Introduction
In Nigeria, the process of rectification is a crucial aspect of land administration, aimed at correcting errors or inaccuracies in registered instruments, such as Certificate of Occupancy, Deed of Assignment, and Power of Attorney.
These documents are essential in establishing ownership and interest in land, and any errors or mistakes can lead to disputes, litigation, and loss of property. The increasing use of Vector application by the Office of the Surveyor-General (OSSG) has led to a surge in rectification applications, highlighting the need for accurate and reliable land records. It is important to note that rectification of titles is correction of mistakes on registered title documents. So a deed of rectification is a legal document used to correct mistakes on title documents. Rectifiable mistake/errors includes; wrong spelling of names, coordinates errors on survey plans, typographical errors on deeds, wrong dates and other minor errors. A Deed of Rectification is a legal document that corrects errors on title documents, such as incorrect distances, property location descriptions, or spelling mistakes in party names, which can occur due to human error. It’s a correction deed, supplementary deed, or amendment deed that rectifies mistakes, ensuring the accuracy of title documents that prove ownership and grant possession rights to the holder. When a deed of rectification is duly signed and endorsed by the registrar of title, then the deed becomes valid. In other words, the document provides the legal framework to correct or rectify an existing document relating to real property. Using the Lagos State Land Registry office as a case study, a deed of rectification should include information about parties involved in the transaction (that is, the assignor (sometimes)and the assignee, usually the rectifier) which is prepared in a deed format and signed by the rectifier, specifying the errors that needs correction, a sworn affidavit of rectification to be duly deposed to by the rectifier, photograph of the rectifier attached to the deed of rectification, certified true copy of title document(s) obtained from the Land Registry office, corrected survey plan, in case a faulty survey was registered in the deed of assignment, Certificate of Occupancy or any registered title and means of identification of the rectifier and payment of statutory fee as advised by the concerned authority
Thereafter, the above listed contents, bonded and stamped will be submitted with a covering letter to the Registrar, Land Registry by the rectifier, his agents or anyone acting on his behalf. The submitted deed, after a file has been opened, will be evaluated and sent to the office of the Surveyor General, Lagos State for charting. The essence of charting is to confirm conformity of the attached survey plan in line with the title to be rectified. After charting, the file comes back to Lands Registry for physical inspection of the site so that the coordinates coated and ownership verified. The file would then be recommended for indexing at the plan section of the land registry in a process termed investigation by the government or its agency on the title being rectified. The document, deed of rectification proceeds for approval of rectification, to be signed and counter signed by the deputy Registrar of title and the Registrar of title respectively.
Issues
The adoption of Vector application in Nigeria’s land surveying has brought about significant improvements in accuracy and precision. However, it has also introduced new challenges, including errors in coordinates, survey plans, and property boundaries. These errors can lead to overlapping or conflicting boundaries, sparking disputes and litigation. Inaccurate documentation can hinder land transactions, resulting in financial losses and delays. Nigeria’s complex land laws and regulations also contribute to mistakes and omissions in registered instruments, making rectification necessary. These challenges highlight the need for robust quality control measures to ensure accurate land records. Strengthening data management, building capacity for land professionals, and enhancing public awareness can help mitigate these issues and promote efficient land administration.
The process of rectification, though seemingly straightforward, can be complex and time-consuming, involving various challenges that deter applicants. From personal experience, these challenges include:
– Bureaucratic red tape and complicated administrative procedures
– Difficulties with payer identity verification, including reluctance to share personal info like BVN
– Frustrating inspection processes due to coordination issues or financial expectations
– Unprofessional attitudes from some staff towards agents or colleagues handling rectification
– Challenges in tracing root titles
To improve the process, it’s suggested that government addresses bureaucratic bottlenecks, leverages technology, and incentivizes staff. Reorienting staff towards efficient service delivery and convening stakeholder forums to address concerns can also help streamline rectification.
