A BILL FOR A LAW TO ESTABLISH THE LAGOS STATE LAND REGISTRY ELECTRONIC DOCUMENT MANAGEMENT SYSTEM AND FOR CONNECTED PURPOSES.

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1 A BILL FOR A LAW TO ESTABLISH THE LAGOS STATE LAND REGISTRY ELECTRONIC DOCUMENT MANAGEMENT SYSTEM AND FOR CONNECTED PURPOSES. THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows: Establishment. 1. There is established the Lagos State Lands Registry Electronic Document Management System (referred to in this Law as EDMS ). Registration of 2. As from the commencement of this Law all instrument documents relating to Land transactions in the State shall be registered relating to land. through the EDMS in the Lands Registry. Land Instrument. 3. (1) Every land instrument or any document affecting the transfer of land in the State including Powers of Attorney shall be registered by EDMS in the Lands Registry. (2) Registration of land instruments by EDMS shall apply to all documents registered by the Lands Registry before the commencement of this Law. Operative 4. (1) There shall be kept in the Land Registry of the State Registers. for the purpose of registration of documents by process of EDMS the following type of Registers/forms relating to transactions/information on Land: (i) (ii) (iii) (iv) (v) (vi) (vii) Property Register; Proprietorship Register; Charges Register; Day list Register; Form for registration of caution Form for withdrawal of caution; Any other Registers prescribed for use by the Registrar. 1

2 (2) Each Register shall provide information in the EDMS relating to the particular subject and files as may be prescribed by the Registrar. (3) All Registers kept in the office of the Lands Registry immediately before the commencement of this Law shall form part of the Registers to be included in the EDMS under this Law. Contents of the 5. Every Register mentioned under Section 4 of this Law Registers. shall contain the following information. (i) (ii) (iii) (iv) (v) Names and addresses of parties to the transaction; Description of property; Location of the property; Survey plan of the property; and All other information that may be deemed necessary from time to time. Forms. 6. The forms to be used for access to any information in the Registers kept in the EDMS shall be in the form set out in forms No.1 and No.2 in the schedule to this law. Searches. 7. (1) The process for the conduct of searches for information kept in any of the files, documents or Registers in the EDMS shall be as follows: (i) Application to be made to the Registrar using Form 3 in the Schedule to this Law relating to the subject on which the information is required; (ii) The applicant for the conduct of search online shall pay the necessary fees before accessing the EDMS with payment made by Credit Card, Value Card or such other means as may be prescribed by the Registrar; (iii) The applicant shall complete and submit Form 3 as in the Schedule to this Law before permission is granted to conduct the search on the EDMS; and. (2) The conduct for search could be done electronically. 2

3 (3) The applicant shall obtain an official Certificate of Search as set out in Form 4 of the Schedule to this Law upon the conclusion of electronic Search. Certification of 8. (1) Any person who intend to obtain a Certified Document. True Copy of any document on the EDMS shall first apply to the Registrar of Titles by filling the Form 5 contained in the Schedule to this Law. (2) Document that may be applied for by downloading on the EDMS shall be- (i) (ii) (iii) (iv) capable of being registered in Law; in electronic form; visible in the time and date it takes effect; and signed electronically by the appropriate officers; Production of 9. Any document produced electronically may be EDMS document admissible in Court if it qualifies as a document in Trials. under Section 2 (1) of the Evidence Act. Evidence Act E14 LFN Accreditation 10. (1) The Lands Registry may issue letter of of User groups. accreditation to persons or group of persons to be allowed to log on to the EDMS to conduct searches or download information. (2) User groups referred to in sub-section (1) above shall include, but not limited to, the following: (i) Law Firms; (ii) Banks ; (iii) (iv) Registered Estate Surveyors and Valuers; and individuals. Fees. 11. (1) Any Law firm, Bank, Estate Surveying Firm or 3

4 individual accredited as required in Section 10(1) above shall pay the prescribed fee and the subsequent renewal charges. Service of 12. Any notice required to be served under this Law shall be Notices. served by:- (1) posting to the Postal Address entered into the Register on the EDMS. (2) leaving the notice at the postal address entered into the Register on the EDMS; (3) sending the notice to a post office box number entered in the Register as additional address for service; (4) electronic means to the address entered in the register as additional address for service; and (5) document exchange. Indices. 13. (1) An index shall be kept of all documents registered in the Lands Registry from 1863 to date with Registers arranged in chronological form. (2) The Day- List Register showing the date and time of every pending application in the Lands Registry must be stored both in the EDMS and in paper form. Maps/ 14. Relevant Land Documents and Survey Maps shall be scanned and Boundaries/ archived into a searchable and interlinked database on the EDMS Surveys. Digital Base Maps and it shall provide accurate and up to date land information. Power to 15. The Commissioner shall make rules and regulations relating to fees, make forms and any other matters necessary for the application of this Regulations. Law. Interpretation. 16. Unless otherwise provided in this Law- Commissioner means the Commissioner for Lands or any other person appointed to act in that capacity by the Governor; Governor means the executive Governor of Lagos State. 4

