Land – 9japroperty

Anambra to ease land registration process

9japroperty — Mon, 14 Nov 2016 07:05:45 +0000

The Anambra State Government, in conjunction with the Presidential Technical Committee on Land Reform, has finalised arrangements to start a systematic land titling and registration in the state.

According to the state government, this will make the process of land registration and the acquisition of Certificates of Occupancy easy.

It added in a statement that the PTCLR and the state government had agreed to work together to adopt the new land titling and registration process as against the old sporadic system that was cumbersome, less transparent, slow and expensive.

The Deputy Governor of Anambra State, Dr. Nkem Okeke, who is the chairman of the committee, was quoted to have said that the programme would transform the lives of residents of the state.

Okeke added that it would create opportunities for empowerment through the acquisition of land titles as collateral for loans.

The Chairman, PTCLR, Prof. Peter Adeniyi, was also quoted to have said that proper land titling and registration would help the government to know its land resources and taxable property.

“Systematic land titling and registration is a process by which rights to land in a particular area are ascertained and documented in an official register of land titles. It is a process initiated by the government for the purpose of knowing who owns what and where, and subsequently issuing a title in respect of the land,” he said.

Adeniyi added that there was a need for the Federal Government to overhaul the present land governance system in the country with a view to achieving increased internally generated revenue, tenure security, employment and poverty reduction.

He stated that the government had not been able to properly plan and manage land due to the absence of data, and had also failed to generate reasonable revenue from its land resources in terms of taxes and transaction fees.

PUNCH.

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Lagos landlords petition attorney general over Magodo land dispute

9japroperty — Mon, 07 Nov 2016 14:26:28 +0000

Poised to ensure that the Lagos State Government and the Chief Judge complied with the judgment of the Supreme Court of Nigeria ordering the release of 549 plots of landed property in Shangisha-Magodo Town Scheme II, Lagos State, the judgment creditors have petitioned Attorney General of the Federation, Mr. Abubakar Malami, to allow them repossess their land.

The Landlords’ Association of Shangisha-Magodo, Ikosi-Ketu Local Council Development Authority (LCDA), represented by Chief Adebayo Adeyiga and six others against 549 persons unknown in a letter dated September 30, 2016, urged the Attorney General not to allow the contemptuous judgment debtors to continuously rape the rule of law.

According to them, they may be left with no other option than to resort to anarchy and violence if their humble application is not honoured because of their belief that the order granted by the Supreme Court of Nigeria in the case cannot go in vain in the life and times of highly responsible apostles of law like the attorney general.

Last year, the judgment creditors have asked the Supreme Court of Nigeria to wade in and make a judicial pronouncement that would give effect to the execution and possession of their landed property.But the apex at its sitting on March 1, 2016, expressed displeasure over the attitude of the Lagos state government and its agencies on the matter.

Specifically, the apex court while deliberating on an originating summons brought pursuant to Order 113 Rules 1 and 3 of the Rule of the Supreme Court in England and under the Supreme Court Practice, warned the Lagos State Attorney General, Mr. Adeniji Kassim on the danger it portends for refusing to carry out the order of the Supreme Court.

In the summons, the Landlords had among others asked for an order of the court for the recovery of possession of the 549 plots of land in the Shangisha Village Scheme II in Ikosi-Ketu LCDA of Kosofo Local Government of Lagos State against unknown 549 persons/occupiers of the disputed land.

But worried by the continued refusal of the state chief judge, Justice Funmilayo Atilade to sign the Writ of possession on her table since November 2015, despite Supreme Court’s warnings, the Landlords have urged the Attorney General to use his good office to direct the said judgment debtors and their agents to comply with the said judgment of Supreme Court of Nigeria delivered on February 10, 2012.

The latest move is coming four years after the landlords got a favourable judgment of the Supreme Court of Nigeria, which endorsed lower courts’ decision that Lagos government should allocate 549 plots of land to them within the Magodo Scheme II in Ketu.

While noting that disobeying the orders of courts are even more grievous and the mother of corruption, the landlords asked whether the Lagos Chief judge is answerable to the chief Justice of Nigeria and if so whether the chief judge can disobey and ignore the instruction from the Chief Justice of Nigeria with levity.

