Nigerian land ownership is governed by the Land Use Act of 1978, which gives the governor of a state ownership of all land within that state to be held in trust for the benefit of the populace.[1] Accordingly, where interest in land is acquired in a state, it is essential that the owner “perfect” or register their interest in the appropriate State Lands Registry. Merely possessing a document of title is insufficient. Land transactions become incomplete or inchoate when this statutory criterion is not met, putting the owner at serious legal danger.[2] A frequent term for this land document registration procedure is “perfection of title”.

In order to confirm ownership rights, guarantee government recognition, and offer defence against disputes or false claims, perfection of title is an essential legal step. Lack of appropriate perfection could make a buyer’s land investment susceptible to problems that could jeopardise their ownership. This article analyses the prerequisites and procedures for the perfection of land title using Lagos State as a case study.

LEGAL FRAMEWORK FOR LAND REGISTRATION IN NIGERIA

Land Use Act 1978: The Land Use Act (LUA) of 1978 remains the cornerstone of land transactions in Nigeria, fundamentally altering land ownership structures. Section 1 of the LUA vests all land in a state in the governor, with individuals holding only a Right of Occupancy, either statutory or customary.

Lagos State Lands Registration Law (LRL) 2015: establishes the state land registry, defines registrable instruments, prescribes registration processes and records to be kept, and sets out the legal consequences of registration and non-registration. The Law consolidated earlier and scattered provisions on registration. The Land Instruments Registration Law dealt with the registration of documents of title to land. A document affecting interest in land would qualify as an instrument where a grantor in such document conferred, transferred, limited, charged, or extinguished in favour of the grantee, any right or interest in land located within the State.[3] Any instrument that required the consent of the Governor of the State or any other public officer for its validity was not registrable under the statute until such consent was obtained.

– Property and Conveyancing Law 1959: In certain states, such as Delta, Edo, Ekiti, Ondo, and Oyo, the Property and Conveyancing Law (PCL) of 1959 regulates land registration.

WHY REGISTER TITLE TO LAND/PROPERTY?

 It is a statutory requirement to register an interest in land in the aftermath of an assignment or acquisition of such interest. This is because, before a purchaser/assignee registers his title in a property, the interest in the property accruing to him is only equitable.[4] For him to be vested with legal title over the property, he must register his title to the property with the relevant Lands Registry. Once the transaction has been approved by the governor[5], the registration procedure is typically completed when the document is stamped[6].

STEPS FOR TITLE PERFECTION/ REGISTRATION PROCEDURE[7]

a. An application letter accompanied by relevant documents (such as duly executed copies of the registrable document (e.g Deed of Assignment, Deed of Legal Mortgage, etc), completed Form 1C, and CTC of the title document), alongside the evidence of payment of administrative fees (such as Endorsement Fee and Charting Fee) would be submitted to the Land’s Registry.

b. The application would be transferred to the office of the Surveyor General for charting to ensure the land is free from government acquisition and to ascertain that the coordinates of the land match those of the survey plan.

c. Thereafter, the application would then be assessed based on the value of the property, and an assessment letter would be issued requesting the applicant to make further statutory payments, such as Consent Fee, Stamp Duty, and personal income tax of the parties to the land transaction.

d. Payment receipts obtained from the payments made in (c) above would be submitted to the Land Registry. Once confirmed, the registrable document would be forwarded to a designated commissioner who would grant the consent on behalf of the Governor.

e. The registrable document would then be stamped by the Lagos State Internal Revenue Service or the Federal Inland Revenue Service, depending on whether the parties are individuals or companies.

f. After stamping, the registrable document would be taken to the Lands Registry for registration. This is the last step in the perfection process.

These steps are specific to Lagos State and may differ from state to state.