5 Registrar means the Registrar of Titles or the Deputy Registrar in the Lagos State Lands Registry; State means Lagos State. Citation and 16. This Law may be cited as the Electronic Document Management Commencement. System Law and shall come into force on..day of

6 SCHEDULE FORM NO.1 APPLICATION FORM FOR REGISTRATION OF TITLED LAND SECTION 6 District.. Title No..... Address of property. Assignee name Residential Address. / Website address.. Assignor s name. Resident address. Type of Registration.. Document submitted by.. Office address Date of submission. Receiving Officer (Official stamp & date) 6

7 FORM NO. 2 APPLICATION FORM FOR REGISTRATION OF LAND COVERED BY DEEDS/CERTIFICATES OF OCCUPANCY. SECTION 6 District.. Registered instrument (Deed C of O).. Address of property. Assignee name Residential Address. / Website address.. Assignor s name. Resident address. Type of Registration.. Document submitted by.. Office address / Website address.. Date of submission. Receiving Officer (Official stamp & date) 7

8 FORM NO. 3 FORM FOR CONDUCTING SEARCHES SECTION 7 (1)(i)& (iii) 1. Search conducted at 2. Title No. of property. 3. Description of property. 4. Name of proprietor 5. Search conducted by.. Name Address /Website Phone Fax No 6. Reasons for search 7. Date search conducted.. 8. Payment of fees for search 9. Payment of fees for printing. 8

9 FORM NO. 4 ELECTRONIC SEARCH REPORT LAGOS STATE LAND REGISTRY SECTION 7(3) Document Searched.. Date of Search.. Description of Property Grantor. Grantee Term Area of Land.. History of Land. Subsequent Transaction/Encumbrance Remarks... Land Registry Officer 9

10 FORM NO 5 FORM FOR OBTAINING CERTIFIED TRUE COPY. SECTION 8(1) 1. Registered number of property 2. Description of property. 3. Name of proprietor 4. Certified True Copy obtained by: (a) (b) (c) Name Address. / Website address.. 5. Receipt No. & Date. 6. Reasons for C.T.C 7. Date of application 8. Date of collection.. Receiving Officer (Official stamp & date) 10

11 FORM NO. 6 PROPERTY REGISTER SECTION 4 (1)(i) No. FREEHOLD Remarks 11

12 FORM NO. 7 PROPRIETORSHIP REGISTER SECTION 4 (1)(ii) No. remarks 12

13 FORM NO. 8 CHARGES REGISTER SECTION 4 (1)(iii) REMARKS 13

14 FORM NO. 9 DAY LIST REGISTER SECTION 4 (1)(iv) RECEIPT DATE OF RECEIPT GRANTOR GRANTEE TYPE OF DOCUMENT DATE OF DOCUMENT NO PAGE VOLUME 14

15 FORM NO. 10 FORM FOR REGISTRATION OF CAUTION ON REGISTERED DEEDS & CERTIFICATE OF OCCUPANCY SECTION 4 (1)(v) District.. Registration No. Property at. I, or We, Of Hereby apply for registration of a caution against the registration of any disposition or change of ownership affecting the land comprised in the above mentioned deed Certificate of Occupancy dated day of 20 and registered as No. at page. In volume at the Land Registry Ikeja. The land comprised in the above mentioned deed/certificate of Occupancy without previous notice to me/us. And I, or We, hereby solemnly and sincerely declare that And I, pr We, make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the oaths Law of Signature of Applicant Declared at this.. day of.20. Before me Registrar of Titles 15

16 FORM NO. 11 APPLICATION TO WITHDRAW A CAUTION OR RESTRICTION LAGOS LAND REGISTRY Section 4 (1)(vi) Applicant Number District Title No... Property (1) Full name (in block letters), (1) Address and description I, or We, of Hereby apply to withdraw the caution registered in my/our (2) if desired or otherwise name/names (or the restriction registered ) on the..day of.19. against the above mentioned title (or the charge dated. Day of..19 on the land comprised int the above mentioned title ) Signature of Applicant 16

17 FORM NO. 12 APPLICATION TO WITHDRAW A CAUTION OR RESTRICTION LAGOS LAND REGISTRY Section 4 (1)(vi) District. Registered No.. (Deed/Certificate of Occupancy) Property address I, or We Of Hereby apply it withdraw the caution registered in my name/our names as No.. page in volume.on the day of.20..against the above mentioned title (or charge dated..day of.20. on The land comprised in the above-mentioned title). Signature of Declarant Before Me Registrar of Title 17

18 FORM NO. 13 CERTIFICATE OF OCCUPANCY REGISTRATION DAY BOOK SECTION 4 (1)(vii) SITUATION DATE ADDRESS OF PROPERTY PROPRIETOR NO PAGE VOLUME 18

19 FORM NO. 14 DEEDS REGISTRY DAY BOOK SECTION 4 (1)(vii) RECEIPT DATE OF RECEIPT GRANTOR GRANTEE TYPE OF DOCUMENT DATE OF DOCUMENT NO PAGE VOLUME 19