Land Registration Law, chapter 80 of 1925

land Registration law CHAPTER BO LAND REGISTRATION LAW ARRANGEMENT OF SECTIONS SECTION I. Short tit le. 2. Interpretation. Land Registry 3. Land registry. 4. Appointment of registrars. 5. Registers and documents to be kept. lmtr11mcnts, the Registration of which is Compulsory 6. Instruments executed after the commencement of the Law. 7. Instruments executed hefore the commencement of the Law. Requisites of Registration 8. (1) Proof of instruments executed by illiterates in Nigeria. (2) Proof of instruments executed out of Nigeria. 9. (I) Description and plan of land affected. CAP.SO 0 (2) Plans attached 10 State grants to be signed by a surveyor and countersigned by the Surveyor-General. 0 (3) Plans attached to other instruments to be signed by a surveyor. (4) Definition of terms. 0 10. Endorsement of consent in the case of certain instruments. 11. Validity of instrument. 12. Compliance with the requirements of this Law or prior enactment. 13. Registration of instmmcnl endol'8Cd on another instrument. Sanctions 14. Certain documents void for non-registration. 15. Inadmissibility in evidence. 16. Loss of priority. Method of Registration 17. (I) Instrument and copy to be delivered to registrar. (2) Certificate of delivery to registrar. (3) Registration. (4) Reiuni of instrument. 18. ()) When registration to be refused. (2) Return of rejected instrument. (3) Redelivery for registration. L-23 (Issue 1) CAP.SO Land Registration law Filing of Judgments SECTION 19. Copy of local judgments to be transmitted with plan. 20. Registrar to file copy of judgment. 21. Effect of filing. 22. Filing not to nffect v;1lidity. 23. Chief Judge may make rules of court. Miscellaneous 24. Effect of registration. 25. Instrument to include endorsements thereon. 26. Registers to, he deemed in legal custody and to he receivable in evidence. 27. Searches .. 28. Copies o( entries in registers. 29. Penalty for false statement. 30. Penalty for destroying or falsifying register. 31. Fees. 32. Power to remit fees. 33. Power to make regulations. SCHEDULES FIRST SCHEDULE Forms SECOND ~CHEDULE Fees CHAPTER SO LAND REGISTRATION LAW A Law to cons91idate and amend the Law relating to the registration of in~truments and the ntir;ig of judgments affecting land. (N.N. 1963 Cap. 53. N.E.S. 12 of 1971, BA.S.L.N. 1 of 1982.) ·- • Ci (Commencement: 1st January, 1925) 1. Short title .' • ' This Law may be cited as the Land Registration Law. 2. Interpretation Definition~, "certificate of purchase" means a certificate granted by a court certifying that the right, title and interest of a judgment debtor in certain immovable property has been sold to the person named in the certificate; (BA.S.LN. 1 of 1982.) [li;sue I) L-24 CAP.SO Land Registration Law "Commissioner" means the State Commissioner assigned for the time being with responsibility for Land matters; "State grant" includes a certificate of occupancy under or deemed under the Land 1:fse. Act, and a mining lease, mining right, water right or exclusive prospecting licence granted under the Minerals Act, and a timber licence granted under the For­ estry Law, and every other grant, conveyance, lease or mortgage by or on behalf of the Government; (BA.S.L.N. 1 of 1982. No. 6 of 1978, Cap. 121, L.N. 1958, Cap. 53.) "Instrument" means a document aff~cting land whereby one party (hereinafter called the grantor) confers, transfers, limits, charges or extinguishes in favour of an­ other party (hereinafter called the grantee) any right or title to, or interest in land in the State, and includes a certificate of purchase and a power of attorney under which any instrument may be executed, but does not include a will; [BA.S.L.N. 1 of 1982.] • "local judgment" means a judgment or decree of the Supreme Court, the Federal Court of Appeal, the High Court or a District Court whereby the title to land in the State held under a Statutory right of occupancy is, or shall be, affected or whereby the validity of any instrument under this Law is affected; fBA.S.L.N. 1 of 1982.] "office" means the proper office of the land registry established under this Law; "statutory right of'occupancy" means a right of occupancy granted or deemed to have been granted, under the provisions of the Land Use Act. ' . . . 3. Land registry [No. 6 of 1978.] Land Registry (1) ~here shall be a land registry with an office or offices at such place or places as the Commissioner may from time to time direct. • [N.E.S.12of1971.] (2)'if.he registry shall be the proper office for the registration of all instruments in­ cluding.powers of attorney affecting land. 4. App9lntment of registrars (1) 'The Civil Service Commission shall appoint such number or registrars, deputy registrars and assistant registrars as he may think fit for the purposes of this Law. (2Y ~ubject to the directions of the registrar, a deputy registrar or an assistant r~gistrar may do anything which by this Law is required or authorised to be done by the registrar • . . 