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Lagos land transactions down by 30 per cent

9japroperty — Mon, 24 Oct 2016 14:40:19 +0000

This is not the best of times for Lagos government as the nation’s economic recession has impacted negatively on the State’s Lands Bureau by slowing down land transactions to a record low of 30 per cent.

Last year, the state authorities slashed various rates applicable to land transactions from 13 per cent to three per cent. For instance, consent fees was reduced from six per cent to 1.5 per cent while capital gains tax, previously two per cent , was reduced to 0.5 per cent.The Permanent Secretary, Lagos state Lands Bureau, Bode Agoro, told media personnel that despite the cut in rates, there has been decline in governor’s consent, which used to be the highest revenue generating arm of the bureau.

The Permanent Secretary also said the Bureau has fortified the land registry by creating a quality control unit to block all noticeable leakages in the past.

According to him, “it is better to encounter a little bit of delay so as not to register a fake Certificate of Occupancy (CofOs).”Other moves introduced by the bureau to make it more responsive to the public, he said, was to embark on a zero tolerance fon staff inducement and re-orientation of workers on how to communicate with customers.

He also stressed that the Bureau has secured approval from the governor for an integrated land administrative system, which will make members of the public to submit their applications online from the comfort of their home to be processed by the Bureau.

The system, he said, will kick-off at the end of the year as the contract has just be awarded for that.Under this system, land will be made a secondary market for mortgages so that the Bureau will be in a position to guarantee titles issued.He stressed that the bureau is committed to the project by creating enabling environment where the land registry should be secured in order to vet and scrutinize all applications.

According to him, the process will involve the scanning of all the documents and when completed insurance companies will pay buyers the cost of that transactions just as it is done in market of shares. On the issue of land allocations, he said, the government is presently processing backlogs of allocations done by the past government as over 5, 000 C of Os have been issued by Governor Akinwunmi Ambode.

He said that the bureau has adopted an electronic system to take care of double allocations as well as shortening by the process to get optimum productivity.

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Ogun to jail land grabbers for 25 years

9japroperty — Wed, 12 Oct 2016 10:40:25 +0000

The Ogun House of Assembly on Tuesday passed into law a bill proposing 25 years imprisonment for anyone found guilty of fraudulent conduct and forceful takeover of landed property in the state.

It also made unlawful the placing on any land of an agent for the purpose of forceful takeover using offensive weapons or causing injury on any person.

The Majority Leader of the assembly, Mr. Adeyinka Mafe, moved the motion for the third reading of the bill which was seconded by Mr. Adebowale Ojuri.

The bill had sought to prohibit forcible entry and occupation of landed properties, violent and fraudulent conduct in relation to landed properties, armed robbery, kidnapping, cultism and allied matters.

The Deputy Speaker, Mr. Olakunle Oluomo, read the report of the Joint Committees on Land, Housing and Ethics and Public Petitions to the whole house during plenary.

He said that the bill also spelt out N5 million fine or 10 years imprisonment or both for anyone found guilty of placing on any land or landed property any agent for the purpose of forceful takeover of the said land.

He said, “Any traditional ruler found guilty of aiding the activities of land grabbers to unleash terror on the people shall be placed on 10 years suspension or have his chieftaincy certificate withdrawn.

“Any official of government, either in service or retired, found to have connived or aided unlawful sale of government acquisition property shall have his appointment terminated and five years imprisonment.

“No family shall have the right to demand for gratification or disturb the peace of a lawful occupant.

“Anyone found guilty shall be liable to N200, 000 fine or three years imprisonment, “he said.

On kidnapping, Oluomo said that where the person kidnapped, detained or seized die in the course, the offenders shall be liable on conviction to such punishment as provided for the offence of murder in the Criminal Code Law of the state.

He said, “Where the person does not die in the course, the offender shall be liable on conviction to punishment for life with hard labour and without an option of fine.”

The bill also spelt out punishment for robbery, saying anybody who committed the offence shall upon trial and conviction under the law be liable to a sentence not less than 21 years.

He said, “That of conviction for armed robbery attracts death sentence.”

The Speaker of the assembly, Mr. Suraj Adekunbi, in his remarks, directed that a clean copy of the bill be forwarded to Governor Ibikunle Amosun for his assent.

