CROSS RIVER – REGISTRATION OF TITLES LAW

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LAWS OF CROSS RIVER STATE

CHAPTER R2

REGISTRATION OF TITLES LAW

ARRANGEMENT OF SECTIONS

SECTION

1. Establishment of land registries and appointment of officers.

First registration

2. Cases in which registration is compulsory.
3. Cases in which registration is permitted.
4. Registration of grants and leases of State Land.
5. Advertisements and notices.
6. Investigation of title for registration.
7. Where application for first registration is opposed on grounds that land is subject to customary law.
8. Registration of nominee.
9. Incumbrances existing at first registration.
10. Declaration as to incumbrances.
11. Marking and disposal of title deeds.

Leases of registered land

12. Leases by registered owners.
13. Sub-lease.
14. Provisions implied in leases.

Registered charges

15. Power to charge registered land.
16. Sub-Charges.
17. Charges by companies.
18. Covenants implied in registered charge.
19. Rights conferred by a charge.
20. Foreclosure.
21. Sale.
22. Priority of charges.
23. Consolidation of charges.
24. Cancellation of charges.

Transfer of registered land and charges

25. Transfer by registered owner.
26. Covenants implied in transfer of lease.
27. Leases containing restrictions on assignment.
28. Title to be shown on sale of registered land.

Other registered dealings with registered land

SECTION

29. Grant of easements and other benefits.
30. Acquisition of easements and other benefits.
31. Creation and discharge of restrictive covenants.
32. Power for registered owners to bind successors and to enforce contracts.
33. Registration of dealings relating to registered land.

Other changes of ownership

34. Transmission by death.

(3)     “Legal personal representative”.

35. Change of ownership by operation of law.

Easement, profits a prendre, and restrictive covenants

36. Registration of easements and profits a prendre.
37. Prescription.
38. Registration of restrictive covenant.

Unregistered dealings with registered land

39. Powers of dealing with registered land of the register.

Protection of unregistered estates

40. Cautions against first registration.
41. Cautions against registered dealings.
42. Restrictions.
43. Procedure for cautions and restrictions.
44. Unregistered estates.

Estate conferred by registration

45. Estate of registered owner of land.
46. Liabilities of registered lessee.
47. State grants.
48. Registered charges.
49. Overriding interests.
50. Void disposition.
51. Notice of unregistered estates.

Certificates of title and mortgages by deposit

52. Issue of certificates of title.
53. Certificate to be produced on registration of disposition.
54. Lost certificate.
55. Mortgage by deposit or certificate.

Rectification of the register and compensation

SECTION

56. Alterations of lease or charge.
57. Corrections of errors in register.
58. Corrections of errors in register.
59. Extinction of registered title under Limitation Acts.
60. Compensation for errors, etc.
61. Indemnity of registrar, etc.

Surveys and boundaries

62. Surveys.
63. Boundaries.
64. Foreshore.
65. Subdivision and combination of titles.

The register

66. Forms, and method of keeping register.
67. Authentication of documents.
68. Withdrawal of obsolete entries.
69. Time of registration.
70. Entry of value.
71. Indices and inspection of registers.
72. Settled land.
73. Joint tenants and tenants in common.
74. Escheats and forfeitures to the State.
75. Registration of leases and charges becoming the property of the State.

Form and execution of instruments used in registration

76. Forms.
77. Instruments expressed to be deeds, and covenants for title.
78. Registrar may require duplicates.
79. Return and destruction of documents.
80. Proof of execution.
81. Powers of attorney.
82. Exemption of registered land from Chapter L3.

Miscellaneous matters

83. (1) Representation of infants and lunatics.

(2)     Interest bound by order of court.

84. Opportunity of being heard.
85. Representation by legal practitioner.
86. Production of documents.
87. Attendance of witnesses.
88. Statutory declarations.
89. Stamps.

SECTION

90. Proof of register and acts of registrar.
91. Service of notices.
92. Costs.
93. Enforcement of orders of registrar.

Appeals to the court

94. Appeal to court from decision of registrar.
95. Effect of appeal on registered dealing.
96. Power to refer question to court.
97. Fees.

Rules

98. Power to make rules.
99. Short title.
100. Application.
101. Interpretation.

SCHEDULES

FIRST SCHEDULE

FORMS

SECOND SCHEDULE

Fees

CHAPTER R2

REGISTRATION OF TITLES LAW

A Law to provide for the registration of Titles to Land.

(4th April, 1935)

[Commencement.]

1. Establishment of land registries and appointment of officers

(1)     There shall be established land registries for the registration of titles to land at such places as the Commissioner may direct.

(2)     There shall be a seal common to all registration districts which shall be judicially noticed.

(3)     For conducting the business of a land registry, the Commissioner shall appoint a registrar of titles (in this Law referred to as the registrar), and may, if he thinks fit, appoint a deputy registrar of titles and any number of assistant registrars of titles.

(4)     The Commissioner may, if it thinks fit, appoint a chief registrar of titles to have the control and supervision of all land registries established under this Law. The Chief Registrar of titles shall in relation to any land registry have all the powers of the registrar appointed for that land registry.

(5)     Subject to the directions of the registrar, a deputy or assistant registrar of titles may do anything which by this Law is required or authorised to be done by the registrar.

First registration

2. Cases in which registration is compulsory

(1)     (a)   Every conveyance of a fee simple estate in any and for a consideration which consists wholly or in part of money; and

(b)     every grant of a lease of any land for a term of not less than forty years; and

(c)     every assignment of a lease of any land having not less than forty years to run from the date thereof for a consideration which consist wholly or in part of money, executed after the creation of the registration district in which the land is situated, shall on the expiration of two months from the date thereof or of any authorised extension of that period, become void so far as regards the grant or conveyance of the legal estate in the freehold or leasehold comprised in the conveyance; grant or assignment or so much of such land as is situated within the registration district unless the grantee (that is to say, the person to whom such fee simple estate or lease has in the meantime applied in the prescribed form to the registrar to be registered as the owner of the fee simple estate or lease:

Provided always that the court may, on the application of any persons interested in any particular case in which the court is satisfied that the application for registration cannot be made within the said period, or can only so be made by incurring unreasonable expense, or that the application has not been made within the said period by reason of some accident or other sufficient cause, make an order extending the said period; and if such order be made, then, upon the registration of the grantee or his successor or assign, a note of the order shall be indorsed on the conveyance, grant or assignment:

Provided further that the registrar shall have the power conferred upon the court by the preceding proviso to extend the said period, save that the registrar shall not extend it by more than two months.

(2)     The provisions of the preceding subsection apply to fee simple estates and to leases whether or not the same are subject to incumbrances.

3. Cases in which registration is permitted

Subject to the provisions of this Law—

(a)     any person who has power to sell, or is entitled, at law or in equity, to an estate in fee simple in any land, whether subject or not to incumbrances, may apply to be registered in the registry as the owner of the fee simple of that land; and

(b)     any person entitled, at law or in equity, to a lease of any land for an unexpired term of not less than five years, whether subject to incumbrances or not, may apply to be registered in the registry as the owner of that lease.

4. Registration of grants and leases of State Land

Every grant of State land or lease of State land for a term of more than five years made or granted after the constitution of the registration district in which the land is situated, shall, together with a duplicate of the grant or lease, be delivered by the Principal Lands Officer to the registrar, who on receipt of the prescribed fees shall register the grantee or lessee as the owner of the land or lease.

5. Advertisements and notices

(1)     Application to be registered as an owner under this Law shall be made to, and the title to the land or lease shall be investigated by, the registrar in the prescribed manner.

(2)     Each application for first registration shall be advertised by the registrar in the prescribed form at least once in the State Gazette and, if the registrar thinks fit, in one or more newspapers circulating in the State. Any number of applications may be included in one advertisement.

(3)     Notice of every application for first registration shall be served on such persons, if any, as the registrar may direct, and, unless the registrar otherwise orders, on each occupier of the land and on all the owners of the adjoining lands.

(4)     Where notice of objection to a first registration is received in the prescribed time, the registration shall not be effected until the person objecting has been given an opportunity of being heard.

(5)     This section shall not apply to registrations effected under section 7.

6. Investigation of title for registration

(1)     Investigating a title with a view to first registration, the registrar may accept and act on less than legal evidence or less than the evidence ordinarily required by conveyancers if he is satisfied of the truth of the facts to be proved, and may act on evidence of the same facts adduced before him in other proceedings.

(2)     If after investigation of an application for first registration the registrar is satisfied that the applicant is entitled to be registered as the owner of the whole or part of the land claimed, he shall be registered accordingly. In every other case the application shall be dismissed:

Provided that, where it appears to the registrar that the applicant is not, but some other person is, entitled to be registered as owner of any land or lease, the registrar may, with the consent of such other person, register that person as owner and may, if he thinks fit, dispense with any further advertisements or notices.

7. Where application for first registration is opposed on grounds that land is subject to customary law

(1)     If any person opposing an application for first registration claims and proves to the registrar that the land is family land under customary law, the registrar shall, unless the family should consent to registration, dismiss the application.

(2)     If any person opposing an application for first registration claims and proves to the registrar that the land, although not family land, is subject to customary law and that in virtue of such customary law he has rights or interests, contingent or otherwise, in respect of the land, the registrar may in his discretion either—

(a)     dismiss the application; or

(b)     register the applicant as the owner of the fee simple estate in the land or of a lease of the land, as the case may be; and—

(i)      in the event of agreement between the applicant and the person opposing the application register such cautions or restrictions or other notices, notes or entries, if any, as may be necessary to give effect to such agreement; or

(ii)     in default of such agreement protect the rights and interest of the person opposing the application by the registration of such cautions or restrictions or other notices, notes or entries as he may direct under paragraph (b) of subsection (2) of section 12.

(3)     Subject to any cautions or restrictions or other notices, notes or entries which the registrar may direct under subsection (2) of this section and paragraph (b) of subsection (2) of section 12, any claim which might have been put forward by any person under either of the preceding subsections in opposition to an application for first registration shall not after such registration be entertained under any of the provisions of this Law.