COMMON FORMS OF LAND TITLE DEFECTS REQUIRING RECTIFICATION
Land title defects can manifest in various ways, including:
I. Inconsistencies between the root of title and the title document to be perfected
II. Errors in spelling of the title holder’s name
III. Incorrect or incomplete capturing of property addresses
IV. Discrepancies in land location
V. Inaccurate capturing of land coordinates due to the use of analog survey tools
VI. Land encroaching on road alignments
VII. Inaccurate survey plan details
VIII. Coordinates indicating that the land partially falls within an acquired area
By addressing these challenges, Nigeria can unlock the full potential of its land sector and drive economic growth. Effective solutions will support national development.
RESTORING THE INTEGRITY OF LAND TITLES
The sanctity of land titles must be maintained at all times. Regardless of how long it takes to identify errors; prompt rectification is essential. In Lagos State, numerous issues have arisen due to land title defects, attributed to various factors, including:
i. Advancements in surveying instruments: The introduction of new equipment, such as GPS and GIS, has enhanced the precision and accuracy of survey charting. However, this has revealed that previously cleared lands, charted manually, now encroach on drainage channels, road alignments, acquired lands, and more.
ii. Changes in surveying procedures: Previously, the primary concern was whether a land fell within government-acquired areas. Now, survey charting provides more comprehensive information, including road alignment, location relative to base stations, acquisition status, and more.
These advancements have highlighted the need for rectification of land title defects to ensure the accuracy and reliability of land titles in Lagos State
To address these challenges, it is essential to implement robust quality control measures to ensure the accuracy and integrity of land records. This can be achieved through:
1. Digitalization of Land Records: Digitizing land records can help reduce errors, improve data management, and enhance transparency.
2. Capacity Building: Training and capacity building programs for land professionals, including surveyors and lawyers, can help improve the accuracy and quality of land transactions.
3. Standardization: Standardizing land surveying and mapping practices can help reduce errors and ensure consistency in land records.
4. Public Awareness: Educating the public on the importance of accurate land records and the rectification process can help prevent errors and disputes.
Recommendations
To improve the rectification process and land administration in Nigeria, the following recommendations are made:
1. Establish a Land Records Management System: Develop a centralized land records management system to manage and maintain accurate and up-to-date land records.
2. Implement Quality Control Measures: Implement quality control measures to ensure the accuracy and integrity of land records.
3. Enhance Collaboration: Encourage collaboration among stakeholders, including government agencies, land professionals, and the public, to ensure accurate and reliable land records.
4. Review and Update Land Laws: Review and update land laws and regulations to reflect current realities and best practices.
– Establish a centralized Land Records Management System to manage and maintain accurate land records.
– Implement quality control measures to ensure land record accuracy and integrity.
– Enhance collaboration among government agencies, land professionals, and the public for reliable land records.
– Review and update land laws and regulations to reflect current realities and best practices.
– Develop standardized land surveying and mapping practices to reduce errors.
– Provide training and capacity building programs for land officers and built professionals.
– Digitize land records to improve data management and transparency.
– Educate the public on accurate land records and the rectification process.
Conclusion
Rectification of registered instruments is a critical aspect of land administration in Nigeria, ensuring the accuracy and integrity of land records. Addressing the challenges associated with rectification requires a multifaceted approach, including digitalization, capacity building, standardization, and public awareness. Implementing these solutions and recommendations can help improve land administration, reduce disputes, and promote economic growth and development in Nigeria. rectification of registered instruments is vital for ensuring accurate and reliable land records in Nigeria. To address the associated challenges, a comprehensive approach is necessary, incorporating digitalization, capacity building, standardization, and public awareness. By implementing these recommendations, Nigeria can enhance land administration, minimize disputes, and foster economic growth and development. Effective rectification processes will promote transparency, security, and confidence in land transactions, ultimately contributing to the country’s economic prosperity and social stability, driving sustainable development and growth nationwide.
ESV Elewuro Olaide Idayat Mnivs. Rsv. is an Associate Member of Nigerian Institution of Estate Surveyors and Valuers (NIESV) and Chief Land Officer at Lands Bureau Alausa Ikeja Lagos State.
Phone Number: 08034544058. E-mail: elewuroolaide@gmail.com
Office Address: Block 14, Room 68, Lands Bureau, The Secretariat, Alausa Ikeja, Lagos State