5. Registers and documents to be kept (1) There shall be kept at each office such registers, books and files as may be pre­ scribed,and a registrar shall, subject to the provisions of this Law, register therein the prescribed manner all instruments required to be registered and delivered to him for ',• .. . ' .·,!· L-25 CAP.SO Land Registration Law registration, and shall file all judgments required or permitted to be filed and delivered to him for filing. • (2) All registers kept in the offices of the land registry immediately before the com­ mencement of this Law shall form part,ofthe register under this Law. Instruments, the Registration of which is Compulsory 6. Instruments executed after the commencement of the Law Subject to the provisions of this Law, every instrument executed after the com­ mencement of this Law shall he registered. 7. Instruments executed before the commencement of the Law Subject to the provisions of this Law, every instrument executed before the com­ mencement of this Law, and not already registered, shall be registered. Requisites of Registration 8. Proof of lnstrµments executed by Illiterates in Nigeria (1) No instrument executed in Nigeria after the commencement of this Law, the gran­ tor, or one or more of the grantors, whereof is illiterate, shall be registered unless it has been executed by such illiterate grantor or grantors in the presence of a magistrate or jus­ tice of the peace and is subscribed by such magistrate or justice of the peace as a witness thereto. • (2) Proof of instruments executed out of Nigeria ,1: No instrument executed out of Nigeria shall be registered unless it has endorsed thereon or attached I.hereto a certificate of proof (as in Form A in the First Schedulc;or to the like effect) by pne of the persons mentioned in paragraph (a) or (b) of subsection (3), as the case may be; or unless one of the subscribing witnesses thereto be one of such per­ sons, or unless the due execution thereof is otherwise certified, to the satisfaction of the registrar, by one of such persons: • [Form A First Schedule.) Provided tha.t an instrument executed ~ut of Nigeria by a person serving in the armed forces of the Federation on actual naval, military or air force service may be regis­ tered if it has been executed in the presi:nce of- (a) the ~ificer commanding the ship or other unit in which the person execut­ ing the instrument is serving; or (b) any other officer not below the rank of Lieutenant-Commander in the Nige­ rian Navy, or of Major in the Army, or of Squadron-Leader in the Air Force, and bears a stateme'1l that it has been executed on actual naval, military or air force service. (BA.S.L.N. 1 of 1982.) (3) The persons· referred to in subsection (2) shall be every person having authority to administer an oath in any place out of Nigeria. L-26 ., I, CAP.SO Land Registration Law 9. Description and plan of land affected (1) (a) No instrument executed after the commencement of this Law, other than a power of allorney, shall he registered unless it contains a proper and sufficient descrip­ tion, and, su~ject to the regulations, a plan, of the land affected by such instrument. (b)"lthe decision of the registrar as to the adequacy of the description and plan of any land in any instrument for the purpose of identification shall be final, subject to any order of the High Court. Q (2) Plans attacl,ed to State grants to be signed by a surveyor and counter-signed by tl,e Surveyor-General No State grant executed after the 1st day of June, 1918, and no instru 0 ment executed after the said date affecting land the subject of a state grant executed after the said date shall he regllitered unless the plan of the land affected by such state grant or instrument is signed by a surveyor or is a copy of a plan so signed. (3) Plans attacl,e,I to mlrer,instrume,rts to be sig,red by a surveyor No instiument executed after the 1st day of June, 1918, having thereon or attached thereto a plan or the land affected shall be registered unless the plan is signed by a sur­ veyor or is a copy of a plan which has been signed by a surveyor. ( 4) Definitio,r of terms In this section the term "surveyor" has the meaning assigned to the term by the Sur­ vey Law. •: (Cap. 153.] 