8. Registration of nominee

(1)     The registrar may, on being satisfied that there is no intention of evading creditors, register a nominee of the applicant for first registration instead of the applicant.

(2)     In such case the application for registration of the nominee shall be stamped with the same duty as would be payable on a conveyance on sale or transfer, according to the circumstances, from the applicant to the nominee.

9. Incumbrances existing at first registration

(1)     Estates outstanding at first registration and having priority to the estate of the registered owner shall be registered as incumbrances.

(2)     Where the first registered owner is not absolutely entitled for his own benefit, the interests of all other persons interested shall—

(a)     in the event of agreement between the person interested be protected by the registration of such cautions or restrictions or other notices, notes or entries as may be necessary to give effect to such agreement; or

(b)     in default of such agreement be protected by such cautions or restrictions or other notices, notes or entries as the registrar may direct.

10. Declaration as to incumbrances

(1)     The registrar may, if he thinks fit, before completing a first registration, require the applicant and any other person appearing to have knowledge of the facts to make a statutory declaration in the prescribed form that all incumbrances and material facts have been disclosed.

(2)     An application for first registration shall not abate by reason of death or change of interest, and may be adopted and continued by any person entitled to apply for first registration.

11. Marking and disposal of title deeds

(1)     Before registration of any person as owner of any land or lease, the registrar shall mark all documents of title produced to him which relate to such land or lease in such manner as he thinks necessary to prevent concealment of the registration.

(2)     If a copy or duplicate of any such document has been filed in any register of documents, the person having the custody of such register shall be informed and shall mark the copy or duplicate in the same manner.

(3)     The registrar shall retain such documents of title produced to him in support of an application for first registration as he considers necessary to show the nature of the applicant’s title:

Provided that no document of title relating to any other unregistered land or lease shall be retained without the consent of the owner of such land or lease, and no document of title to the custody of which any person has the right in priority to the applicant shall be retained without the consent of that person.

Leases of registered land

12. Leases by registered owners

(1)     The registered owner of land may in the prescribed manner lease the land to the same extent as if the land had not been registered.

(2)     The lease shall be completed by registration of the lease as an incumbrance, and of the lease as owner of the lease, and by filing the original lease or a copy thereof in the registry.

(3)     Provided that the foregoing provisions of this section as to registration of the lease and lessee and filing the lease shall not be obligatory where the lease is for a term of less than five years and the leased land is occupied under the lease.

13. Sub-lease

The registered owner of a lease may in the prescribed manner create a sub-lease to the like extent as can a lessee of unregistered land create a sub-lease, and the provisions of this Law as to leases shall, where the context so admits, apply, with the necessary modifications, to a sublease.

14. Provisions implied in leases

Subject to any stipulation to the contrary expressed in the lease, there shall be implied in every registered lease created by a registered owner—

(a)     a covenant by the lessee for himself, his executors, administrators, and assigns with the lessor to pay the rent reserved by the lease at the times therein mentioned; and

(b)     a provision that if any part of the rent reserved by the lease is at any time in arrear for twenty-one days, whether demanded or not, or in the event of any breach of any of the lessee’s covenants or conditions, the lessor may re-enter upon the demised premises.

Registered charges

15. Power to charge registered land

(1)     The registered owner of land may in the prescribed manner charge the land or lease with the payment of money to the like extent as if the land was not registered land.

(2)     The charge shall be completed by registration of the charge as an incumbrance, and of the person in whose favour the charge is created as the owner of the charge, and by filing the original charge or a copy in the registry.

16. Sub-Charges

The registered owner of a charge may in the prescribed manner create a sub-charge to the like extent as can a mortgagee of unregistered land or an unregistered lease create a sub-mortgage, and the provisions of this Law as to a registered charge shall, where the context so admits, apply, with the necessary modifications, to a registered sub-charge.

17. Charges by companies

On registration of a charge by a company registered in Nigeria under the Companies and Allied Matters Act there shall, unless the registrar is satisfied that the provisions of section 107 of that Decree have been complied with, be registered a note to the effect that proof of compliance with the provisions of that section has not been produced.

[Cap. C20 LFN.]

18. Covenants implied in registered charge

Subject to any stipulation to the contrary expressed in the charge, there shall be implied in every registered charge a covenant by the person creating the charge with the registered owner for the time being of the charge to pay all principal money and interest secured by the charge at the appointed time and rate, and in the case of a charge on a lease, to pay, perform, and observe the rent, covenants and conditions by and in the lease reserved and contained and on the lessee’s part to be paid, performed, and observed, and to indemnify the registered owner for the time being of the charge and his estate and effects against all suits, expenses, and

claims on account of the non-payment of the said rent or any part thereof, or breach of any of the said covenants or conditions.

19. Rights conferred by a charge

Subject to any stipulation to the contrary expressed in the charge—

(a)     the registered owner for the time being of a charge on freehold land shall have the same rights, powers, and remedies (including entry and foreclosure), and be subject to the same obligations as if the land had been conveyed to him by deed by way of mortgage in fee simple subject to redemption on payment of the money secured by the charge at the time and in the manner in which it is expressed to be payable;

(b)     the registered owner for the time being of a charge on a lease shall have the same rights, powers, remedies (including entry and foreclosure), and be subject to the same obligations as if the lease had been assigned to him by deed by way of mortgage subject to redemption on payment of the money secured by the charge at the time and manner in which it is expressed to be payable:

Provided that the registered owner of a charge shall not be liable to the lessor for rent or on the covenants and agreements in the lease to any further extent than he would be if the mortgage had been by way of sub-demise.

20. Foreclosure

The registered owner of a charge who obtains an order for foreclosure absolute may on the application in the prescribed form be registered as owner of the registered land comprised in the charge, subject to any prior charges.

21. Sale

The registered owner of a charge who sells the registered land comprised in the charge in exercise of the power of sale conferred by the charge may in the prescribed manner transfer the land or lease so sold to the purchaser, subject to any prior charges.

22. Priority of charges

Subject to any entry to the contrary on the register, registered charges shall, as between themselves, rank in the order in which they are registered and not in the order in which they are created.

23. Consolidation of charges

(1)     The registrar, if satisfied that the registered owner of a charge has a right to consolidate his charge with any other charge, shall on the application of the owner make an entry to that effect against both charges.

(2)     A right of consolidation shall not become operative until it has been entered against both charges.

24. Cancellation of charges

The registrar shall at the request of the reregistered owner of the land and on production of a duly executed release in the prescribed form cancel the charge and thereupon the charge shall cease.

Transfer of registered land and charges

25. Transfer by registered owner

(1)     The registered owner of any land or charge may in the prescribed manner transfer such land or charge or any part thereof.

(2)     The transfer shall be completed by registration of the transferee as owner of the land or charge transferred, and filing the transfer in the registry; but until such registration the transferor shall remain the registered owner of the land or charge.

(3)     Upon the transfer of part only of land comprised in the title the transferee shall be registered as the owner of the land transferred to him, and the transferor as the owner of the remaining part of such land, under a fresh title or otherwise, as to the registrar seems fit.

26. Covenants implied in transfer of lease

Subject to any stipulation to the contrary expressed in the transfer, there shall be implied in every transfer of a registered lease a covenant by the transferee with the transferor to pay, perform, and observe the rent, covenants and conditions by and in the registered lease reserved and contained and on the part of the lessee to be paid, performed and observed, and to keep the transferor and his estate and effects indemnified against all suits, expenses and claims on account of the non-payment of the said rent or any part thereof, or the breach of any of the said covenants or conditions.

27. Leases containing restrictions on assignment

Registration of any person consequent on a transfer as owner of a lease containing a prohibition against assignment without licence shall not affect any right of forfeiture arising by reason of a breach of such prohibition, and the estate of the registered owner shall be subject to any such right:

Provided that the registrar shall not register any person as owner consequent on a transfer of such a lease of which the reversion is vested in the State or Government until the required licence is produced to him.

28. Title to be shown on sale of registered land

Subject to any stipulation to the contrary, a purchaser on the sale of registered land shall not require any evidence of title, except—

(a)     the evidence to be obtained from an inspection of the register or of a certified copy of, or extract from, the register;

(b)     a statutory declaration as to the existence or otherwise of estates declared by this Law not to be incumbrances; and

(c)     evidence of the title to or discharge of any registered incumbrances or estates registered as incumbrances.

Other registered dealings with registered land

29. Grant of easements and other benefits

The registered owner of land may in the prescribed manner grant any easement, right or privilege in, over or derived from the registered land or any part thereof.

30. Acquisition of easements and other benefits

The registered owner of land may accept for the benefit thereof the grant of any easement, right or privilege or the benefit of any restrictive covenant or provision (affecting other land, whether registered or not) in like manner and to the same extent as if he were legally and beneficially entitled to the fee simple in possession, or to the term created by the registered lease, for his own benefit free from incumbrances.

31. Creation and discharge of restrictive covenants

(1)     Subject to any entry to the contrary on the register, and without prejudice to the rights of person entitled to overriding interests (if any) and to any incumbrances entered on the register who may not concur therein, the registered owner of land may in the prescribed manner by covenant, condition, or otherwise, impose or make binding, so far as the law permits, any obligation or reservation with respect to the building on or other user of the registered land or any part thereof, or with respect to any other thing, in like manner as if the registered owner were entitled to the registered land for his own benefit.

(2)     The registered owner of land may (subject as aforesaid) release or waive any rights arising or which may arise by reason of any covenant or condition or release any obligation or reservation the benefit of which is annexed or belongs to the registered land, to the same extent and in the same manner as if the rights in respect of the breach or the benefit of the covenant, condition, obligation or reservation had been vested in him absolutely for his own benefit.

32. Power for registered owners to bind successors and to enforce contracts

(1)     Subject to any entry to the contrary on the register the registered owner of any land or charge may enter into any contract in reference thereto in like manner as if the land or charge had not been registered, and, subject to any disposition for valuable consideration which may be registered or protected on the register before the contract is completed or protected in the register, the contract may be enforced against any succeeding registered owner in like manner and to the same extent as if the land or charge had not been registered.

