THE ROLE OF ESTATE SURVEYORS AND VALUERS IN LAND TITLE REGISTRATION

BEING ARTICLE PUBLICATION BY ESV.  J. O. EZEKIEL, ANIVS ,  ESTATE SURVEYOR  & VALUER BASED IN ABUJA.

Definition : Land Title registration is a legal process that involves registering a property title with the relevant Governmental authorities to establish ownership.

This is a service which Estate Surveyors & Valuers are eminently qualified to provide ,instead of the erroneous belief  that is the exclusive preserve service of the legal profession.

This article ,  therefore,  aims at exposing Estate Surveyors & Valuers  the step -by-step processes involved in land title registration which therefore increase  the scope of traditional professional services ,namely ,Valuation, Property Management, Agency/Brokage, Facilities Management, Real Estate development & Feasibility & Viability Appraisal, etc.

The specific steps vary depending on the Jurisdiction. The general processes involved in title registration are:

1. Application:

The Property owner or their representative obtain a registration form or write application for the title registration usually with payment of a stipulated fee, which vary from state to state in Nigeria.

• Document Collection:

The following documents are required

1. Deed of Assignment or Transfer Agreement
2. Proof of Identity and Ownership
3. Property Survey or description
4. Accompany Payment Receipts

• Processing:

The land registry or title office reviews the application and accompanied documents to ensure accuracy and completeness.

• Search and Verification:

A thorough search is conducted to verify the following:-

• Property Ownership history
• Lien , mortgages or encumbrances
• Any outstanding debts or taxes

• Title Report:

A report is generated, outlining the findings and any potential issues.

• Registration:

If the title is deemed clear, the property is registered in the owner’s name and a new title is issued.

• Certificate issuance:

A Certificate of Occupancy  is issued, serving as proof of Ownership.

Benefits of Land Title Registration

Land titling, or the formal registration of Land Ownership provides numerous benefits to individuals, communities and government. Here are some of the key benefits/advantages of Land titling:-

• Individual Benefits:
• Security of Ownership: A land title provides proof of ownership protecting against disputes and unauthorized claims.
• Access to Credit: Land titles can be used as collateral for loans enabling access to formal credits markets.
• Investment and Development: Secure land ownership encourages investment in land improvements and development.

• Community Benefits:
• Disputes resolution: Land titles help to resolve boundary disputes and promotes peaceful co-existence.
• Community Development: Secure land ownership fosters community development through infrastructure investments.
• Environmental conservation: Clear land ownership promotes sustainable land use and environmental conservation.

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Increased tax revenue: Formal land ownership enables governments to collect property taxes, generating revenue for local development.

• Better natural resource management: Clear land ownership promotes sustainable land use and conservation practices.
• Empowerment of vulnerable groups: Land titling can particularly benefit women, indigenous peoples, and other vulnerable groups by recognizing their land rights.

• Economic Benefits:
• Economic growth: Secure land rights can stimulate economic growth by attracting investment and promoting entrepreneurship.
• Job creation: Formal land ownership can lead to increased economic activity, creating employment opportunities.
• Increased government revenue: Land titling can generate significant revenue for governments through property taxes and registration fees.
• Improved land market efficiency: Clear ownership records facilitate land transactions, reducing transaction costs.
• Reduced poverty: Secure land rights can help reduce poverty by providing a foundation for economic stability.

• Social Benefits:
• Social stability: Land titling can reduce conflicts and promote social stability by clarifying land ownership.
• Improved housing and living conditions: Secure land rights can lead to improved housing and living conditions.
• Enhanced food security: Clear land ownership can promote agricultural investment and productivity.
• Cultural preservation: Land titling can recognize and protect indigenous and community lands, preserving cultural heritage.
• Human rights protection: Formal land ownership can protect human rights, particularly for vulnerable groups.

• Environmental Benefits:
• Sustainable land use: Clear land ownership promotes sustainable land use and conservation practices.
• Environmental protection: Land titling can recognize and protect environmentally sensitive areas.

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Climate change mitigation: Secure land rights can facilitate climate change mitigation efforts, such as reforestation.

1. Natural resource management: Formal land ownership enables effective management of natural resources.
2. Biodiversity conservation: Land titling can protect biodiversity-rich areas and ecosystems.

Benefits to the Estate Surveyors & Valuers. i. Enlarge scope of Professional services to the public, and ii. A veritable source of professional fee/ income generation.                      

Conclusion:                                                                                                                

This article underscores the step by step processes involved in Land title registration in Nigeria. The process is not  without it’s problem , often fraught with Government  officials bureaucracies  that could very frustrating , leading to unnecessary prolong period of completion , sometimes for upto six (6) months or even more. This challenge can be resolved by engaging the professional Estate surveyors & Valuers who are eminently qualified to handle such service . It is important to mention that land title registration is expensive , though , the Cost varies from state to state in  Nigeria. This is a new frontier which the Estate surveyors & Valuers must explore, instead of leaving such service in the hands of the legal Practioners and other Professionals. .

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