UNIVERSITY OF LAGOS

FACULTY OF ENVIRONMENTAL SCIENCE

REGISTRATION
REGISTRATION OF INSTRUMENTS, TITLES &
UNDER THE LAND USE ACT

PRESENTED BY
GROUP 8
GROUP 8
COURSE TITLE
ELEMENTS OF LAND LAW II ADEOBO ADEMIDE OLWATOFUNMI
190502026
COURSE CODE
PPL 324 OJO ABDULRAHMAN ADEDOTUN
190502009
DEPARTMENT
ESTATE MANAGEMENT ADEOYE ADEOLUWA ADEWALE
190502040
LECTURER
DR ISSA ADEDOKUN OBAROMI OPEMIPO BLESSING
210502501
SESSION
2023/24
UDECHUKWU AUSTIN
DATE
190502041
MAY, 2024
 RESGISTRATION

CONTENT
i REGISTRATION
Registration of Instrumen
Registration of Titl
Distinctions Between Registration of Instrument and Registration of Titles

II LAND REGISTRATION
Importance of Land Registratio
Types of Registration

III THE LAND USE ACT & REGISTRATION

Preservation and Modification of Existing Law
Aligning Registration Laws with the Land Use Ac
Evolution of the Certificate of Occupancy

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CHAPTER 1 RESGISTRATION

Registration

What is Registration in Law

Registration is the act of making a formal entry into a register. It is a safe and easy means of

recording transactions on land and investigating titles.

In Nigeria, there are two commonly used registration methods, which are Registration of

Instruments and Registration of Titles.

REGISTRATION OF INSTRUMENTS

An instrument is a written legal document that records the formal execution of legally

enforceable acts or agreements and secures their associated legal rights, obligations, and

duties. Contracts, wills, promissory notes, deeds, and statutes passed by competent

legislatures are examples of legal instruments.

“Under Section 2 of the Law, the word “Instrument” is defined to mean where one party

usually called the grantor confers, transfers, limits, charges or extinguishes in favor of another

party called the grantee any right or title to or interest in the state. Instruments are land

documents, and the Law regulating the registration of instruments in Nigeria is the Land

Instruments Registration Law of the various states of Nigeria. The registration of

instruments was initially governed by the Land Registration Act No. 36 of 1924 which was

enacted for the whole country but was later adopted and re-enacted in the various states

under different terminologies.

What is registrable instrument?

The Land Registration Act defined registrable instrument as a document affecting land

whereby one party called the grantor confers, transfers, limits, charges, or extinguishes in

favor of another party called the grantee any right or title to the interest in land and includes a

certificate of purchase, a power of Attorney under which any instrument may be excluded but

does not include a will.

It is the contents of the document, not the way it is written, that are important when

interpreting any instrument for registration under the applicable Land Instrument

Registration Law. Therefore, in certain circumstances, the following documents explained

below are considered to be registrable instruments under the Land Instrument Registration

Law.

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 A purchase receipt: For a purchase receipt to be considered a registrable instrument, it
must grant or transfer interest/ rights in land. If a purchase receipt only serves to
acknowledge payment and neither grants nor transfers any interest in land, it is not a
registrable instrument

Document of partition: also known as a deed of partition is a document that transfers

separate interests to different individuals

A written agreement for a lease is a registrable instrument except in Lagos state where
the relevant Regulation exempts agreement to sell or lease from registration

Power of Attorney: is only registrable where it specifically relates to an interest in land.

The Power of Attorney is not registrable if it is provided to "A" solely to collect rent and not
for any other use, such as selling or leasing the property.

REGISTRATION OF TITLE

The fundamental goal of title registration is to grant each buyer a title that is supported by
the government. According to a scholarly author, "the system was created to make
conveyancing easy, inexpensive, quick, and dependable by obviating most of the obstacles
and perils to which a purchaser of land is exposed under the system of unregistered
conveyancing.

DISTINCTIONS BETWEEN REGISTRATION OF INSTRUMENTS AND REGISTRATION OF TITLE

Both registration of instruments and registration of titles deal with recording information
about land ownership and interests in land law, but they differ significantly in their approach
and impact.