(2)     A contract entered into for the benefit of any registered land or charge may (if the same would have been enforceable by the owner for the time being of the land or charge, if not registered, or by a person deriving title under the party contracting for the benefit) be enforced by the registered owner for the time being of the land or charge.

33. Registration of dealings relating to registered land

Entries shall be made on the register in the prescribed manner of any such dealings relating to the registered land as are referred to in section 32, 33, 34 or 35.

Other changes of ownership

34. Transmission by death

(1)     On proof of the death of one of two or more joint registered owners of any land or charge his name shall be deleted from the register.

(2)     On the death of a sole registered owner or the survivor of joint registered owners or one of two or more registered tenants in common of any land or charge, then—

(a)     if the deceased was entitled to the land or charge or tenancy in common therein for his own benefit, his legal personal representative shall be entitled to be registered as owner or tenant in common, as the case may be:

Provided that the registrar may, if he thinks fit, with the consent of the legal personal representative, register as owner or tenant in common, as the case may be, a purchaser from such legal personal representative or a person entitled under the will or on the intestacy of the deceased without requiring the previous registration of such legal personal representative;

(b)     if the deceased was not entitled to the land or charge or tenancy in common therein for his own benefit, such legal personal representative shall be registered as owner or tenant in common, as the case may be, and with such restrictions, if any, on the exercise of his powers as registered owner or registered tenant in common as the registrar considers just and convenient having regard to the interest of the persons beneficially entitled to the land or charge.

“Legal personal representative”

(3)     In this section—

“legal personal representative” means the proving executor or administrator or other person having the lawful or customary right to administer the real estate of the deceased.

35. Change of ownership by operation of law

If any registered land or charge becomes vested in any of the following persons—

(a)     in any trustee by virtue of a declaration under section 12 of the [English] Trustee Act, 1893, having effect in the State;

(b)     in any person by virtue of any Law or Act, Order, or other law for the time being in force or order of court; or

(c)     in any person by virtue of the exercise of any power capable of overriding the estate of the registered owner, that person shall, on application in the prescribed form, be entitled to be registered as owner of that land or charge with, in the case of a trustee in bankruptcy or an official receiver, the addition of the words “trustee of the property of (name) a bankrupt” or “official receiver” and a reference to the country in which the bankruptcy proceedings originated.

Easement, profits a prendre, and restrictive covenants

36. Registration of easements and profits a prendre

(1)     Any easement or profit a prendre shown to be appurtenant to any registered freehold land may on first registration or subsequently be registered as appurtenant to that land, and if so registered shall be deemed to be so appurtenant.

(2)     An easement or profit a prendre to which any registered freehold land is on first registration or subsequently shown to be subject may be registered as an incumbrance affecting that land.

37. Prescription

Registration of land under this Law shall not prevent the acquisition of any easement or profit a prendre by prescription, and registration of an easement, profit a prendre, or restrictive covenant shall not prevent its extinction by non-user or abandonment.

38. Registration of restrictive covenants

(1)     The burden of a restrictive covenant capable of running with the land to which any registered freehold land is on first registration or subsequently shown to be subject may be registered as an incumbrance affecting that land, and if so registered may, subject to the terms of the covenant, be enforced against the owners and occupiers for the time being of the registered land in the same manner and to the same extent as if the land was not registered.

(2)     The benefit of a restrictive covenant which on the first registration of freehold land or subsequently is shown to be enforceable by the owner of the land for the time being may be registered as being annexed to that land, and if so registered may subject to the terms of the covenant, be enforced by the owners or occupiers for the time being of the registered land in the same manner and to the same extent as if the land was not registered.

Unregistered dealings with registered land

39. Powers of dealing with registered land of the register

Any person, whether being the registered owner or not, having a sufficient interest or power in or over registered land, may dispose of or deal with the same, and create any interests or rights therein which are permissible in the like manner and by the like modes of assurance in all respects as if the land were not registered:

Provided that all this section shall be construed as authorising any disposition of any estate, interest, or right or other dealing with land to be effected under this section if the disposition or dealing is one which could be effected under any other section, and any such disposition or dealing shall be effected under and in the manner required by such other section, and when so required shall be registered or protected as provided by this Law.

Protection of unregistered estates

40. Cautions against first registration

(1)     Any person claiming an estate, interest or claim in any unregistered land or lease may lodge with the registrar a caution against the first registration of the land or lease without notice to the cautioner.

(2)     Any person claiming that any land—

(a)     is family land under customary law; or

(b)     although not family land, is subject to customary law and that in virtue of such customary law he has rights or interest, contingent or otherwise, in respect of the land, may lodge with the registrar a caution against the first registration of the land or lease without notice to the cautioner.

(3)     Any person who under section 10 successfully opposes an application for first registration shall, on payment of the prescribed fee, be deemed to have lodged a caution with the registrar under subsection (2) of this section.

(4)     So long as any caution is subsisting, the land or lease shall be registered without the consent of the cautioner until he has been given an opportunity of being heard on the application for first registration.

41. Cautions against registered dealings

(1)     Any person claiming an unregistered estate, interest or claim in any registered land or charge, whether such estate, interest or claim is created before or after first registration, may require the registrar to register a caution against the registration of any disposition or change of ownership affecting that land or charge without notice to the cautioner.

(2)     So long as the caution is subsisting, no disposition or change of ownership affecting that land or charge shall be registered without the consent of the cautioner until the end of fourteen days after service by the registrar on the cautioner of notice of the proposed registration:

Provided that the registrar may, if he thinks fit, on receiving security to his satisfaction for the indemnification of every person injured by the delay, or, without receiving security, if he considers that the cautioner’s claim can be established and that the delay in answering the notice is due to circumstances beyond the cautioner’s control, postpone the proposed registration for such further period as he thinks fit.

(3)     If before the end of the period aforesaid it is shown to the satisfaction of the registrar that the proposed registration will prejudicially affect the unregistered estate, interest or claim, the registrar shall, as the justice of the case requires, either refuse or postpone the proposed registration or complete it subject to the prior registration of the cautioner’s estate, interest or claim as an incumbrance or subject to the registration of such caution or restriction or other notice, note or entry as, in the opinion of the registrar, will sufficiently protect the unregistered estate, interest or claim.

(4)     A caution shall not be entered on a certificate of title unless the registered owner consents or the registrar so orders.

(5)     When notice of a proposed disposition or change of ownership has been given pursuant to a caution and the registration of such disposition or change of ownership has been effected, the caution expires and shall be cancelled.

42. Restrictions

(1)     For the purpose of protecting an unregistered estate, interest or claim whether created before or after first registration, the registered owner of any land or charge and, with the consent of the registrar, every person claiming any such unregistered estate, interest or claim may require of the registrar a restriction prohibiting the registration of any disposition or change of ownership affecting the land or charge unless such of the following things as are specified in the restriction are done or happen—

(a)     unless notice of the proposed registration be served on a named person;

(b)     unless the consent of a named person be given to the proposed registration;

(c)     unless such other thing be done, condition fulfilled, or event happen as may, with the consent of the registrar, be specified in the restriction.

(2)     A restriction may be entered in any certificate of title affected thereby, and where registration of the restriction is required by the registered owner of the land or charge the registrar may refuse to register the restriction unless such certificate is produced in order that the restriction may be entered thereon.

(3)     The registrar may of his own motion enter a restriction.

(4)     So long as a restriction is subsisting, no disposition or change of ownership affecting the land or charge shall be registered except by order of the registrar or until the requirements of the restriction are fulfilled.

43. Procedure for cautions and restrictions

(1)     The existence of the unregistered estate, interest or claim to be protected by a caution or restriction or other notice, note or entry shall be verified in such manner as may be prescribed.

(2)     The registrar may refuse to accept, or, after giving all persons appearing by the register to be interested an opportunity of being heard, modify or withdraw a caution or restriction or other notice, note or entry if, in his opinion, it is or has become unnecessary or will cause unnecessary inconvenience, or the estate, interest or claim to be protected cannot be sustained or has determined.

(3)     A caution may be withdrawn by the person who lodged it or applied for its registration provided that a caution lodged under section 43 (2) shall only be withdrawn after the prescribed notice.

(4)     Any person injured by reason of the lodgment or registration by any person other than the registrar of a caution without reasonable cause may recover compensation from the person who lodged it or required it to be registered.

44. Unregistered estates

An unregistered estate, interest or claim which, in the opinion of the registrar, cannot otherwise be adequately protected, may be registered as an incumbrance.

Estate conferred by registration

45. Estate of registered owner of land

(1)     Save as in this Law mentioned—

(a)     registration of any person as owner of freehold land shall vest in that person an estate in fee simple in that land, together with all buildings, erections, fixtures, commons, hedges, ditches, fences, ways, liberties, privileges, easements, rights, and advantages whatsoever, appertaining or reputed to registration demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to the land or any part thereof, and free from all estates whatsoever, including those of the State:

Provided that registration of any person under this Law shall not confer any right to any minerals or to any petroleum as defined in the Minerals and Mining Act and the Petroleum Act respectively;

[Caps. M12 and P10 LFN.]

(b)     registration of any person as owner of a lease shall vest in that person the possession of the land comprised in the lease for the unexpired residue of the term created by the lease, with all implied or expressed rights, privileges, and appurtenances attached to the estate of the lessee, and free from all estates whatsoever, including those of the State.

(2)     The estate of every registered owner of land is subject—

(a)     to any registered charges or incumbrances;

(b)     to any estates by this Law declared not to be incumbrances;

(c)     to any unregistered estates created by himself or arising by reason of his fiduciary relation to any person or protected by a caution or restriction or other notice, note or entry.

(3)     The estate of the first registered owner of land is subject to any estate adverse to or in derogation of his title and subsisting or capable of arising at the time of first registration.

(4)     The estate of every subsequent registered owner of land, not being a purchaser for value, is subject to any unregistered estate affecting the estate of any previous registered owner through whom he derives title, back to and including the last preceding purchaser for value.

