1.1        Is all land in your jurisdiction required to be registered? What land (or rights) are unregistered?

The Land Use Act vests all land in a state in the governor of that state.  However, each state has adopted its own laws to administer and regulate land use.

The Land Registration Law of Lagos State, for instance, mandates the holder of any registrable instrument (a document by which land is sold) to register the same within 60 days of obtaining the governor’s consent.

Easements are not required to be registered.  Also, leases for a period of less than three years do not require registration.

1.2        Is there a state guarantee of title? What does it guarantee?

Effectively, yes, as the holder of a statutory right of occupancy is entitled to exclusive possession of land to the exclusion of all other persons (except the governor) for a maximum (renewable) period of 99 years.

1.3        What rights in land are compulsory registrable? What (if any) is the consequence of non-registration?

Nigerian law requires any transaction or instrument that confers, vests, transfers, limits, charges or extinguishes any interest or right in any property to be registered. 

Furthermore, the foremost consequence of non-registration is that the property may be subject to a fraudulent, subsequent sale.  Other consequences of non-registration are as follows:

■     An unregistered instrument evidencing title to land is inadmissible in evidence as proof of such title. 

■     A subsequent (possibly fraudulent) buyer who proceeds to register their title will, in certain circumstances, have priority over the unregistered title holder. 

■     In certain instances, the instrument of title may be void if not registered within the stipulated time. 

1.4        What rights in land are not required to be registered?

Leases for a period of less than three years are not required to be registered.  Also, easements are not required to be registered.

1.5        Where there are both unregistered and registered land or rights is there a probationary period following first registration or are there perhaps different classes or qualities of title on first registration? Please give details. First registration means the occasion upon which unregistered land or rights are first registered in the registries.

Upon the enactment of the Land Use Act in 1978, first registration and its effects ceased to be applicable in Nigeria.

1.6        On a land sale, when is title (or ownership) transferred to the buyer?

Section 22 of the Land Use Act makes it unlawful to transfer interest in land without the consent of the governor of the state where the land is located.

In a land sale, the transfer of an equitable interest in the land is achieved upon execution and delivery of the transfer documents by the parties.  However, transfer of a legal title shall only be completed upon registration, i.e. filing of the requisite documents of transfer in the applicable land registry. 

1.7        Please briefly describe how some rights obtain priority over other rights.  Do earlier rights defeat later rights?

As a general rule, where an interest in land is required to be registered, a registered title will have priority over unregistered title.  Where competing interests are registered, the date of creation of the interest will determine priority between both interests.