EXAMINATION OF IMPACT OF DEEDS REGISTRATION ON THE SECURITY OF PROPERTY INVESTMENT IN ONITSHA

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EXAMINATION OF IMPACT OF DEEDS REGISTRATION ON THE SECURITY OF PROPERTY INVESTMENT IN ONITSHA

ABSTRACT

Deeds registration is a land registration system in common law jurisdictions. Land administration has been defined by Federation of International Surveyors (FIG) as the process of determining, recording and disseminating information about ownership/tenure, value and use of land. This paper reviews the key driven approaches to efficient land registration as against the existing situation in Nigeria, and advocating the need for complete computerization of the process in the country. In addition, the system should incorporate the norms of best practices aimed at improving Nigerian land titling and registration. This will create land markets and enhances accessibility to credit facilities and hence eradicate poverty. A number of alternative land registration policy measures in Nigeria have been suggested; cadastral survey/registration, simplification of customary title registration, adoption of the Social Tenure Domain Model (STDM) and removal of the LUA from the Constitution.

CHAPTER ONE

INTRODUCTION

Deeds registration is a land registration system in common law jurisdictions. Land Registration Act No. 36 of 1924 is the law regulating registration of instrument in Nigeria which is enacted for the whole country adopted and re-enacted in some states under different nomenclature. The law prescribes registration of any instrument executed before or after the commencement of this law. To facilitate registration the law establishes in every state a land registry under a land registrar charged with the responsibilities of registering instruments affecting land in the state and to keep registered books and file in relation thereto. Modern methods include computerization of the whole process in addition to the use of Geographic information system (GIS) and Land Information System (LIS). These methods have helped to enhance the process/system of registration and also gives a well defined details, measurements and design efficiency.

The United Nation (1999) also consider land administration as the process of determining, recording and disseminating information on ownership, value and use of land, when implementing land management policies. The instruments of land administration are focused on the recording of existing land tenure arrangements. Land Registration can be seen as an aspect of Land administration. This facilitates titling, alienation and disposition. It can be regarded as a record, held by the Land Registry, which lists the registered owner of plots and whether there are any legal charges upon it. In other words, it is also the process of recording rights in land either in the form of registration of deeds or registration of title to land. Registration provides a safe and easy means of recording transactions on land since the bench mark of any transaction on land is security of title, which unregistered conveyance does not guarantee. The law prescribes certain methods of registration to assist the conveyance in the course of investigating title on land. This paper aim to review the existing system of land titling, registration and disposition and to make appropriate recommendations that will enhance the system. It is replaced by Torrens title in most of these jurisdictions now, although a few of them, like most of the United States, still maintain such system. Ireland, Hong Kong and the Canadian provinces of Nova Scotia and New Brunswick have both systems with the Torrens system gradually superseding the older system. In the Canadian province of Ontario, electronic registration led to Ontario’s version of Torrens title covering almost all land, but the past deeds registration still governs some issues.[1] In contrast of Torrens title system in which basically the one who registered in a land registry as owner of a piece or parcel of land has an indefeasible title of the land, deeds registration system is merely a registration of all important instruments related to that land. In order to establish one’s title to the land, a person (or usually their purchaser’s attorney) will have to ascertain, for example: all the title documents are properly executed; “a chain of title” is established, i.e. the proper ownerships from the granting of the land from the government to the present owner; there are no encumbrances on the land that probably will harm the title of the land.

BACK GROUND TO THE STUDY

Land registration and cadastre play an important role in a community, provided they function effectively. Though, different countries possess country specific land registration regulations. Land registration system in Nigeria involves three principal systems of recording the rights/ownership to land. These include:

i. Private conveyance

ii. Registration of titles and

iii. Registration of Deeds

The title is however a description of a land parcels, details and description contain therein usually includes the followings:

Description of location or boundary (for instance bearing and distances, survey description, metres and bounds description, public land survey system reference, lot number in platted subdivision coordinates etc). Method of conveyance (for example warranty deed, quit claim etc). The cost of providing its essential foundation – plans of sufficient accuracy of the area whereby every parcel registered can be unambiguously identified has delayed its establishment in some countries. Furthermore, Deeds are instrument and entails registration of land transactions with a public authority (Register of Deeds)

– Land transaction are between

– Registration is essentially voluntary, though typically done to support claim to land and create land market.

– Grantor and grantee (conveyed from, to) used to organize records in a systematic classification basis for ease of retrieval and dissemination.

The global interest now in that system of registration of title should aim at combining the following:

Security
Simplicity
Accuracy
Cheapness
Expenditure
Suitability

Modern techniques involves the use of GIS tools for land registration, data storage, information management, quick and easy data access, in addition to retrieval of land data and updated information.

INSTRUMENTS REGISTRABLE

Whereby one party called the grantor confers, transfers, limits, charges or extinguishes in favor of another party called the grantee any right or title to the interest in land and includes a certificate of purchase, a power of Attorney under which any instrument may be excluded but does not include a will. Registrable instrument includes an estate contract, a deed of appointment or discharge of trustee containing expressly or impliedly a vesting declaration affecting any land. Therefore, it is generally agreed that a registrable instrument is a document, which transfers or creates a right, title or interest in land to or in favour of the grantee. But a will is expressly excluded from the ambit of registrable instruments. Consequently, a sales receipt, purchase receipt is not a registrable instrument if it is a mere acknowledgment of sales or payment and does not confer or transfer interest in land. A document which split portion of land, which transfer separate interest to the different individuals, is a registrable instrument. But where it does not transfer or extinguish any right in law, it is not registrable. A contract made by a person with an interest in land is registrable from the date of the contract; equally an instrument creating an equitable mortgage is registrable as an estate contract. A written agreement for a lease is a registrable instrument except where explicitly expressed otherwise in any legislation or law. A sale agreement is generally not a registrable instrument. But an agreement to mortgage land is a registrable instrument under the various registration laws in Nigeria. A power of Attorney is only registrable where it specifically relates to an interest in land. A registrable instrument for the purpose of registration must be accompanied by a plan of the land. However, in the case of a power of attorney no such plan is required.

