No matter how minute or unintentional, an error or defacement on a
registered land title documents like a Deed of Assignment, Purchase
Receipt, Certificate of Occupancy, among others is, it can lead to the
cancellation of a transaction or even a future litigation.
While such errors could be in the form of: incorrect description of
the property such as its area and dimension, incorrect description of
the parties to a landed property transaction such as their names and
addresses, incorrect address and survey number of the property,
incorrect details about ownership and property measurement as well as
the terms of the transaction; issues concerning defacements could be in
the form of torn pages and mutilated pictures, signatures or other
details on the title document. When any of this is detected, the
document used to correct it is known as a Deed of Rectification.
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The Deed of Rectification, which should be prepared by a
well-grounded lawyer in the area of property transactions and
documentation, should include the following information: the name and
address of the rectifier/vendor, details on the principal title document
as well as the details of the rectification to be made. To be
registered at the Lagos State Lands Registry, the Deed of Rectification
should be accompanied with an application for registration to be
addressed to the Director, Lagos State Lands Registry, Block 13/14 Lagos
State Lands Bureau, Alausa Secretariat, Ikeja, four passport sized
photographs of the applicant, evidence of payment of Income Tax, sworn
affidavit for the purpose on which the Deed of Rectification is being
made, Photocopy of Proof of Identity and a Certified True Copy of the
principal title.
A sum of N100,000 will be charged by the Lands Registry for
registration, N5,000 for stamp duty and N10,000 for endorsement; payable
to any of the Lagos State revenue collecting banks. It should however
be noted that the Deed of Rectification cannot be used to correct any
error made on points of law such as nature of the transaction or a
change of scope from the original title (such as a Deed of Assignment
cannot be registered as a Deed of Gift ). If there are mistakes related
to law in the principal title, a separate procedure is to be followed
and they cannot be fixed through the Deed of Rectification.
Sometimes, an error may re-occur in the registered Deed of
Rectification and may require further rectification. A supplementary
Deed of Rectification can be executed in such cases to correct the
error(s).
Below is the summary of the requirements for the rectification of errors on a registered land title:
- An Application Letter addressed to the Director of the State’s Lands Registry.
- 2 copies of Deed of Rectification.
- 2 copies of Sun print Survey Plan (for Survey Rectification).
- Half-page publication in a widely circulated newspaper (for Rectification of Name).
- A valid means of identification (national ID Card, driving license, Voter card, or the data page of international passport).
- Sworn affidavit with photograph attached. Four copies of passport photograph are required.
- Receipts of payments for:
- Stamp duty – N5,000
- Endorsement – N10,000
- Registration – N100,000
- Tax payments
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