10. Endorsement of consent in the case of certain instruments No instr~ment requiring the consent of the Governor or Commissioner or of any pub­ lic officer '10.' the validity thereof shall be registered unless such consent be endorsed thereon or )h~ registrar is otherwise satisfied that such consent has been given. ' •• 11. Validity of instrument 1 i No instrument declared by any enactment repealed by this Law to be void shall be registeredi. , 12. Compliance with the requirements of this Law or prior enactment No instrument executed before the commencement of this Law shall be r'egistered if it does not comply with the requirements of this Law or of the enactment in force at the date of execution thereof. ,, 13. Registration of lnstn1ment endorsed on another Instrument No instrument endorsed on another instrument shall be registered unless the instru­ ment on which it is endorsed is registered. L-27 (Issue 1] CAP.SO land RegL-.tration Law Sanctions 14. Certain documents void for non-r:eglstrotlon Every state grant executed after the commencement of this Law, and every instrument affecting land the subject of a State grant or whereby land is granted by a Nigerian to a non-Nigerian executed after the commencement of this Law shall, so far as it affects any land, be void unless the same is registered within six months from its date (or, in the case of an instrument wheteby land is granted by a Nigerian to a non-Nigerian, from the date on which it receives ,he Governor's consent) if executed in Nigeria, or twelve months from its date (or, in the case of an instrument whereby land is granted by a Nigerian to a non-Nigerian, from ·the date on which it receives the Governor's consent) if executed elsewhere: (BA.S.L.N. 1 of 1982.) Provided that the registrar may extend such periods whenever he shall be satisfied that registration has,bl!en delayed without default or neglect on the parl of the person ac­ quiring lhe right or interest in the lands in question. 15. Inadmissibility in evidence No instrument shall be pleaded or given in evidence in any court as affecting any land unless the same shaU have been registered in the proper office as specified in section 3. 16. Loss of priority Subject to the provisions of this Law every instrument registered under this Law shall, so far as it affects any land, take effect, as against other instruments affecting the same land, from the date of its registration as hereinafter defined in the proper office as sp 0 eci­ fied in section 3, and every instrument registered before the commencement of this Law shall be deemed to:have taken effect from the.date provided by the law in force at the lime of ils registration, Method of Registration 17. Instrument aml 'copy to be delivered to registrar (I) Any person desiring that any instrument shall be registered shall deliver the same together with a I rue copy I hereof and the' prescribed fee to the registrar at the office. (2) Certificate o{delivery to registrar The registrar shall, immediately after such delivery, place upon the instrument and upon the copy thercQ,f a certificate, as in Form B in the First Schedule. ,1,· (Form B, First Schedule.) (3) Registratioh: '· Unless the instrument is one which is declared by this Law to be void or the registra­ tion of which is p~ol)jbited by this Law, the registrar shall compare the copy of the in­ strument with the original and if he shall find such copy to be a true copy and to comply with ;my regulations 'made under this Law and for the time being in force he shall certify the same by writing thereon the words "certified true copy" and appending his signature thereto. [Issue I) L-28 ,' • 0 CAP.SO Land Registration Law I (4) Return of instrument I The registrar shall thereupon register the instrument by causing the copy so certified to be pasted or bound in one of the register hooks and by endorsing upon th~ original instrument a certificate as in Form C in the First Schedule; and upon such regist~ation the year, month', day and hour specified in the certificate endorsed on the instrumerlt in pur­ suance of s1:1hsection (2) shall be taken to be the year, month, day and hour at ~hich the instrument w.as registered. • [Form C, First Schedule.) 1 (5) The·original instrument shall thereafter, upon application, be returned rd the per- son who shall have delivered it for registration: I Provided that if application fo~r the return of the instrument is not made within twelve moi:it~s after the date of registration the registrar may destroy the instrum~nt. 18. When·tcgistration to be 0 rcfused I (1) When, upon examining an instrument and the copy thereof delivered to him for registration, the registrar shall find that such instrument is one which is declared by this Law to be void or the registration of which is prohibited by this Law or that thd copy is not a true copy, or does not comply with any regulations made under this La~ for the time being in force, he shall refuse to register such instrument and shall write in red ink across the certificates endorsed on the instrument and copy in pursuance of subset:tion (2) of section 17 the words "registration refused" and shall append his signature thereto and the title of the registry office concerned. (2) Return of rejected instrument Such instrument and copy shall thereafter, upon application, be returned to the person who shall h·ave delivered it for registration: Pr~yi~ed that if application for the return of the instrument and copy is n~t made within twel.ve months from the date on which they were delivered for registr~tion the registrar