured that the piece you are about to buy is free from government acquisition or interest. If it then happens that the State subsequently require your land for "public interest" purposes then you will be given commensurate compensation for the value. 

• Gazette: A gazette is an official publication by an institution. In relation to land, it is a document detailing excised portions by the state. it shows the communities that have been granted excision and the total portion issued to them. It therefore means that those communities can only transfer to others within those portions spelt out in the gazette. Anything outside of that is a contravention. Subsequently, a prospective buyer can examine the gazette and determine on a close examination by a professional whether the portion he or she intends to buy falls within the areas described in the gazette. If not ABORT MISSION!

• Deed of Assignment: This is a land document that transfers interest in land from the owner called the Assignor to another called the Assignee. Upon proper execution, it vest all interest in the land on the new owner (Assignee). It is preferable to have your Deed drawn up at the time of transaction; i.e. when cash is exchanging hands. Firstly because it is one of the series of document that validly transfers interest. Second because waiting until another time to execute may open you to exploitation from the land owner when you go for it. Thirdly because you really cannot register your interest in the land at the Registry if you do not possess it. Talk to your Lawyer who is the only professional qualified by law to draw up a land instrument on how to go about it. Do not let a typist prepare your Deed. That right is solely vested on a qualified Lawyer per the Legal Practitioner's Act of Nigeria.

• Certificate of Occupancy (C of O): It is a document issued by the states in Nigeria to landowners as a legitimate proof of ownership. It is usually issued for a term of 99 years in compliance with the provision of the Land Use Act (LUA). It is also only granted once to the initial land owner. All subsequent owners' rights are compounded on it upon satisfaction of other perfecting requirements as may be required by each states. In Lagos, when a land owner with a C of O sells his land to you, your interest will be registered on the existing C of O at the Land Registry when you obtain Governor's consent upon the new conveyance (transfer). Subsequently, the C of O will show a clear history of the transactions on the land till the expiration of the 99 years term.

• Governor's Consent: This is what makes the transfer of interest in land from the holder of a C of O to another valid in the eye of the state. If you buy a land from an owner that possesses a C of O and did not process the Governor's consent to the sale, it simply means that in the eyes of the State, Governor and by all means the law, the ownership of the land still vest in the holder of the C of O. It means you haven't perfected your title and this may be dangerous to your interest in the future as you haven't converted your interest to a legal one at best the Court might grant you an equitable interest but these are muddy waters you don't want to thread. Ensure you follow the provisions of the law to the letter to avoid troubles.

It is hoped that you find this article sufficient for your enquiries and if you have any further question or require the advice of a Legal Practitioner you can contact me on my email at mutairubasirat@gmail.com or simply speak to a Lawyer of your choice.