GETTING LAND RATIFICATION IN DISTRESSED AREAS OF LAGOS

Land Regularization (also known as Ratification) is carried out when an individual or corporate entity acquires land that belongs to the government. In most cases, by the unscrupulous natives (Omoniles) in Lagos (for instance).

The megacity has a land regularization policy which amongst other things, mandates a second registration of the title to land held by purchasers of federal lands at the Lagos Lands Registry not minding that the said title had originally been registered by the Federal Ministry of Lands.

However, not all government lands can be regularized. Any land that will be regularized must not fall within a government committed area and it must confirm to the state’s urban planning regulations.

Regularization is all about buying the land 'properly and legitimately' from the government as the proper vendor. It is an expensive process because after buying the land from the Omoniles (seller) you still have to pay the government for the land again. Many victims may not be willing to go through this route or may be cash strapped for such process, and thus fall prey to fraudsters who fill their ears with shortcut stories.

After regularization, the government releases the land and issues a certificate of occupancy (C of O) to the applicant.

In order to avoid buying government land and spending far more money than necessary it is highly recommended that the status of the land is known before purchase. Due diligence is expected to be carried out by solicitors of the purchaser and here is why it is necessary to patronize experienced practitioners or consultants.

The process of knowing the status of a land is called Charting. Charting is a very important process in land matters and it is carried out by Registered Land Surveyors.

The Procedure for Regularization or Ratification of Title

If your land is under Government Acquisition, you must do a survey plan and take it to the Surveyor General’s office to chart it to know if it is under Government Acquisition and to know if it falls under the lands that can be ratified. If you haven’t done so, please do so to know your land status.

However, the procedure to ratify distressed land includes:

1.       The Applicant submits an application for processing to the Directorate of Land Regularization under the Ministry of Land also known as the DLR.

2.       The DLR will chart the Survey plan and thereafter carry out a physical site inspection of the Land

3.       If the Report of the Site Inspection is approved, the DLR processes the file further by raising a demand Notice for payment for land charges.

4.       Upon payment of land charges by the Application (evidenced by the Treasury Receipt) the DLR Prepares the Letter of Allocation (Including the C of O) and forwards the Letter of Allocation to the Executive Secretary Land Use and Allocation Directorate for endorsement. The Letter of Allocation is thereafter released to the applicant.

5.       The Applicant’s file containing the C/O is sent through the Permanent Secretary to the Honourable Commissioner for Land for Execution and after it has been executed the C/O is processed for Stamp Duty and Registration and released to the Applicant by the Honourable Commissioner for Lands.

The conditions precedent for regularization are:

a.       The subject site must not fall within a Committed Government Acquisition.

b.       The subject site must not fall within an existing Forest Reserve or Agricultural Land Use.

c.       The subject site must not fall on road alignment.

d.       The appropriate Setback must be observed.

e.       The appropriate distances from Drainage Systems, Canals, Oil and Gas Pipelines, Electricity Substation, High Tension Power Line, Electricity and Telephone poles, Water Pipelines, etc., as laid down by Physical Planning and Town Planning Laws must be observed.

f.        The subject site must fall within the permitted Regularization Area

Requirements for Regularization

1.       Covering letter by the agent or person filing the application for regularization stating the accomplished documents. The covering letter must contain current address, telephone number and where possible an e-mail address.

2.       Duly completed application form obtainable from Lands Bureau.

3.       ₦5,000.00 (Five Thousand Naira) for Residential land

4.       ₦10, 000.00 (Ten Thousand Naira) for Commercial land.

5.       Form must be dated and signed

6.       3 (Three) Passport Photographs (5 x 5) with white background.

7.       Letter of Authority by the applicant and means of identification (where application is being processed on behalf of applicant)

8.       Land Information Certificate obtainable from Office of the State Surveyor- General

9.       Photocopy of Purchase Receipt with evidence of Stamp Duty

10.   Certificate of Incorporation for Company and form showing particulars of Directors.

11.   Current Tax Clearance Certificate or Electronic Tax Clearance Certificate

12.   Sketch Map of Site location

13.   2 (Two) Sun-prints of Survey plan

14.   Photograph of the subject site showing date

One important factor in the regularization of distressed land/properties is that such must be handled by experienced professionals who gets the job done and ensures you sleep with your both eyes closed. We, at Oak Realtors bring you just that tailored service to your satisfaction.






Credits:
www.landsbureau.lagosstate.gov.ng
www.omonilelawyer.com