46. Liabilities of registered lessee

(1)     The estate of every registered owner of a lease is subject to all implied or expressed covenants, obligations, and liabilities incident to the ownership of the lease, and to any right of re-entry or forfeiture.

(2)     Registration of any person as the owner of a lease without a declaration in the register that the lessor had a right to grant the lease shall not affect any estate paramount to or in derogation of the title of the lessor to grant the lease. Such a declaration shall only be registered where the title of the lessor to grant the lease has been proved to the satisfaction of the registrar.

47. State grants

The estate of every registered owner of land comprised in a grant of State land is subject to all exceptions, reservations, covenants and conditions contained in or implied by the grant or conferred by any Law, Act or other law for the time being in force.

48. Registered charges

(1)     Save as in this Law mentioned, registration of any person as owner of a charge shall vest in that person the rights, powers, and remedies conferred by the charge and the right to recover and receive the money secured thereby, free from all estates whatsoever, including those of the State.

(2)     The estate of every registered owner of a charge is subject—

(a)     to any registered charges or incumbrances having priority to his charge;

(b)     to any estates by this Law declared not to be incumbrances;

(c)     to any unregistered estates created by himself or arising by reason of his fiduciary relation to any person or protected by a caution or restriction or other notice, note or entry.

(3)     The estate of the first registered owner of a charge created otherwise than for value, or of any registered owner of a charge acquired otherwise than for value, whether originally created for value or not, is subject to any registered estate affecting the estate of any person through whom he derives title, back to and including the last preceding purchase for value.

49. Overriding interests

All registered land shall be deemed to be subject to such of the following overriding interests as may be for the time being subsisting in reference thereto, and such estates shall not be treated as incumbrances within the meaning of this Law—

(a)     easements;

(b)     rights, privileges, and appurtenances appertaining or reputed to appertain to any other land, demised, occupied, or enjoyed with any other land, or reputed or known as part or parcel of or appurtenant to any other land;

(c)     rights of entry, search, and user, and other rights and reservations incidental to or required for the purpose of giving full effect to the enjoyment of rights to mines, minerals, and petroleum;

(d)     any permit to survey or oil pipeline licence granted under the Oil Pipelines Act;

(e)     leases or agreements for leases for any term less than five years where there is actual occupation under the lease or agreement;

(f)      any public highway;

(g)     any tax or rate for the time being declared by law to be a charge on land or houses;

(h)     rights acquired or in process of being acquired under the Limitations Acts; and

(i)      the rights of every person in possession or actual occupation of the land to which he may be entitled in right of such possession or occupation, save where inquiry is made of such person and the rights are not disclosed.

50. Void disposition

(1)     Registration of any person as owner of any land, lease, or charge consequent on a forged disposition or any disposition which, if unregistered, would be absolutely void confers no estate on such registered owner, but he shall, in the event of the register being rectified to his prejudice on that account and claiming in good faith under a forged disposition be entitled to receive compensation from the Government.

(2)     Nothing in this section shall be deemed to invalidate any estate acquired by any subsequent registered owner, being a purchaser for value, or by any person deriving title under such subsequent registered owner.

51. Notice of unregistered estates

A registered owner of any land or charge, being a purchaser for value, is not affected by notice, whether express or implied, of any unregistered estate, interest or claim affecting the estate of any previous registered owner, or concerned to inquire whether the terms of any caution or restriction so far as they relate to the time prior to the registration of himself as owner of such land or charge, have been complied with.

Certificates of title and mortgages by deposit

52. Issue of certificates of title

(1)     The registrar shall issue to the registered owner of any land or charge a certificate of title in the prescribed form showing in the prescribed manner all subsisting entries in the register affecting that land or charge.

(2)     A certificate of title may at any time be returned to the registrar, who, if at any time so required, shall reissue the certificate or issue ad new certificate in lieu thereof.

(3)     The registered owner of a lease or charge of land comprised in a State grant shall, if required by the registrar, supply a correct copy of the lease, charge, or grant, in a form suitable for annexation to the certificate.

(4)     A receipt for each certificate of title shall be signed by the recipient.

(5)     A certificate of title shall be prima facie evidence of the several matters contained therein.

53. Certificate to be produced on registration of disposition

An outstanding certificate of title shall, unless its absence is accounted for to the satisfaction of the registrar, be produced to the registrar on the registration of every disposition by the registered owner of the land or charge to which it relates and on the registration of every change of ownership of that land or charge, and, if the same certificate is reissued, a note of the disposition or change of ownership shall be indorsed thereon:

Provided that the registered owner of a charge on foreclosure, and a purchaser from the registered owner of a charge selling under the power of sale conferred by the charge, may be registered as the owner of the land or lease foreclosed or sold, and, except where notice of a mortgage by deposit has been registered, a new certificate of title to that land or lease may be issued without production of the old certificate of title to the land, and in such a notice of the cancellation of the old certificate shall be published in the State Gazette.

54. Lost certificate

The registrar on being satisfied of the loss or destruction of a certificate of title may issue a new certificate:

Provided that—

(a)     before issuing a new certificate, the loss or destruction shall be advertised to the satisfaction of the registrar at least three times in the State Gazette and, if the registrar thinks fit, in a newspaper circulating in the State;

(b)     the registrar may, if he thinks fit, require security to be given to his satisfaction for the indemnification of the Government or any person injured by the issue of the new certificate.

55. Mortgage by deposit or certificate

(1)     The deposit by the registered owner of land or a charge of his certificate of title with the intention of mortgaging his land or charge shall have the same effect as does the deposit of the title deeds of unregistered land or of a mortgage deed of unregistered land with the same intention:

Provided that the mortgage so created shall be subject to all registered charges and incumbrances and to all unregistered estates protected by any caution or by any restriction.

(2)     A mortgage by deposit of a certificate of title shall within two months from the date of the deposit give notice of the mortgage to the registrar in the prescribed form, and, if he fails to do so, his mortgage shall be postponed to any rights acquired by registration after the end of such two months. The registrar shall then register the mortgage as an encumbrance. Such notice may be given by telegram, but shall as soon as possible be confirmed by a written notice.

(3)     A mortgagee by deposit of a certificate of title shall not in any case be entitled to receive any compensation from the Government for loss occasioned by any matter or thing happening or done before the receipt by the registrar of notice of the mortgage.

(4)     The registrar may, if he thinks it necessary for the purpose of preventing fraud, indorse on a certificate of title the words “mortgage by deposit forbidden” and in such case a mortgage by deposit of that certificate shall not be effective.

Rectification of the register and compensation

56. Alterations of lease or charge

The registrar may, with the consent of all persons appearing by the register to be affected, alter the terms of a registered lease, charge, or other document, and alter the register accordingly.

57. Corrections of errors in register

The registrar may cause to be corrected any error or omission in the register which does not affect any person appearing by the register to be interested in the land, lease, or charge concerned, and, with the consent of all persons appearing by the register to be so interested, may cause all other errors or omissions in the register to be corrected.

58. Corrections of errors in register

(1)     The register may be rectified pursuant to an order of the court or by the registrar, subject to an appeal to the court, in any of the following cases, but subject to the provisions of this section—

(a)     subject to any express provisions of this Law to the contrary, where the court has decided that any person is entitled to any estate, right or interest in or to any registered land or charge and as a consequence of such decision such court is of the opinion that a rectification of the register is required and makes an order to that effect;

(b)     subject to any express provision of this Law to the contrary, where the court, on the application in the prescribed manner of any person who is aggrieved by any entry made in, or by the omission of any entry from, the register, or by any default being made, or unnecessary delay taking place, in the making of any entry in the register, makes an order for the rectification of the register;

(c)     in any case and at any time with the consent of all persons interested;

(d)     where the court or the registrar is satisfied that any entry in the register has been obtained by fraud;

(e)     where two or more persons are, by mistake, registered as owners of the same registered estate or of the same charge;

(f)      in any other case where, by reason of any error or omission in the register, or by reason of any entry made under a mistake, it may be deemed just to rectify the register.

(2)     The register may be rectified under this section, notwithstanding that the rectification may affect any estates, rights, charges or interests acquired or protected by registration, or by any entry on the register, or otherwise.

(3)     The register shall not be rectified, except for the purpose of giving effect to an overriding interest, so as to affect the title of the owner in possession—

(a)     unless such owner is a party or privy or had caused or substantially contributed by his act, neglect or default, to the fraud, mistake or omission in consequence of which such rectification is sought; or

(b)     unless the immediate disposition of him was void, or the disposition to any person through whom he claims otherwise than for valuable consideration was void; or

(c)     unless for any other reason, in any particular case, it is considered that it would be unjust not to rectify the register against him.

(4)     The registrar shall obey the order of the court in relation to any registered land on being served with the order or an official copy thereof.

(5)     On every rectification of the register the land certificate and any charge certificate which may be attached shall be produced to the registrar unless an order to the contrary is made by him.

59. Extinction of registered title under Limitation Acts

Where it is shown to the satisfaction of the court that the title of the registered owner of any land or charge has been extinguished under the provisions of the Limitation Law, the court may order the register to be rectified accordingly and the person suffering loss by such rectification shall not receive any compensation.

[Cap. L14.]

(1)     Subject to the provisions of this Law, when an error or omission is made in the register, or an entry in the register is made or procured by or in pursuance of fraud or mistake, and the error omission or entry is not capable of rectification, any person suffering loss thereby, and any registered owner of any land or charge, being a purchaser for value to whose prejudice the register is rectified under the provisions of this Law, and suffering loss by reason of such rectification, shall be entitled to recover compensation from his loss from the Government:

Provided that a person shall not be entitled to compensation for any loss which he has caused or to which he has substantially contributed by the act, neglect or default of himself or his agent, or by omission to lodge or require the registration of a sufficient caution or restriction to protect his interest, or by delay in commencing proceedings for the rectification of the register, or for loss caused by any act, omission, or decision of the registrar to which that person was a party or consented, or done or made after that person has been given an opportunity of being heard:

Provided further that no compensation shall be payable on account of costs incurred in taking or defending any legal proceedings without the consent of the registrar.