may destroy them. ' (3) Retlelivery for registration . (a) N~thing herein contained shall prevent an instrument the registration of w~ich has been refused from being delivered again for registration provided that the provi~ions of section 17. are complied with, and that the instrument, if it was void by virtue of 1 the pro­ visions ohcction 14 when previously delivered for registration, has ceased to be void owing to the time of registration having been extended by the registrar; 1 (b) i~:thc event of such subsequent delivery the procedure prescribed by seition 17 shall be followed and the year, month, day and hour of registration shall be tak~n to be the year, 'month, day and hour of such .subsequent delivery. (4) When registration of an instrument is refused, the fee paid upon deliveryjfor reg­ istration shall not be returnable, and in the event of the instrument being delivered again for registration the fee upon delivery shall be payable again. I I L-29 [Issue I] CAP.SO /,a11d Registration Law Filing of Judgments 19. Copy of local judgments to be transmitted with plan (1) Within two cale{ldar months from the date of every local judgment the registrar of the court by which such judgment has been pronounced shall transmit to the registrar, at such registry office as )he Commissioner may from time to time direct, a certified true copy of the judgment together with a copy of any map or plan ordered to be filed in that court to which the judgment refers, a copy whereof has not already been transmitted un­ der the provisions of this Law, and any other map or plan ordered by the court to be transmitted. (2) No map or plan other than those specified in subsection (1) shall accompany or be attached to a copy of a judgment transmitted under the provisions of that subsection. 20. Registrar to file copy of judgment On receipt of the.certified true copy of any judgment and the map or plan specified in subsection (1) of secti?T) 19 the registrar shall file the same .. 21. Effect of filing, . The failure to transmit or file any judgment and any error in transmitting or filing any judgment shall not affect the validity or effect of such judgment. 22. Filing not to affect validity The filing of any judgment shall not confer upon it any effect or validity which it would not otherwise have had. " 23. Chief Judge may make rules of court The Chief Judge'with the approval of the G~vemor may make rules of court for giv­ ing effect to section~:19, 20 and 21 of this Law in the High Court and other Courts in the State and in particullir1for requiring and'regulating the filing in courts of maps and plans in mailers wherein the. title to land in Bauchi State or the validity of any instrument regis­ tered under this Law}~ or may he in issue. Miscellaneous 24. Effect of regis.trl)tion Registration shall:hot cure any defect in any instrument or, subject to the provisions of this Law, confer upon it any effect or validity which it would not otherwise have had. f, 'I 25. Instrument to.Include endorsements thereon I'',( For the purpoSCJ; of registration an instrument shall be deemed to include all certifi­ cates and other matter endorsed thereon or attached thereto at the time it is delivered for registration. 26. Registers to ~e deemed in legal custody and to be receivable ln evidence ,''' All register books, registers and files of registered documents at the registry office shall he deemed to ·oe in legal custody, and shall be receivable in evidence in any court L-30 :':·,, CAP.SO Land Registration Law and every r~gistrar shall produce or cause to be produced any register book, register or file of registered documents in his office, on subpoena or order of any c&urt without payment for:s~ doing unless the court shall direct otherwise. 1. t' 27. Searches The registrar shall allow searches to be made at all reasonable times in any register book, register or file of registered or fih'!d documents in his custody. 28. Coples of entries In registers (1) The registrar shall upon request give a certified copy of any entry in any such reg­ ister book ~r register, or of any filed document. (2) Every such certified copy shall be received in evidence, without any further or other proof in all civil cases. 29. Penalty, for false statement Any person who shall wilfully make or cause to be made for the purpose of being in­ serted in any register under this Law any false statement touching any of the particulars herein required to be known and registered shall be liable to a fine of one hundred naira or to imprisonment for two years. 30. Penalty for destroying or falsifying register Any person who shall wilfully destroy or injure or cause to be destroyed or injured, any register books, register or filed document or any part thereof, or shall counterfeit or cause to be·'<:ol.mterfeited any part of any such book, register or document or any certified copy there~f;'.or extract therefrom, or shall wilfully insert or cause to be inserted in any such book, r~ister, file, certified copy or extract any false entry, or shall certify any writ­ ing to be a .c~py or extract of any such book, register or file, knowing the same lo be false in any parf'tflereof, or shall forge and counterfeit the seal of any registry office, shall be liable to imprisonment for seven years. 