The Land Instrument Registration Law of each State establishes a land registry for the State, where documents relating to land within the territory are kept, and it varies from one State to another. This is conducted where a lawyer acting on the instructions of the purchaser sends application to register of Deed or completes a form. There is payment of search fee, usually a small token at designated bank, attachment of payment receipt to application and submission. After payment has been made and receipt evidencing same, the record is brought by registry officials for inspection. A search at the land registry will reveal a lot of information like the real owner of the land and encumbrances on the land, if any, identity of property, when was the deed created: was the deed properly perfected, etc.
N/B For a speedy and effective search at the land registry, it is expedient to engage the services of a solicitor.
PROCEDURE
1. There must be a letter of consent or authority from the owner or a sworn declaration by the solicitor showing that he has consent of the owner of the land or property to investigate the title. This consent or letter of authority will be needed in the next step. The rationale for this consent is that the registry is a private registry not opened to the public. There must be authority given to an outsider to have access to the registry. This would prevent meddlesome interlopers from indulging in a frolic of their own.
2. The solicitor will write an application letter to the Registrar of Titles. This application will contain the particulars of the property like the name of title owner, registration particulars, survey plan of the property and address of the property. This information contained in the appllication letter would make the search easier.
Attached to the application letter would be the letter of consent by the owner of the property authorising the applicant to conduct the search at the registry.
3. A declaration in court declaring the status of the applicant or as the purchaser’s solicito and the purpose of the search. This declaration is to the effect that the owner of the title actually granted the permission to conduct searches at the land registery.
This is a requirement imposed in practice to curb fraud by those who may claim that they have consent of the owner to conduct searches in the register when in fact they do not have such consent or authority.
4. The application letter, sworn affidavit and letter of consent will be submitted to the Registrar of Titles at the Land registry.
5. The owner to give a copy of the land certificate or a Certified true copy extracts from the register to the purchaser, which contains the particulars by which the property will be identified at the lands registry.
6. The application will be assessed at the land registry and the applicant or solicitor will be required to pay the search fees. The fee is usually a small token prescribed by the registry and could vary due to some factors. For instance it could could be more in some cases depending on where the property is situated.
7. After the payment of the fees, the search can be conducted to ascertain if there’s any defect on title or any incumbrance on the land.
For legal consultation, contact Ace Juris Attorneys: Phone: 08028175777, 09018572928 or send a mail at chizyelton@gmail.com
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