(2)     Subject as hereinbefore provided an owner of any registered land or charge claiming in good faith under a forged disposition shall, where the register is rectified, be deemed to have suffered loss by reason of such rectification and shall be entitled to be indemnified under this Law.

(3)     Where compensation is paid or payable by the Government for a loss, the Attorney-General on behalf of the Government may recover the amount paid or payable from any person who has caused or substantially contributed to the loss by act, neglect, or default.

(4)     A claim for indemnity under this section shall be deemed a simple contract debt, and for the purpose of the Limitation Law, the cause of action shall be deemed to arise at the time when the claimant knows, or but for his own default might know, of the existence of his claim.

61. Indemnity of registrar etc.

Neither the registrar nor any deputy or assistant registrar nor any person acting under the authority of the registrar or any deputy or assistant registrar shall be liable to any suit for or in respect of any act or omission done or omitted in good faith in the exercise or supposed exercise of the powers conferred by this Law or any rule, or by reason of any omission to take precaution to protect an unregistered estate.

Surveys and boundaries

62. Surveys

(1)     Except as mentioned in this section, the registrar shall not register any freehold land or any lease having more than twenty years to run, unless the land has been surveyed to his satisfaction and to the satisfaction of the Surveyor-General of the State.

(2)     Where the description of the land is, in the opinion of the registrar, sufficiently definite to enable the land to be located by survey at any time, or such land has been located to the satisfaction of the registrar on a general map provided by the Surveyor-General of the State, the registrar may in his discretion register the land without a survey, but may at any time require the land to be surveyed, or himself cause it to be surveyed at the expense of the registered owner, when, in his opinion, a survey has become necessary to avoid confusion with other registered land or land sought to be registered.

(3)     Where land is registered without having been surveyed, a note to that effect shall be made in the register, and in such case the rights of every registered owner of the land or of a charge on the land shall extend only over such area of land as in fact comprised in the grant or lease.

(4)     Where land which is registered without having been surveyed is subsequently surveyed to the satisfaction of the registrar, he may, after giving all persons interested an opportunity of being heard, rectify the description of the land in the register in such manner as may be necessary.

63. Boundaries

(1)     The description in the register and the registered plan of registered land, even if surveyed, shall not be conclusive as to the boundaries or extent of any land, and shall be deemed to indicate the general boundaries only, and, where a boundary is stated or appears from the plan to be a wall, fence, river, road or similar object, the question whether the whole or any and what part of that wall, fence, river, road, or other object is or is not included in the title shall, unless otherwise stated in the register, be deemed to be undetermined.

(2)     The registrar may at any time, after giving all persons interested an opportunity of being heard, fix the exact line of any boundary or part of a boundary and rectify the description of the land in the register or any registered plan in such manner as may be necessary. In such case a note shall be made in the register to the effect that the boundaries have been fixed.  The registered description and plan shall then be deemed to define the boundaries accurately.

64. Foreshore

Land below high-water mark at ordinary spring tides of the sea or a tidal river is not included in any title unless the contrary is expressly noted in the register.

65. Subdivision and combination of titles

(1)     The registrar may, at the request of the registered owner and after giving all persons appearing by the register to be affected an opportunity of being heard, divide the registered land comprised in one title into two or more titles, or combine the registered land comprised in two or more titles into one or more titles, or transfer part of the registered land comprised in one title to another title.

(2)     In such case and where part only of the land comprised in a title is transferred it shall be in the discretion of the registrar whether and to what extent a survey shall be made.

The register

66. Forms, and method of keeping register

The register for the purpose of this Law shall consist of three parts, namely, the property register, the proprietorship register and the charges register, and shall be kept in the prescribed manner.

67. Authentication of documents

Before filing any document or making an entry in the register, the registrar may require such evidence of the authenticity of the document to be filed, its due execution, the identity of persons, and of the documents or facts giving occasion for the entry as in each case he may think necessary.

68. Withdrawal of obsolete entries

(1)     The registrar may at any time, after such inquiry and notice, if any, as he thinks fit, and upon production of such evidence as may be prescribed or as he may deem necessary, withdraw from the register by cancellation or otherwise any lease, charge, incumbrance, plan, caution, restriction, notice, note or other entry which he is satisfied has determined, ceased, or been discharged, or for any other reason no longer affects or relates to the registered land or charge.

(2)     Where an entry in the register is superseded by any subsequent entry, such first mentioned entry shall be deemed to have been cancelled, and physical cancellation shall not be required unless the registrar at the time or subsequently considers physical cancellation to be convenient.

69. Time of registration

(1)     The date of the receipt of each application for an entry to be made in the register shall be noted on the application, which shall be serially numbered and, if the application is in order, it shall be deemed to have been received in numerical order.

(2)     An application delivered by post or under cover shall be deemed to be received at the close of office hours on the day on which it is delivered or, if it is delivered after the close of office hours, at the opening of office hours on the day following.

70. Entry of value

On first registration and on subsequent changes of ownership, the registrar shall, wherever practicable, enter on the register the declared value or the price paid.

71. Indices and inspection of registers

(1)     There shall be kept in the registry—

(a)     a general map showing as far as practicable the position and extent of all registered land:

Provided that the Government shall be under no liability in respect of any incorrectness in such plan;

(b)     an index of the names of all registered owners of land, showing the registered numbers of their titles; and

(c)     an index of pending applications for first registration, showing the name of each applicant and indicating the locality of the land claimed by him.

(2)     Any person registered as the owner of any land or charge, and any person authorized by any such registered owner or by an order of the court, or by a general rule, but no other person, may inspect and make copies of and extracts from any register or document in the custody of the registrar relating to such land or charge.

72. Settled land

Where any land or lease, whether on first registration or subsequently, is settled land within the meaning of the Settled Land Acts, 1882 to 1889, the trustees of the settlement for the purposes of those Acts shall be entitled to be registered as the owners of that land or lease, and, when so registered shall from time to time by the direction of the tenant for life execute any instrument which may be necessary to give effect to any disposition by the tenant for life which could lawfully be made by him if the land or lease had not been registered:

Provided that the consent of the tenant for life shall be necessary for the first registration of any settled land or lease.

73. Joint tenants and tenants in common

(1)     Any number of persons may be registered as owners of any registered land or charge, either as joint tenants or as tenants in common.

(2)     On the registration of tenants in common the share held by each registered owner shall be specified in the register.

(3)     Any undivided share may, if the registrar thinks fit, be registered under a separate title.

74. Escheats and forfeitures to the State

Where an estate in fee simple in registered freehold land determines by reason of escheat or forfeiture, or by any means becomes vested in the State or in a trustee for the State, a note to that effect shall, on the application of the Principal Lands Officer, be made on the register, and thereupon the land shall be deemed to be removed from the register:

Provided that such removal shall not affect any registered charge, lease, or incumbrance affecting the land and not vested in the State or in a trustee for the State.

75. Registration of leases and charges becoming the property of the State

Where any registered lease or charge becomes vested in the State or in a trustee for the State, the Governor for the time being as such without his name or any person appointed by the Governor shall, on the Principal Lands Officer, be registered as and be deemed to be the owner thereof in trust for the State.

Form and execution of instruments used in registration

76. Forms

(1)     The forms in the First Schedule to this Law shall be used with such modifications and additions as are necessary or desired, and allowed by the registrar.

(2)     An instrument for which no form is provided by the said First Schedule shall be in such form as the registrar may approve.

(3)     Where in any instrument a money consideration is stated, the amount shall be stated both in words and in figures.

(4)     The registrar may allow land included in any number of titles or any number of registered charges to be dealt with by the same instrument.

(5)     All forms shall be in the English Language, and shall be on paper of the prescribed size and quality.

77. Instruments expressed to be deeds, and covenants for title

(1)     An instrument which is expressed to be made or to operate as a deed shall be deemed to be a deed and shall operate accordingly, but shall not on that account require to be sealed.

(2)     Covenants for title may be implied in any such deed by the use of the appropriate words in accordance with the provisions of the Conveyancing and Law of Property Act, 1881, of the United Kingdom.

78. Registrar may require duplicates

(1)     The registrar may require any instrument to be delivered in duplicate, or may require the original and a copy to be delivered, and in such case, on completion of the registration, the original shall be returned to the person who appears to have the best right to the custody thereof.

(2)     A duplicate which is retained by the registrar shall be exempt from stamp duty. The registrar shall note thereon the amount of the stamp duty paid on the original.

79. Return and destruction of documents

(1)     All documents not required by this Law to be retained by the registrar may, when no longer required, be returned to the persons who produced the same, or their successors in title, and the registrar may direct the destruction of any documents which such persons decline to accept.

(2)     The registrar may also direct the destruction of any documents which have been in his possession or custody for three years where they have in the opinion of the registrar become altogether superseded by entries in the register, or have ceased to have any effect.

80. Proof of execution

Unless otherwise prescribed, the execution of every instrument for the purposes of any registration under this Law and, if the instrument is executed by attorney, the power of attorney shall be proved in such manner as may be required by the Land Instruments Registration Law for documents of which the registration is under that Law compulsory or as the registrar may direct, and every instrument by a corporation shall be either under seal or made by a duly appointed attorney.

81. Powers of attorney

If an instrument is executed by attorney, the power of attorney shall be produced to the registrar who may, if he thinks fit, require evidence that, at the time of execution of the instrument, the principal was alive and the power subsisting and may require to be furnished with a copy of the power of attorney.

82. Exemption of registered land from Chapter L3

(1)     No document affecting registered land executed after first registration shall require to be registered under the Land Instruments Registration Law and no registered owner, being a purchaser for value subsequent to first registration, shall be affected by notice of any document registered under such Law.

(2)     This section shall not apply to a document affecting a mortgage created before the first registration or to a document affecting an estate registered as an incumbrance in priority to the estate of the first registered owner.

