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Legal guides written by Adeola Oyinlade & Co:
Conveyancing is the process of legally transferring ownership of real property from one party to another. In Lagos, Nigeria, this legal procedure involves various steps, such as preparing and signing documents, verifying property titles, due diligence on land rights, obtaining necessary consents, and registering the property interest with the relevant government authorities. The legal framework for conveyancing in Lagos is influenced by statutory laws, customary practices, and regulatory agency requirements, making it essential to approach property transactions carefully and with proper legal guidance.
Conveyancing in Lagos can be complex due to the intricate legal and regulatory environment, the mix of customary and statutory land laws, as well as issues such as title disputes, fraud, and government consent requirements. Common situations where legal assistance is highly recommended include selling or buying land or property, verifying the authenticity of property titles, resolving property disputes, dealing with inheritance or family property transfers, registering interests with government agencies such as the Lagos State Land Registry, and handling transactions that involve corporate or foreign ownership. A qualified lawyer can help navigate the process, conduct due diligence, draft and review agreements, and ensure compliance with all legal requirements.
Conveyancing in Lagos is regulated primarily by the Land Use Act of 1978, which vests all land in each state in the Governor's trust, and the Lagos State Property Law. The process often requires obtaining the Governor's consent for the transfer of interest in land, a procedure mandated by the Land Use Act. Title verification is crucial due to the prevalence of fraudulent documents. There are also requirements for stamping and registration of conveyancing instruments to make them legally enforceable. Some transactions may involve customary procedures, depending on the history and location of the property. Regulatory agencies such as the Lagos State Land Registry and the Lagos State Physical Planning Permit Authority (LASPPPA) play significant roles in the conveyancing process.
The first step is conducting a thorough search and verification at the Lagos State Land Registry to confirm the title and ownership status of the property before proceeding with the transaction.
Yes, the Land Use Act requires that any transfer of property rights in land be endorsed with the Governor's consent. Failure to obtain this consent could render the transaction void.
Key documents include the title document (such as a Certificate of Occupancy or Deed of Assignment), survey plan, means of identification of parties, tax clearance certificates, and application forms for consent and registration.
The timeframe varies depending on factors such as government processing times, due diligence findings, and the complexity of the title. It can take anywhere from a few weeks to several months.
Yes, payment of stamp duties, registration fees, and in some cases, capital gains tax, are required during various stages of the conveyancing process.
A lawyer can help conduct a land search and status inquiry at the Land Registry and the Surveyor General’s Office to determine whether the property is under government acquisition or freehold.
Foreigners may acquire interests in land subject to obtaining Governor’s consent and compliance with statutory restrictions and may often do so through leasehold arrangements.
Risks include purchasing properties with defective titles, forged documents, unregistered interests, unresolved family ownership issues, and noncompliance with statutory requirements.
Registration of property instruments is necessary for legal recognition and enforceability, protects your interest in the property, and serves as public notice of your ownership rights.
If a dispute occurs, legal remedies may include negotiation, mediation or litigation. An experienced property lawyer can represent your interests and help resolve such matters efficiently.
Individuals seeking more information or assistance with conveyancing in Lagos can reach out to several key bodies:
If you are considering buying or selling property, or require assistance with any aspect of conveyancing in Lagos, it is important to obtain legal advice early in the process. Collect all available property documents, conduct an initial search at the Land Registry, and consult with a qualified conveyancing lawyer. They will guide you through the necessary due diligence, documentation, negotiation, and legal filings required for a secure property transaction. Always ensure you keep records of every step and payment made in the process. Taking these steps will help you protect your interest and ensure compliance with Lagos property laws.