S/N REGISTRATION OF INSTRUMENTS REGISTRATION OF TITLE

1 The Law regulating the registration of Registration of titles is regulated by the

instruments in Nigeria is the Land Registration of Titles Law. Originally, the
Instruments Registration Law of the system of registration was first
various states of Nigeria. The introduced in Nigeria as the Registration
registration of instruments was initially of Titles Act 1935 then applicable to the
governed by the Land Registration Act Southern Provinces and since the
No. 36 of 1924 which was enacted for the regionalisation of the Laws, has become
whole country but was later adopted and a Regional Legislation. The Act as
re-enacted in the various states under amended was subsequently adopted by

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S/N REGISTRATION OF INSTRUMENTS REGISTRATION OF TITLE

different terminologies. E.g., Cap 70 Lagos State as the Registration of Titles

Laws of Oyo State of Nigeria 2000, Cap Law, the FCT as Registration of Titles Act
L58 Laws of Lagos State of Nigeria 2003 Cap 546 Laws of the Federation of
etc Nigeria 1990

2 This system focuses on recording the This system goes beyond documents
documents themselves, such as deeds, and directly registers the actual
leases, and mortgages. It creates a ownership and interests associated with
record of transactions that affect land a specific piece of land. It provides a
ownership or rights. definitive picture of who owns the land
and what encumbrances (like mortgages
or easements) exist.

3 If a registrable instrument affecting While in the case of Registration of

state land is not registered within six Titles, the grantee must submit an
months, it is void. If not registered within application for the initial registration of
six months of execution from the date of the title contained in the conveyance,
the governor's approval, a registrable grant, or assignment within two months
instrument affecting land that is the of its execution, or during the extended
subject of a grant by a native to a non- period, if given. Any extension thereof
native is void. If such an instrument is renders the grant or transfer of the legal
executed outside of Nigeria, failure to estate void
register it within a year after execution
renders it void

4 Verifying ownership and existing Since the actual ownership and interests
interests can be more cumbersome are directly registered, it simplifies
because you need to trace the chain of verifying the land's status. This can
registered documents. This can streamline the process of buying, selling,
potentially slow down transactions. or borrowing against land.

5 U nder the Registration of Titles Law, Whereas, under the Land Instrument
there are two classes of registration: Registration Law, there is no such thing
compulsory and voluntary. as that

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CHAPTER 2 RESGISTRATION

Land Registration

Land registration is any of various systems by which matters

concerning ownership, possession, or other rights in land are formally recorded (usually with
a government agency or department) to provide evidence of title, facilitate transactions, and
prevent unlawful disposal. The information recorded and the protection provided by land
registration varies widely by jurisdiction.

In the context of Nigerian Land law, registration refers to the official process of recording
information about land ownership and interests in a public register. This process aims to
provide legal recognition of property rights, ensure transparency, prevent disputes, and
facilitate transactions by creating a reliable and accessible record of who owns what land.

The transfer of title and interests in real property is required by law to be in writing and by
deed duly executed by the parties. The parties to the transfer transaction are required to fill
and sign the relevant forms of application for consent of the Governor to alienate the
interests in real property along with a formal application for registration of the interests.

Through registration, landowners can have their rights formally documented, which helps
protect their interests and supports the efficient management and use of land resources.

Importance of Land Registration

Proof of ownership of land: This implies that the bearer of the title to the property could
easily establish ownership before any third party or a Judge by producing the duly
registered title document which is the Certificate of Occupancy (C of O) or a registered
deed of assignment
Government Compensation: Where a land is registered, a land owner is entitled to receive
compensation in the event of a public acquisition. Any government acquisition must
comply with the law and must be by way of a notice and backed by the payment of prompt
and adequate compensation
Security: Where a land is registered, it may serve as security and guard against fraudulent
sale and illegal encroachment
Safekeeping: Where a land is registered, a copy is always kept at the Land Registry, so in
the event of loss or damage of the original, the title holder could always apply for a
certified true copy (CTC) of the title deed
Easy transfer of title: Where a land title is registered in Nigeria, this makes the land highly
marketable, as there is usually the assurance of easy transfer of title. By this, the value of

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the property naturally appreciates in comparison with similar properties within the same
location
Collateral for Loan: A registered title deed can be deposited with a financial institution or
lender as proof of ownership of a property as a collateral for loan.

Types of Registration

Deed Registration: This involves the recording of documents that pertain to land
transactions, such as deeds of assignment, leases, and mortgages. While this process
ensures that such documents are officially recorded, it does not guarantee the validity of
the ownership itself, only that the transaction has been registered.

There are three basic elements needed in deed registration. The logging of the time of entry
of a property document and the indexing or referencing the instrument. Moreover, the
archiving i.e.storing of the document or a copy thereof. There are many versions of deed
registration system; however, they are all based on three essential principles which are
Security: Registration of a document in a public office provides some form of protection
against loss, destruction, or fraud

Evidence: Registered documents can be used as evidence to support a claim to a property

interest

Notice and priority

Deeds Registration shows a way for registration of title documents only; it does not register
property title. It is often not compulsory and, as a general rule, many rights are not registered.
Reviewing and assessing all the documents needed to ascertain the validity of an ownership
claim can often be extremely tiring and costly to carry out and sometimes open to conflicts..
The commonly used system of land registration in Nigeria today is Land Instrument
Registration. Every State of the Federation has its own Land Instruments Registration Law

Title Registration: Unlike deed registration, title registration involves the registration of
the land title itself, which provides a state-backed guarantee of the owner's legal right to
the property. This system offers greater security and certainty of land ownership, as the
registered title is conclusive proof of ownership.

In this type of system, the register shows the current property ownership and the
outstanding charges and liens. Here, registration is usually mandatory, and the state plays a
crucial role in studying and warranting transactions. In fact, in most cases, title, once issued,
is unchangeable. If someone with a better claim to the land shows his claim he does not
recover ‘his’ property but rather has a remedy against the state in indemnity.

These systems aim to enhance land administration, reduce disputes, and facilitate property

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transactions by providing clear and legally recognized records of land ownership and
interests.

So, with deed registration, it records the trade, but with title registration, it proves ownership

Compulsory Registration: This means that by law, certain land transactions must be
registered. It's like a rule that everyone has to follow to make sure all property changes are
officially recorded. This helps keep land records complete and accurate, reducing disputes
and confusion about who owns what.

Registration becomes compulsory for unregistered freeholds or unregistered leases where

there was a transfer of ownership (including through a sale, inheritance or via a gift), a
mortgage or the death of the sole proprietor, these are referred to as trigger events. For first
registration to be compulsory, the trigger event must have been made in one of the following
ways
For valuable or other consideration. This catches any transaction at a negative value, but it
does not include transfers within marriage

As a gif

Required by a court orde

Voluntary Registration: This allows landowners to choose whether or not to register their
property. It's optional, so not everyone has to do it, but those who do get the benefit of
having official proof of their ownership. This can make it easier to sell or mortgage the
property in the future. This process is the same as compulsory registration.

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CHAPTER 3 RESGISTRATION

THE LAND USE ACT & REGISTRATION

The Land Use Act of 1978 is a transformative piece of legislation that centralized land
management in Nigeria, significantly altering the framework of land tenure. A key aspect of
this transformation involves the intersection of the Act with existing land registration laws
and its implications for land titles and interests.

Preservation and Modification of Existing Laws

Section 48 of the Land Use Act preserves all pre-existing laws, including those related to land
registration, with the provision that they may be modified to align with the Act's provisions or
general intent. This preservation means that the established framework for land registration
remains intact but must be adapted to comply with the Act's new legal landscape.

To align registration laws with the Act, a document of title must not only qualify as a
registrable instrument under the Land Instrument Registration Law but also comply with the
Act's requirements when it involves the alienation of land rights. This includes assignments,
subleases, mortgages, or any other forms of transfer. Specifically, Section 22 of the Land Use
Act mandates that any such transaction must obtain the Governor's consent. The Supreme
Court case Savannah Bank Ltd v. Ajilo (1989) underscored this requirement by declaring that
any alienation of land without the Governor's consent is null and void, emphasizing the critical
nature of this provision.

Aligning Registration Laws with the Land Use Act

Several adjustments are necessary to ensure that the Land Instrument Registration Law
aligns with the Land Use Act

Inclusion of Certificate of Occupancy as a Registrable Instrument

Current Situation: The Land Instrument Registration Law does not consider a Certificate
of Occupancy as a registrable instrument
Adjustments Required: Amend the Land Instrument Registration Law to include
Certificates of Occupancy issued under the Land Use Act as registrable instruments. This
inclusion recognizes the Certificate of Occupancy as the primary document evidencing
the right to occupy and use land, thereby integrating it into the registration framework.