(3)     This section shall not affect any obligation to register under the Land Instruments Registration Law any document affecting other land as well as registered land.

Miscellaneous matters

83. Representation of infants and lunatics

(1)     Where any person who (if not under disability) might have made any application, given any consent, done any act, or been party to any proceeding in relation to any land or charge under this Law, is an infant, idiot, or lunatic, the guardian or committee of the estate respectively of such person may make such applications, give such consents, do such acts, and be party to such proceedings, as such persons respectively, if free from disability, might have made, given, done, or been party to, and shall otherwise represent such person for the purposes of this Law; where there is no guardian or committee of the estate of any such person as aforesaid, being infant, idiot, or lunatic, or where any person is of unsound mind or incapable of managing his affairs, but has not been found lunatic under an inquisition, it shall be lawful for the court to appoint a guardian of such person for the purpose of any proceedings under this Law and from time to time to change such guardian.

Interest bound by order of court

(2)     Where the interest in any registered land or charge of any person being an infant, idiot, or lunatic or under any other disability or of an unborn person cannot otherwise be bound, the court may on the application of the registrar or any person interested make such order in the matter as it thinks just, and declare that the interest of any such person shall be bound by the order either absolutely or with such exceptions and subject to such conditions as may be specified by the court.

84. Opportunity of being heard

(1)     Where by this Law a thing is to be or may be done after giving a person an opportunity of being heard, it shall be sufficient—

(a)     if, personally or by a legal practitioner or other agent, he attends before the registrar and is given such an opportunity; or

(b)     if, personally or by a legal practitioner or other agent, he intimates that he does not desire to be heard; or

(c)     if he fails to attend pursuant to a notice indicating the nature of the thing to be done and appointing a day and time not less than seven days after service of the notice at which he will, if he attends at the registry, be heard.

(2)     When a person or a legal practitioner or other agent on his behalf attends before the registrar with reference to a matter on which he is entitled to an opportunity of being heard, or fails to attend pursuant to such a notice as aforesaid, the registrar may, if he thinks fit, adjourn the hearing from time to time, and, notwithstanding failure to attend, may, if he thinks fit, hear such person at any time.

(3)     Where by this Law all persons appearing by the register to be interested or affected are to be given an opportunity of being heard, it shall be sufficient if all persons who, according to any subsisting entry in the register, appear to be so interested or affected are given such an opportunity.

(4)     Where by this Law all persons interested are to be given an opportunity of being heard, it shall be sufficient if all persons appearing by the documents in the possession of the registrar to be so interested are given such an opportunity, and, in addition, an advertisement in the prescribed form is published at least once in the State Gazette and, if the registrar thinks fit, in a newspaper circulating in the State.

85. Representation by legal practitioner

(1)     Every person entitled to an opportunity of being heard by the registrar, and every applicant for anything to be done under this Law and every person opposing the application, shall be entitled to be represented by a legal practitioner, or, with the consent of the registrar, by any other agent.

(2)     Where by this Law any application or declaration is required to be signed or made by any person, the registrar may, if he thinks fit, accept the signature or declaration of a legal practitioner or agent for that person.

86. Production of documents

(1)     Where an applicant for anything to be done under this Law, or any person opposing the application, or any trustee for either party, has the possession or custody of any document of title, or the right to the production of any such documents which are in the possession or custody of any other person, the registrar may, after giving both parties and such trustee or other person an opportunity of being heard, order such documents to be produced and delivered to him at such time and place and on such terms as the registrar thinks fit.

(2)     The registrar may at any time order the production and delivery to him of any certificate of title for the purpose of noting any entry in the register thereon or when the holder of the certificate has ceased to be the registered owner.

87. Attendance of witnesses

(1)     Where any question arises whether an entry in the register should or should not be made, corrected, withdrawn, or cancelled, or where by this Law or any rule the registrar is expressly or impliedly authorized or required to inquire into, investigate, give any decision on, or exercise any discretion as to any matter, he may for that purpose require any person—

(a)     to attend before the registrar and be examined on oath, which the registrar is hereby authorized to administer; and

(b)     to produce to and allow the registrar to inspect and take copies of all material documents in his possession, power, or control.

(2)     The registrar may in his discretion allow the reasonable charges of any person attending before him for the purposes aforesaid.

(3)     Any person who fails to comply with the requirements of the registrar under this section within one month after service of the notice from the registrar of his requirements shall be guilty of an offence and shall on conviction be liable to a fine of one hundred naira.

88. Statutory declarations

(1)     The registrar and any deputy or assistant registrar may take any statutory declaration for the purposes of this Law.

(2)     Every such declaration shall be exempt from stamp duty.

89. Stamps

(1)     No instrument required by law to be stamped shall be accepted for registration unless it is so stamped.

(2)     Every officer of the land registry who shall receive any document to or upon which an adhesive stamp shall be affixed shall, immediately on receipt thereof, deface the stamp thereon.

90. Proof of register and acts of registrar

Every document sealed with the seal of the registry and purporting to contain an extract from the register, or to record, contain, or be any act, decision, notice, requirement, or order of the registrar, shall be admissible in evidence without proof, and shall be sufficient prima facie evidence of the matter therein contained or thereby recorded.

91. Service of notices

(1)     Where notice of any act, decision, requirement, or order of the registrar, or any matter or thing is by this Law or any rule there-under required or authorized to be served on or given to any person, the notice shall be sufficient if it records the substance of that act, decision, requirement, order, matter, or thing, and is either sealed with the seal of the registry or signed by the registrar or a deputy or assistant registrar, and shall be sufficiently served if it is served personally, or, being enclosed in a cover marked outside “Land Registry”, if it is left at the last known place of abode or business in Nigeria of the person to be served, or if it is sent by post in a registered letter marked as aforesaid and addressed to him by name at his last known place of abode or business, and if a receipt for that letter is obtained by the post office; and service by post shall be deemed to be made at the time at which such receipt is obtained. It shall be sufficient if the receipt is in the form usually used by the post office for the purpose, and it shall not be necessary to prove that the signature or initials on the receipt are those of the person to be served, or that the person signing or initialing the receipt was authorized by the person to be served to receive the letter.

(2)     The address of a registered owner as entered in the register shall, unless he otherwise directs, be his address for service. A registered owner may, if he desires, have two addresses entered in the register, to each of which notices are to be sent.

(3)     Every registered owner and every person to whom any notice is to be given or whose consent is required by a caution or restriction must have an address for service in the registration district in which the land is situated or in such other places in Nigeria as may be prescribed.

92. Costs

All costs, charges, and expenses incurred by the registrar or by any person in connection with any investigation, hearing or inquiry held by the registrar for the purposes of this Law and the charges for advertisements inserted by the registrar in the State Gazette or newspapers for any such purposes, shall be borne and paid by such persons and in such shares as the registrar shall order.

93. Enforcement of orders of registrar

If any person fails to comply with an order of the registrar, the registrar may, if he thinks fit, report the matter to the court, which may, if it thinks fit, either after or without giving any person an opportunity of being heard, enforce the order, either in its entirety or with such modifications as the court may think just, in like manner as if it was an order of the court.

Appeals to the court

94. Appeal to court from decision of registrar

(1)     Every person aggrieved by a decision or order of the registrar on any question or matter which he is by this Law expressly or impliedly required or authorised to decide, including a question or matter in his discretion and a decision to make or refuse to make any entry in the register, may, within one month from the date of the decision or order, give notice to the registrar in the prescribed form of intention to appeal to the court against such decision or order.

(2)     On receipt of a notice of appeal, the registrar shall prepare and send to the court and to the appellant, and any other person appearing by the register to be affected by the appeal, a brief statement of the question in issue.

(3)     On the hearing of the appeal, the appellant and the registrar, and any other person who, in the opinion of the court, is affected by the appeal, may, subject to any rules of the court, appear and be heard in person or by a legal practitioner.

(4)     The court may make such order on the appeal as the circumstances may require, and every such order shall be obeyed by the registrar.

(5)     The costs of the appeal shall be in the discretion of the court:

Provided that the registrar shall not be ordered to pay any costs unless, in the opinion of the court, the appeal was occasioned by his wilful misconduct.

(6)     Every person aggrieved by an order of the court may appeal to the Federal Court of Appeal within such time and in such manner as may be provided by the law and unless of court for the time being in force relating to appeals to that court in civil cases.

95. Effect of appeal on registered dealing

(1)     An appeal to the court shall not affect a dealing for value registered before delivery of notice of the appeal to the registrar.

(2)     A note that an appeal to the court is pending shall be registered against the entry in the register affected by the appeal.

(3)     This section shall apply to an appeal from an order of the court to the Federal Court of Appeal in like manner as it applies to an appeal to the court.

96. Power to refer question to court

The registrar may apply to the court in a summary manner for the determination of any question of doubt or difficulty, whether of law or fact, arising in connection with his duties under this Law, and a reference in this Law to an appeal to the court shall be construed as including an application to the court under this section.

97. Fees

(1)     Except in so far as they may be altered by rules the fees specified in the Second Schedule to this Law shall be payable for the several matters therein specified.

(2)     Where the amount of a fee is not immediately ascertainable, or where any expenses are likely to be incurred by the registrar, he may require such deposit as he thinks fit.

(3)     (a)  In the case of the registration of land or of any transfer of land on the occasion of a sale, the value of the land shall be determined by the amount of the purchase money, if the application for the registration of the land or of the transfer is made within one year of the sale.

(b)     In the case of the registration of land or of any transfer of land not upon a sale, or upon a sale if more than one year has elapsed since the sale, the value of the land shall be assessed by the registrar at such sum as in his opinion the property would fetch if sold in the open market at the time when the registration is effected. In assessing such value the registrar may accept as evidence a statement in writing as to the value of the property signed by the applicant or his solicitor, or any other person who in the registrar’s opinion is competent to make such a statement.

(c)     Where in other cases the amount of a fee depends on the value of any property or on the amount of a charge or consideration, the value shall be ascertained or the amount of the charge or consideration verified in such manner as may be prescribed.