31. Fees • 0 The fees prescribed in the Second Schedule or such other fees as the Governor may by regulation prescribe shall be taken by the officers by or before whom the acts for which the fee$ are payable are done. [Second Schedule.] 32. Power to remit fees The Commissioner may, whenever he may think fit, remit or reduce the amount of any fee payable under this Law.' • i' 33. Power to make regulations The Governor may make regulations- (a) .. for the governance and guidance of registrars and of all persons acting un- 1 der them; L-31 (Issue 1) •'I• '·. CAP.SO I.and Registration Law (b) prescribing the nature, size and shape of the paper or other substance to be used for copies of instruments delivered for registration and generally the manner:in. which such copies arc to be prepared; (c) excepting from the provisions of section 9 in so far as the said section re­ lates to ~plan, any class or instrument; (d) exceptirik from the provisions of this Law any class of instrument; (c) adding to or altering any of the forms given in the First Schedule; (First Schedule.] (J) generally for the purposes of this Law. SCHEDULES FIRST SCHEDULE FORM A (Section 8) Certificate of Proof This instrument was proved hefore me h lh h ( . . (graninr, grantee or suhscrihing w·1 . )y ehoal or slalulory declaration) of the within named (gmmor). • • ness lo ave been duly executed by the within named GIVEN under my hand ............................................... .. and seal this · , d ................................................................ . ........ ,1,., ...................... ayof 20 i': . ·····························, ••••••••••• (Signed) ................................... . ••••••••••••••••••••······· (Office) FORMB . (Section 17J 11, Certificate of Delivery lo Reg;~t •'l . . .., rar o, nstrument llus mstrumen1 was d I' • e ivered lo me for registration b A of (.Wtr/e /rl,; residenc~ and professio11) al • y .B ........................................................ . noon, this d .................................... o'clock in lhe ················.·•......... ay of····························· '20............ •••••••••••••••••••••••••••·· ••••••••••••••••••••••················· (Regi,.trar) ........ L-32 I., CAP.SO ' I' Land Registration Law FORMC [Section 17) This instrument is registered as No. .................... at page ................ in volume ........................ .. of the Lands R egislry in the office at ........................... • SECOND SCHEDULE (Section 31) Fees I. Upon delivery of any instrument for registration­ (a) Instruments of not more than 300 words- (Registrar) (i) when delivered for registration within sixty days of the date of execution if executed in Nigeria or within twelve months of the date of execution if N k executed elsewhere ...................................................................................... 1 00 (ii) when delivered for registration after sixty days have elapsed since the date of execution if executed in Nigeria or after twelve months have elapsed since the date of execution ir executed elsewhere ........................................ 11 00 (b) Instruments of more than 300 words:- (i) when delivered for registration within sixty days of the dale of execution if executed in Nigeria or within twelve months of the date of execution if :executed elsewhere ...................................................................................... 2 00 (ii)' ~hen delivered for registration after sixty days have elapsed since the date • 'of execution if executed in Nigeria or after twelve months have elapsed since the dale of execution if executed elsewhere ........................................ 12 00 The above fees to include the fee for comparing the copy with the original. 2. For every aueslution of an instrument under section 8(1) 0 25 3. For every search in the records, for every half-an-hour or part thereof .................. !(..... 0 25 4. For a certified copy of any registered instrument- for every l 00 words .... .... ....... .... . .... .. ........ .... ........ .... .... .... .... ........ ........ ... ............... ... 0 20 and for every plan ............................................................................................... ~.......... 0 25 lo 2 00 a,; determined by the registrar according to the amount of work involved. 5. For comparing, if required, any instrument with the register thereof, for every 100 words ...................................... ·..................................................................................... 0 10 L-33 (Issue I)