CHALLENGES OF LAND REGISTRATION AND TITLE PERFECTION IN NIGERIA[8]

Land title registration is germane to providing proof of individual, family, and communal ownership of land. However, there are still challenges militating against land registration, including a lack of manpower, irregularities in documentation, and bureaucratic bottlenecks. The subheadings below shall elucidate in simple, clear terms how this challenge plays out:

1. LACK OF ADEQUATE MANPOWER: Manpower is a critical aspect of human resource management, particularly within land registries. A shortage of qualified staff leads to inefficiency, delays in title registration, and reduced revenue generation. Many registry staff lack the professional competence to manage the technical and legal complexities of land registration, record-keeping, and title security. To address this, land registries require skilled graduates in fields such as geography, real estate management, surveying, law, and business administration. In addition, continuous on-the-job training is essential to enhance staff capacity, improve productivity, and ensure effective service delivery in line with modern technological advancements.
2. IRREGULARITIES IN DOCUMENTATION TITLE REGISTRATION: In many land registries and Geographical Information Systems, applicants are required to complete forms with personal, financial, and land information. However, most applicants lack the legal knowledge to complete these documents correctly, leading to errors that, once recorded, may mislead the public. Such irregularities expose innocent purchasers to financial losses when relying on faulty records or defective titles. Many individuals avoid hiring competent legal professionals during conveyancing, instead turning to estate agents or attempting the process themselves, often resulting in flawed registrations. Unfortunately, even educated Nigerians adopt this practice, perpetuating defective titles that fuel disputes and litigation. The growing number of untrained estate agents further compounds the problem by offering cheap but unprofessional services without proper knowledge of property law or conveyancing.
3. NON COMPLIANCE OF REGISTRATION RULES BY APPLICANTS: For land registration to run smoothly, applicants must comply with established legal rules and timelines. Laws such as the Stamp Duties Act and state Land Instrument Registration Laws require documents conferring land interests to be stamped and registered within 30 days of execution. Compliance ensures benefits such as proof of ownership, enhanced property value, title security, and ease of future transactions. Registries also apply specific procedures and timelines for deeds, cautions, searches, certificates of occupancy, and other instruments. Applicants are therefore expected to make proper enquiries on requirements, payments, and processes. Failure to follow these rules often leads to delays or abandonment of registration applications.

CONCLUSION

In Nigeria, the legal framework for land registration and title perfection is central to securing legitimate and enforceable property rights. Under the Land Use Act of 1978, land is vested in the state governor as trustee for the people, making it essential for landowners and buyers to perfect their titles in order to convert equitable interests into legal ownership. Perfection not only provides certainty of title but also protects against competing claims and potential loss of investment. Except where there are defects in the root of title, perfection serves as conclusive evidence of ownership and ensures priority in subsequent transactions. Therefore, strict compliance with registration and perfection requirements is indispensable for safeguarding property rights, enhancing land value, and promoting investor confidence in Nigeria’s real estate sector.

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[1] Section 1 of the Land Use Act 1978

[2]https://topeadebayolp.com/wp-content/uploads/2024/01/129_PROCEDURE-FOR-THE-REGISTRATION-OF-67TITLE-TO-LAND-IN-NIGERIA.pdf accessed August 26, 2025

[3] See s.2 Land Instruments Registration Law, Lagos. Such an instrument included a certificate of purchase issued by the court and a power of attorney under which an instrument might be executed. A will and other testamentary documents were exempted from registration under that Law.

[4] Nsiegbe v. Mgbemena (2007) 10 NWLR (Pt. 1042) 364.

[5] See Sections 22 & 26 Land Use Act 1978

[6] See Section 4 Stamp Duties Act 1939.

[7] https://chamanlawfirm.com/legal-steps-to-perfecting-title-documents/ accessed August 26, 2025

[8]https://www.researchgate.net/profile/GraceAhiakwo/publication/380847709_Legal_Issues_and_Challenges_Militating_Against_Seamless_Land_Registration_in_Nigeria/links/6650b0a922a7f16b4f49f0b3/Legal-Issues-and-Challenges-Militating-Against-Seamless-LandRegistrationinNigeria.pdf?__cf_chl_tk=lfrNgq..vG_cLxil.mkTwVDHGy8zYS59V2v1_KkkJpI-1756214230-1.0.1.1UJunugdzOT3jcWVKYD1miBM60L5OpqYk9Q_mBalj8N0 accessed August 26, 2025

Written by Adeife Omolumo & Kareema Mohammed for The Trusted Advisors

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