(4)     The registrar may refuse to proceed with any matter until the appropriate fee has been paid or deposited.

(5)     Unpaid fees or expenses incurred by the registrar may be recovered by the registrar by civil suit from the person applying for the doing of the thing in respect of which the fee is payable.

(6)     If an application for first registration of land, or for any entry in the register, is cancelled, such portion of the fee may be returned as the registrar shall prescribe.

Rules

98. Power to make rules

Subject to the provision of this Law, the Commissioner may make rules—

(a)     as to any matter which by this Law is to or may be prescribed;

(b)     altering or adding to the forms to be used and the fees to be paid; and

(c)     as to any other matter or thing, whether of a nature similar to those above mentioned or not, as to which, in the opinion of the Commissioner, it is expedient that a\ rule should be made for the purpose of carrying this Law into effect.

99. Short title

This Law may be cited as the Registration of Titles Law.

100. Application

(1)     The Governor may by order apply this Law to any area in the State and any such area is in this Law referred to as a registration district.

(2)     The Governor may from time to time by order alter the boundaries of any registration district or may by order abolish any such district.

(3)     This Law shall not apply to mining leases or oil mining leases granted under the provisions of the Minerals and Mining Act or the Petroleum Act respectively.

[Caps. M12 and P10 LFN.]

101. Interpretation

In this Law—

“certificate of title” means a certificate issued by the registrar in accordance with the provisions of section 55;

“Commissioner” means the member of the State Executive Council with responsibility for lands;

“Court” means the High Court;

“estate” includes right or equity;

“first registration” means the first registration of a fee simple estate in any land or, in the case of a lease of any land in respect of which a fee simple estate has not been registered, the first registration of such lease;

“legal practitioner” means any person entitled to practice as a barrister or solicitor in the High Court or Supreme Court;

“mortgage”, “lease” and “charge” respectively include a sub-mortgage, a sub-lease, and a sub-charge;

“prescribed” means prescribed by this Law or, subject to the provisions of this Law, by rules made under this Law, or, subject to the provisions of this Law or any such rules, by the registrar;

“purchaser for value” includes a transferee, lessee, or mortgagee for value;

“registered land” includes land demised by a registered lease, and “registered owner of land” includes the registered owner of a lease;

“registrar” means the registrar of the registry;

“registry” means a land registry established under this Law;

“rules” means rules made under this Law.

SCHEDULES

FIRST SCHEDULE

FORM 1

Application for first registration

Date: ……………………………………………….

I (A.B. ………………………………………… of ……………………………………………….. , etc.) hereby apply to be registered as owner of (describe land) (or of the land described in the annexed lease dated, etc.) (or of the land shown in the plan now produced to me and marked A) and I solemnly and sincerely declare as follows—

1. (State full particulars of applicant’s title and of any incumbrances.)
2. To the best of my knowledge and belief no person other than myself (save as aforesaid) has any estate or interest in the said land (or lease).
3. The following are the owners and occupiers of all land adjoining the said land (or the land comprised in the said lease) (give names and addresses).
4. The plan now produced to me and marked A to the best of my knowledge and belief represents the said land and its boundaries.
5. The list now produced to me and marked B describes to the best of my knowledge and belief all the documents of title affecting the said land (or lease) and states in whose possession any documents in which a copy or duplicate is registered.
6. My address for service in Nigeria is ……………………………………………………………
7. The value of the said land (or lease) is, in my estimation, ……………………………….. And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1835.

Declared at (state where) this …………………………. day of …………………………………… , 20……………………………..

Before me ………………………………………………………………………………………………….. ……………………………………………..     ……………………………………………………                     (Add style of office)                                   Signature of applicant)

N.B.—(1)       All documents of title in the possession of the applicant must be delivered at the registry with the application together with two copies of the list. A receipt will be given for the documents. Two copies of the exhibited plan must also be delivered.

(2)      An application by a corporation must be made by a duly appointed attorney.

(3)      Where adjoining land is State land, or not being State land is in the occupation of natives who, so far as is known to the applicant, have no interest in the land greater than a yearly tenancy, it shall be sufficient to state so without giving the names of the occupiers.

(4)      The plan referred to in this form may be a sketch plan.

 

 

FORM 2

Advertisements

The following applications have been made for first registration—

No. of application	Description of land	Freehold or leasehold	Name and address of applicant

Plans of the above described lands can be seen at the Land Registry at ……………………….. Any person may by notice in writing signed by himself or his agent and delivered at the registry within two months from the date of the paper containing this advertisement object to the registration. The notice must state the grounds of the objection, and give an address for service in one of the following places—

………………………………………………………………………………………………………………..

……………………………………………………….                                                     (Registrar)

Date: ……………………………………………………..

N.B.—This form may also be used for a notice required to be served on any person with the substitution of the words “service of this notice” for the words “the paper containing this advertisement”.

FORM 3

Statutory Declaration before completion of first registration

Application No………………………………………………………………………………………………

I (A.B. ………………………………………………. of …………………………………………. , etc.) solemnly and sincerely declare to the best of my knowledge and belief as follows—

1. All documents of title affecting the title to the land (or lease) included in the above mentioned application and all facts material to such title have been disclosed in the course of the investigation of the said title by the registrar.
2. The map (or plan or sketch plan) marked A now produced to me comprises within the part edged with red the whole of such land (or the land demised by the said lease).
3. The actual possession or receipt of the rents and profits of the said land is in accordance with the title of the applicant as deduced to the registrar and the value of the land with all buildings and timber thereon (or of the leasehold interest) does not exceed………………………………………………………………………………………………
4. (State means of knowledge.)

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1835.

Declared at (state where) this ……………………….. day of ……………….. , 20 ………………

…………………………………………………..                           (Signature of applicant)

Before me

……………………………………………………….                                                                                           (Add style of office)

FORM 4

Lease

Title No. ……………………………………….. Date: ………………………………………………….

I (A.B. ………………………………………. of ………………………………………………….., etc.) by this deed lease (describe land) being the land comprised in the above title to (C.D……… ………………………………………………………. of ……………………………………………, etc.) for the term of …………………………………………………………………. years from the (date) paying therefore the yearly rent of …………………………………………….. to be paid without any deduction by equal half-yearly (quarterly) payments on the (etc.) the first of such payments to be made on (date) next. (Add any further covenants or provisions required.)

And I the said C.D. hereby apply to be registered as owner of the lease hereby created. (This clause may be omitted where the term is less than five years and there is actual occupation under the lease and the lessee does not desire to be registered as owner.) Signed and delivered by the said this (date) in my presence.           …………………………..                                                                                               (Signature of lessor) ………………………………………………………………                                                              (Signature of witness)

(Address) ………………………………………………….

(Occupation) ………………………………………………

Signed and delivered by the said this (date) in my presence.                                                                                                                                                  ………………………………..                                                                                                                                             Signature of lessee)

……………………………………………..                                                                             (Signature of witness)

(Address) ………………………………………………………………

(Occupation) ………………………………………………………….

N.B.—(1)       The original lease and a duplicate or copy thereof (which is not liable to stamp duty) must be left at the registry. The original will be returned, if desired, after the completion of the registration.

(2)      This form may be modified for a sub-lease.

FORM 5

Charge and sub-charge

Title No. ……………………………………….. Date: ………………………………………………….

In consideration of (etc.), the receipt whereof I hereby acknowledge:

I (A.B. …………………………………………………………………………………………………… of …………………………………………………………………………………………………………, etc.) by this deed charge the land comprised in the title above referred to with the payment to (C.D. ……………………………………………………of …………………………………………, etc.) on the ………………………………………….. of ……………………………………….., 20 ………, of the principal sum of ……………………………………………………………………… with interest in the meantime at ………………………………………………………….. per centum per annum and if that sum is not so paid with interest as aforesaid on the day aforesaid I further charge the said land with interest at the rate aforesaid on the principal money for the time being owing on this security payable half-yearly (quarterly) on the (etc.), in every year. (Add any further provisions required.)

And I the said C.D. apply to be registered as owner of the charge hereby created.

Signed and delivered by the said                         ………………………………………………….          this (date) in my presence.                                    (Signature of registered owner of land)

………………………………………………………..                                                                         (Signature of witness)

(Address) …………………………………………..

(Occupation) ……………………………………….

Signed and delivered by the said this                      ……………………………………………….                                                  (date) in my presence.                                                (Signature of owner of charge)

……………………………………………….                                                                                          (Signature of witness)

(Address) ……………………………………………

(Occupation) ………………………………………..

N.B.—(1)       The original and a duplicate or copy (which is not liable to stamp duty) of the charge must be left at the registry. The original will be returned, if desired, after completion of the registration.

(2)      This form may be modified for a sub-charge, substituting for “the land comprised in the title above referred to” the words “the charge (dated) and registered (date)”.

FORM 6

Release of a charge

Title No. ……………………………………………. Date: ………………………………………………

I (registered owner of charge) by this deed release the charge dated (date) and registered (date) of which I am registered owner.

And I (registered owner of land) hereby apply that the said charge may be withdrawn from the register.

Signed and delivered by the said                 …………………………………………………….. this (date) inmy presence.                                    (Signature of owner of charge)

………………………………………………..                                                                                   (Signature of witness)

(Address) …………………………………….

(Occupation) …………………………………

Signed and delivered by the said                          ………………………………………………….    this (date) in my presence.                                    (Signature of registered owner of land)

…………………………………………………..                                                                               (Signature of witness)

(Address) ……………………………………..

(Occupation) …………………………………

FORM 7

Transfer

Title No. …………………………………………. Date: ………………………………………………..

In consideration of (etc.), I (A.B. …………………………………….. of …………………………… etc.) by this deed hereby transfer to (C.D. ……………………………………………………….. of ……………………………………………………………., etc.) in fee simple the land comprised in the above mentioned title.

And I the said C.D. hereby apply to be registered as owner of the said land.

Signed and delivered by the said                                   ………………………………………….                             this (date) in my presence.                                                  (Signature of transferor)

………………………………………………………….                                                                         (Signature of witness)

(Address) ……………………………………………..

