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Applying spirit of Land Use Act: The Lagos example

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Ipaye

LAGOS State Government said hence forth it is going to invoke Sections 96 and 363 of the Criminal Law of Lagos State 2011, the sections that deal with criminal infraction of falsification of documents of land titles, to prosecute people who while applying to the governor to regularize their interest on land titles either provide forged documents or supply false information to deceive public officials to grant them consent.

According to the government, it is taking this action because this said wrong practice is inhibiting government’s efforts to promote certainty and proper documentation of land titles and to establish a comprehensive and reliable database of landed properties in Lagos State.

This option was disclosed by the state’s Attorney General and Commissioner for Justice, Mr. Ade Ipaye at a stakeholders meeting held at the Bankers’ House on Adeola Hopewell Street, Victoria Island, Lagos. The one-day event was organized by his ministry in conjunction with the Lands Bureau of the state under the title: “Land Use Act (Title Documentation) Regulations 2012.”

Ipaye,  while explaining the difficulty the state is encountering with this problem, said the instances are daily occurrences in the land registry whereby many applicants both corporate and individuals apply for certificate of occupancy using receipts or other documents which are backdated or forged in order to create the impression that their transactions predated the Land Use Act of 1978.

According to him, this kind of practice is an attempt to circumvent the provisions of the Land Use Act by giving the appearance that the land was vested in the applicants prior to the enactment of the 1978 Act.

He therefore urged those engaged in this unwholesome practice to desist from doing so as the Act makes sufficient provisions to safeguard the interests of persons in whom land was vested immediately before 1978, as well as the interests of subsequent transferees or assignees under Sections 22 and 34 of the Land Use Act (LUA).

It is as a result of this confused situation, Ipaye, said, Lagos State introduced a new land regime called LUA (Title Documentation) Regulations in 2012 which closing date for submission of relevant information on land titles will be by July 31, 2013 having been extended by another six months from February by Governor Babatunde Raji Fashols (SAN).

The A.G. in his remarks stated that his government recognizes the fact that many assignors or purchasers of interests in land, though in exclusive possession, do not hold properly executed deeds on which governor’s consent can be endorsed and for this reason the current regulations become necessary to guide the documentation and perfection processes and to prevent parties in land transactions entered into after March 29, 1978 from using false documents and information.

Under the new regulations, Ipaye explained, parties to land transactions are expected to declare the true details of such transactions in their applications for certificate of occupancy or governor’s consent on oath and present deeds of assignment or similar documents with their respective applications.

Yesterday’s stakeholders meeting was meant as part of the sensitization exercises by government to spread awareness of the new regulations and to facilitate the documentations of land titles in the state.

Those who were also present at the event included the executive secretary, Land Use and Allocation Committee, Mr. Aina Salami, Registrar of Titles, Lands Bureau, Mrs. Dayo Akintoye and the Director of Lands, Mr. Biye Oyebola.

Author of this article: By Ibe Uwaleke, Head, Judicial Desk

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