OBJECTIVES OF THE STUDY

Change is a constant action, and it is always called for when there is ineffectiveness and inefficiency. Change of the system of property rights registration is what Dabrundashvili (2007), referred to as the reform in Geogia for Good Governance in Land Tenure and Administration. He started by pointing out the reasons and needs for this reform. To him, the concentration of power over land issues in a single entity as well as poor governance by top management and local government, duplication of work and a lack of consensus oriented decision-making, lack of public awareness and transparency all combined with the weak rule of law to create a basis for corruption. His points were very clear and reasonable. He held the view that these factors are enough to demand for a reform. His passion was that all the above would contribute greatly to the establishment of an effective, efficient and sustainable system with a unified, impartial and non-corruptive registration of ownership rights all over the country.

The objectives of the land registration reform according to Debrundashvili (2007) are:-

– Provision of security of ownership and tenure rights:

– Creation of a unified, modern, customer-oriented, one-stop-shop, transparent, corruptionfree public registry system through comprehensive institutional, financial, technological and legislative reform;

– Capacity building of personnel;

– Coordination of donor organization activities;

– Computerization of the processes according to modern standard

RESEARCH QUESTIONS

To effectively arrive at an accurate conclusion, certain questions were brought up to serve as guide in this project research work.

What’s are the main requirements for a deed registration in Onitsha
How is land acquired in Onitsha
How is land dispute settles in Onitsha
How does this affect property investment in Onitsha
- RESEARCH HYPOTHESES

H1: The current deed registration in Onitsha is very effective and has a positive influence towards property investment in Onitsha.

H2: Deed registration in Onitsha is ineffective and hence is affecting property investment negatively.

SCOPE OF THE STUDY

The scope study area is located within the Onitsha city centre. Awka is the capital of Anambra State, one of the 36 states of Nigeria. Nigeria has a land area of approximately 923,768 sq.km, a population of approximately 160million, by 2006 national census and more than 250 ethnic groups. It is the most populous country in Africa with a growth rate of 2.4% per annum. It is accounting for about 47% of West Africa’s population and is ranked the second largest economy in the sub-Saharan Africa. Nigeria is a petroleum-based economy, ranking among the topmost oil producing countries of the world, but it is still struggling with the problem of infrastructure. Oil provides 20% of the Gross Domestic Product (GDP), 95% of foreign exchange earnings, and about 65% of budgetary revenues. Despite the relative oil wealth, poverty is widespread with about 54-60% of the population living below the poverty line, on less than $ 1 per day. While it is endowed with enviable land resource and human capital, a large proportion of the population occupy land in both urban and rural areas without marketable title to the land. The prominent areas of Awka, are either adjacent or opposite to Onitsha General Hospital, the Central Business District which is linked through the route from Keteren Gwari, that also serve as one of the entrance and exit arterial to Onitsha Central area. Awka is dominated by different ethnic groups of Nigeria such as Enugu, Delta, Yoruba, Igbo, Edo etc, different ethnicity of the area is also reflected in the street and road naming such as Lagos road, Yoruba road, Igbo road etc. Furthermore, due to the location of the study area in the settlement pattern of Onitsha, people have taken advantage of this for residential homes, and other location of activities in the area. The situation has thus made the entire area crowded. The physical, social and economic development of every area depends greatly on the proper usefulness of the Land resources since Land has formed the basis of any development, there is a need for good administration of Land resources to avoid the abuse of this resources. It is therefore necessary to formulate and propose a better way of registering the little to Land to encourage a proper use of Land, limit the rate at which people violate Land policies and to enhance a proper transaction on Land. With a proper registration of all the title to Land, government can easily be aware per term, every transaction and development to be carried out on that Land, therefore, some good policies can be put in place to regulate the use of Land resources, and this will eventually lead to a good habitable environment.

SIGNIFICANCE OF THE STUDY

In-fact that is a very comprehensive and inclusive objectives for an effective and efficient registration system with a touch of new trend, i.e. computerization. Then the development strategy for the land registration reform involves six main areas:

– Institutional

– Legislative

– Technological

– Administrative

– Financial

– Donor coordination

The final analysis in land registration system globally is to introduce a framework for transparency; set service standards; improve in capacity building and in the development of a human resource policy; improve to systems and processes; secure financing, establish audits; make effective use of information technology and communications; include stakeholders and less positive experience as well as being effective, efficient and consensus-oriented.

LIMITATION OF THE STUDY

The research was limited to the mentioned department since it has direct concern to the research topic. The report cannot only be applied to Onitsha, Anambra State but also to any other South East Zones. Finance also affected this research work on area of typing and binding transporting form one library to the other in search of reliable information and also transporting to and form Onitsha, Anambra State.

In summary this project work was faced with a number of restricting factors, which made the work impossible to get beyond this scope. The most pressing factors were:-

i. lack of finance

ii. epileptic power supply

iii. inadequate supply of data

iv. Inadequate time for the project work.

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