(Occupation) ………………………………………….

Signed and delivered by the said                  ………………………………………………………..    this (date) in my presence.                                       (Signature of transferee)

………………………………………………………….                                                                               (Signature of witness)

(Address) ………………………………………………

(Occupation) …………………………………………..

N.B.—This form may be modified for a transfer of a lease or charge.

FORM 8

Application on change of ownership otherwise than by transfer or on foreclosure

Title No. ………………………………………………. Date: …………………………………………..

I (A.B. ……………………………………………… of ……………………………………………. etc.) hereby apply to be registered as owner of the land comprised in the above mentioned title as personal representative of C.D. deceased (or as may be).

And I solemnly and sincerely declare (state death or other circumstances giving rise to the application, exhibiting any probate or letters of administration, foreclosure order, or other material document).

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions the Statutory Declarations Act, 1835.

Declared at (state where) this ………………………….. day of ……………………. , 20 ………..

………………………………………….                                                                                (Signature of applicant)

Before me                                                     ………………………………………………………………..                                                                        (Add style of office)

N.B.—An application by a corporation must be made by a duly appointed attorney.

FORM 9

Caution against first registration

I (name and address of cautioner) hereby lodge a caution against the first registration of (describe the land) shown and edged with red on the attached plan (held under a lease, etc.).

And I hereby solemnly and sincerely declare that (give particulars of applicant’s interest in the land or lease).

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1835.

Declared at (state where) this ………………………. day of ……………….. ,20 …………………

…………………………………………………..                             (Signature of applicant)

Before me                                                  ……………………………………………………………..                                                                          (Add style of office)

 

FORM 10

Caution or restriction on registered dealing

Title No. …………………………………… Date ………………………………………………………..

I (name and address of cautioner) hereby apply for registration of a caution against the registration of any disposition or change of ownership affecting the land comprised in the above mentioned title (or the charge dated (date) and registered (date) on the land comprised in the above mentioned title) without previous notice to me.

And I hereby solemnly and sincerely declare that (give particulars of applicant’s unregistered estate).

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1835.

Declared at (state where) this ………………………. day of ……………………, 20 ……………..

…………………………………………………….                                       (Signature of applicant)

Before me                                          …………………………………………………………………….                                                                      (Add style of office)

N.B.—(1)       This form may be modified for a restriction.

(2)      Where the registered owner consents, substitute for the declaration, “And I (name, etc., of registered owner) consent to the registration of the said caution”, followed by the attested signature of the registered owner.

FORM 11

Application to withdraw a caution or restriction

Title No. ……………………………….. Date: ………………………………………………………..

I (name and address of cautioner or person entitled to withdraw the caution or restriction) hereby apply to withdraw the caution registered in my name (or the restriction registered) on the (date) against the above mentioned title (or the charge dated, etc., on the land comprised in the above mentioned title).

………………………………………………                                       (Applicant)

FORM 12

Certificate of title to freehold land

This is to certify that the freehold land (described land) is registered in the Land Registry at ……………………………………………………………………………………………….. under Title No. …………………………………………                                                                     Copies of the subsisting entries in the register are within.

DATED, etc., ……………………………………………………………………. Seal of Registry.

N.B.—In the case of a State grant a copy of the grant should be annexed.

FORM 13

Certificate of title to leasehold land

This is to certify that the annexed lease dated, etc., is registered in the Land Registry at ………………………………………………………………………………………………………. under Title No. …………………………………………                                                                               Copies of the subsisting entries in the register are within.

DATED, etc., ……………………………………………………………………. Seal of Registry.

 

 

 

 

FORM 14

Certificate of title to charge

Title No. ……………………………………………………………..

This is to certify that the annexed charge on the land comprised in the above mentioned title was on the (date) registered in the Land Registry at …………………………………………. Copies of the subsisting entries in the register are within.

DATED, etc., ……………………………………………………………………. Seal of Registry.

FORM 15

Notice of mortgage by deposit

Title No. …………………………………… Date: ………………………………………………………. To the Registrar.

I (AB. ………………………………………………. of ………………………………………….. , etc.) hereby give you notice that the certificate of the above title (or the certificate of title to a charge (date) and registered (date) on the land comprised in the above title) has been deposited with me by way of mortgage by deposit to secure (state amount and rate of interest).

………………………………………………..                         (Signature of mortgagee)

…………………………………………………                          (Address of mortgagee)

FORM 16

Form of register

Title No. 00001

A.—Property Register

DISTRICT Calabar Municipality				LOCALITY Ikot Ansa
The Land shown and numbered on the Land Registry General Map as below.
Short Description   5             Street	Calabar Municipality Sheet   111.66		Section   6	Parcel No.   023

 

 

 

B.—Proprietorship Register

No. of Entry		Application No. and other remarks
1.   2.                     3.	A.B. of …………………………………………………registered on the 1st January, 1935. RESTRICTION registered on the 1st day of January, 1935 except under an order of the registrar no transfer is to be registered unless made on sale, the purchase money being paid to C.D. of………………………………………………….. Builder, and E.F. of …………………………………………………………………………., Carpenter, or into court. Except: under the order of the registrar no charge is to be registered. CAUTION registered on the 1st day of January, 1935, in favour of G.H. of ………………………………………………………………..	Price paid ₦ 315.00 6482                       7384
	C.—Charges Register
No. of Entry	CHARGES, ETC. The date at the beginning of each entry is the date on which the entry was made	Application No. and other remarks
1.	1 January, 1935—The land is subject to the Purchaser’s covenant, a copy of which is set out below, contained in a Transfer dated 3rd day of December, 1934, of the land in this Title from J.B. (Vendor) to A.B. (Purchaser) so far as such covenant runs with the land or is capable of being legally annexed thereto— “And the purchaser for himself his heirs and assigns hereby     covenants with the Vendor and his assigns at all times hereafter to     observe and perform all and every of the stipulations and     conditions set forth in the Schedule hereto—”
2	31 January, 1935—LEASE from the 1st day of February, 1935, to C.J. for 99 years at the rent of ₦14.00.	Lessor’s title registered under No. 010

N.B.—The above entries are for purposes of illustration only and may be modified as found convenient.

FORM 17

Advertisement to persons interested

To all persons interested.

Take notice (state nature of application or matter intended to be done).

Any person may by notice in writing signed by himself or his agent and delivered at the Land Registry at ………………………………………………………………………. , within one month from the date of the paper containing this advertisement request to be given an opportunity of being heard with reference to the above mentioned matter, and in such case he will be given such an opportunity in accordance with section 88 of the Registration of Titles Law.

The notice must give an address for service in one of the following places—

Date: ……………………………………………….

…………………………………………………..                                    Registrar

 

FORM 18

Notice to appeal to the High Court

Title No. ………………………………………. Date: ……………………………………………….

To the Registrar.

Take notice that I intend to appeal to the High Court against (state decision or order appealed against and grounds of appeal).

My address for service in Nigeria is ……………………………………………………………………. ………………………………………………………………………………………………………………..

…………………………………………………..                                 (Signature)

 

 

SECOND SCHEDULE

Fees

₦ k

1. On first registration. Where the value of the land or lease—

(a)      does not exceed ₦200 ………………………………………………              2.00

(b)      exceeds ₦200—

For the first ₦200 ……………………………………………………………..                     2.00

For every additional ₦200 or part thereof up to ₦1,000 ……………….              1.00

For every additional ₦200 or part thereof over ₦1,000 and up to ₦1,000 …..      0.50

For every additional ₦200 or part thereof over ₦2,000 ………………………….              0.25

2. For registration of a transfer or change of ownership (except on transmission), lease or sub-lease or transfer or determination thereof, charge or sub-charge or transfer or release thereof.

Where the value of the land or lease or amount of charge or mortgage—

(a)      does not exceed ₦200 …………………………………………………….       2.00

(b)      exceeds ₦200—

For the first ₦200 …………………………………………………………..      2.00

For every additional ₦200 or part thereof up to ₦1,000 …………….         0.50

For every additional ₦200 or part thereof over ₦1,000 ……………..        0.25

3. For registration of creation or discharge of an easement, profit a prendre or restrictive covenant ………………………………………………………………….    1.00
4. For registering a mortgage by deposit of certificate of title …………………… As in 2.
5. For registering a caution or restriction or alteration or withdrawal thereof—

In the case of registered land ……………………………………………………….              1.00

In the case of unregistered land …………………………………………………….              4.00

6. For a new certificate of title ………………………………………………………….    0.50
7. For alteration of the terms of a registered lease or charge ……………………..            2.00
8. For rectification of the register ……………………………………………………….    2.00
9. For registering a change in name, an additional address or change in address … 1.00
10. For preparing or settling a statement on an appeal or reference to the court …. 3.00
11. For inspection of a title on the register ……………………………………………. 0.50
12. For taking a declaration ……………………………………………………………….    0.20

For each exhibit thereto ……………………………………………………………….            1.10

13. For copies of documents (exclusive of plans)—

(a)      Certified—

(i)       For first folio of 100 words or part thereof ………………………………..             0.40

(ii)      For every folio or part thereof after the first ……………………………..             0.20

(b)      Uncertified—

(i)       For first folio of 100 words or part thereof ………………………………..             0.20

(ii)      For every folio or part thereof after the first ……………………………..             1.10

For translation—

(a)      Certified—

(i)       For first folio of 100 words or part thereof ……………………………….             0.80

(ii)      For every folio or part thereof after the first …………………………….            0.40

(b)      Uncertified—

(i)       For first folio of 100 words or part thereof ……………………………….    0.60

(ii)      For every folio or part thereof after the first …………………………….              0.30

For copies of plans, such sum as the registrar may direct.

For any entry or cancellation on the register or any act, matter or thing for which the registrar considers a fee should be chargeable and for which no other fee is provided, such sum as the registrar may direct but not exceeding ……………………..          2.00

 

CHAPTER R2

REGISTRATION OF TITLES LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation