The Process For Conducting Search And Verifying Land Titles In Lagos, Nigeria – Real Estate

Conducting land search and verifying land title of a landed
property is important for the purpose of ascertaining that the land
or property has a good root of title or for detecting any defect in
the title. Land searches and verifications involve carrying out due
diligence at the Land Registry and other applicable places
depending on the specific land transaction.

The processes involved in conducting search and verifying land
titles include the following:

1. Search at the Land Registry, Lagos State.

The Land Registry maintains all documents relating to land
within the state. A search at the Land Registry will reveal the
true owner of the land as well as any encumbrances such as
government acquisition, mortgages, or leasehold on the property.
Only land that has been duly registered with the state government
can be verified.

2. Confirmation of survey at the office of the Surveyor-General
   Lagos State.

This is an important process in land verification. It involves
the verification of the location of the land using the land
coordinates in the survey plan. This process verifies the survey
plan and reveals in the land in under acquisition.

3. Conducting a search at the Corporate Affairs Commission
   (CAC).

Companies are required to be registered with the CAC before they
can acquire properties. Thus, a search is conducted at the CAC to
confirm whether there is an encumbrance or charge registered in CAC
with regards to the company’s assets.

• Search at the Probate Registry

A landed property may form part of a deceased estate, thus a
search at the Probate Registry will verify whether probate has been
given on any estate; who the administrators of the estate are; or
to determine the executors of a testator in a situation of
properties belonging to the estate of a deceased.

• Traditional Investigation

The land title of a single individual vendor, can be verified by
conducting a traditional search. An investigation of the
vendor’s family to identify the principal members of the
family, as well as the community in the town where the land is
located, particularly if the land is subject to family or community
ownership. It is vital to confirm that the consent of all family
members, including the family head, was obtained and that the
family name is not void or voidable.

• Search at the Court’s Registry

This search will reveal if a landed property is subject to court
litigation or has been litigated upon and the end result of the
dispute.

• Physical Inspection of the land site

Physical inspection is to confirm the physical condition of the
land or property, to know the boundary of the land, to confirm if
it corresponds with the coordinates on the survey plan, and to know
whether it is in possession by any person or than the vendor.

Conducting due diligence search and verification on land titles
will assist a buyer in eliminating doubt, ambiguity or confusion
surrounding a property.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.