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Governor's Consent for Registrable Instruments
Current Situation: Under the Land Use Act, any transaction involving the alienation of land
rights requires the Governor's consent
Adjustments Required: Amend the Land Instrument Registration Law to explicitly require
proof of the Governor's consent for any registrable instrument involving the transfer,
mortgage, or sublease of land. This ensures compliance with Section 22 of the Land Use
Act and avoids the nullification of transactions lacking such consent

Redefinition of "Fee Simple" as "Right of Occupancy"

Current Situation: The Registration of Titles Law uses the term "fee simple," which
denotes absolute ownership
Adjustments Required: Amend the Registration of Titles Law to replace references to "fee
simple" with "right of occupancy." This change aligns with the Land Use Act, which does
not recognize fee simple ownership but rather grants rights of occupancy as the highest
form of land right

Replacement of Leases with Subleases

Current Situation: Traditional lease agreements imply a form of ownership that is
inconsistent with the conditional occupancy rights under the Land Use Act
Adjustments Required: Modify the Land Instrument Registration Law to reflect that
subleases, rather than leases, are the primary form of land tenure agreement under the
Land Use Act. This adjustment acknowledges the limited and conditional nature of land
rights granted by the Act

Registration of Title Transactions Post-Land Use Act

Current Situation: The Registration of Titles Law governs transactions involving pre-Land
Use Act titles, but there is ambiguity about post-Act titles
Adjustments Required: Clarify that new title registrations are not required for post-Land
Use Act transactions, but all transactions involving these titles must still comply with the
Land Use Act's provisions, including obtaining the Governor's consent and registering any
instruments evidencing such transactions

Integration of Electronic Registration Systems

Current Situation: Many existing registration laws do not account for modern electronic
registration systems
Adjustments Required: Update the Land Instrument Registration Law to integrate
electronic registration and documentation systems. This modernization facilitates more
efficient, transparent, and accessible land registration processes, in line with
contemporary legal and technological standards.

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 Consistency in Terminology and Procedures
Current Situation: There may be inconsistencies in the terminology and procedures used
in the Land Instrument Registration Law compared to the Land Use Act
Adjustments Required: Review and amend the Land Instrument Registration Law to ensure
consistent use of terms and procedures. This includes aligning definitions, processes for
obtaining consent, and documentation requirements to avoid legal ambiguities and
conflicts.

Evolution of the Certificate of Occupancy

The introduction of the Certificate of Occupancy under the Land Use Act has made the initial
registration of titles under the Registration of Titles Act largely redundant. In regions where
the Land Use Act applies, the registration of new titles ceased from the Act's
commencement. This is because the Certificate of Occupancy serves as the primary
document evidencing the right to occupy and use the land. However, transactions involving
pre-Land Use Act registered titles continue to be governed by the Registration of Titles Law,
ensuring that earlier registrations remain legally valid and enforceable.

The evolution of land registration laws under the Land Use Act highlights the shift from
traditional notions of land ownership to a system where the state, represented by the
Governor, holds ultimate control. This shift necessitates continuous adjustments and
harmonizations in the legal framework to ensure that land transactions remain legally sound
and enforceable.

In conclusion, the Land Use Act of 1978 requires significant modifications to existing
registration laws to ensure compliance and coherence. The necessity of the Governor's
consent for land transactions, the redefinition of registrable instruments, and the
replacement of traditional lease agreements with subleases are critical changes brought
about by the Act. By understanding these modifications and their legal implications,
stakeholders can effectively navigate the complexities of land registration and rights in
Nigeria.

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 RESGISTRATION

references

Isochukwu.2018/01/11.Registration is the act of land and investigating title

Law.cornell.edu. (2020, June). Instrument
Smith, I. O. (2013). Practical Approach to Law of Real Property in Nigeria (revised edition
ed.). Lagos: Ecowatc
The Loyal Nigerian Lawyer. (n.d.). The Effect of a Registrable Land Instrument that is Not
Registered

Adari Isete (2024). The 9 Steps to Land Title Registration in Nigeria & How to Get Started-
Berkeley Legal
DLA Piper (2024). Registration of Title in Nigeria- DLA Pipe
Bhawna Kumari (2023). Types of Property Registratio
Chaman Law Firm Team(2024). Types of Land Registration in Nigeria- Chaman Law Fir
Molly Miles (2024). Land Registration: A Guide To Compulsory and Voluntary Land
Registratio
Wikipedia. (2024, May 25). Land registration

Land Use Act 1978, Cap L5, Laws of the Federation of Nigeria
Registration of Titles Act, Cap R4, Laws of the Federation of Nigeria 2004
Land Instrument Registration Law, Cap 56, Laws of Lagos State of Nigeria 1994.

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