NAN

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Surveyors Raise Alarm Over Mass Land Acquisition By Cronies for Governors

9japroperty — Tue, 11 Oct 2016 10:12:20 +0000

Abeokuta — The Nigerian Institute of Surveyors (NIS) has raised alarm over mass acquisition of lands by state governors. The National President of the institution, Surv. Akinloye Oyegbola said the land acquisitions were being carried out through cronies under the guise of using such for developmental purposes.

Oyegbola, described the act as illegal and obnoxious implementation of the Land Use Act 2004.

He said, “The Land Use Act has good concept going by what it entails but the Chief Executive Officers of some of our states are now using it wrongly. ‎They acquire lands in different locations for the purpose of development but they end up using it for something else.

“Some of these plots of land are already subjects of litigation and this will definitely cause problems for generations yet unborn. The institution is concerned about the activities of this land grabber because they are disturbing our operations.”

Oyegbola also described as worrisome the ways land grabbers popularly referred to as ‘Omo-onile’ prevent surveyors from carrying out their duties.

“There are instances when our men have to go to site with policemen for them to feel safe.‎ The recent step taken by the Lagos state government will definitely help curb their activities and other state governors need to emulate Lagos in this regard”, he said.

The Institution President also appealed to the governors to come up with laws that would check the excesses of land grabbers as being done in Lagos state.

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Land Acquisition Policy in Nigeria

9japroperty — Wed, 21 Sep 2016 16:04:07 +0000

Since 1978, the major legislation regulating land acquisition within the country has been the Land Use Act of 1978 which states that all land in a State is to be held in trust by the State Governor for the benefit of all Nigerians. By law, foreigners may also acquire land wherever it is located in the country from either the State governments or from other holders.

Since the Land Use Act confers all land to the respective State government, a prospective buyer can apply to the Governor of the State for a Certificate of Occupancy which is for a period of 99 years.

However, The Federal Government of Nigeria also has power to grant Certificate of Occupancy in respect of lands comprised in the Federal Capital Territory (i.e., Abuja and its designated environs), or vested in the Federal Government but located in States’ territories.

Local Governments may also grant ‘customary Certificate of Occupancy’ where the land in question is not in an urban area. All you have to do is apply formally to the particular Government, or any appropriate agency, for the issuance of a right of occupancy which is called the Certificate of Occupancy

ACQUISITION OF LAND FROM HOLDERS OF INTEREST UNDER THE LAND USE ACT

Two classes of people are recognized by law as rightful owners of land. The first class are people who have been granted rights of occupancy by the State, Local or Federal Government.

The second class consists of those who held interests in land in Nigeria before the Act came into force. According to the Act, a person in this category continues to hold those interests in the land as if a right of occupancy had actually been granted to him by the Government.

Hence, a prospective investor can acquire land from any of these classes of holders, but each case presents its own peculiarities.

If you are acquiring land from someone who was granted a Certificate of Occupancy, an investigation of the previous holder’s title to the land would usually be conducted for verification.

If however the owner of the land falls into the second category of people who had their land before the Land Use Act was enforced, the interest of that holder will be based on one or more of the different systems of land tenure which existed and operated in Nigeria prior to the Land Use Act.

Where the land was held under customary law, for instance, proof of title would not normally be by the production of a document. Even where the received English tenure system applied, the production of documents alone would not suffice as the relevant land registries would require to be searched, amongst other things hence the need to get assistance from a legal source

If you as the one who wants to acquire the land is satisfied with the current holder’s title, the next step would be the preparation of an appropriate legal document transferring the title to you or granting you a lease over the property.

However, it is important to note that you need the consent of the State Government before the transaction can be valid. Finally, the document would be stamped and registered and the transfer of interest has effect from the date of registration

Having said this, worthy of note is the fact that by virtue of the Public acquisition of land Law, the State government may acquire land compulsorily for public purpose from individual land owners subject to the payment of compensation to such landowners.

Hence, the notice of land acquisition by the government must be served to the land owner as the courts have consistently held that non service of the “Notice of Acquisition”would render the acquisition invalid.

It must also be noted that the acquisition of private individuals’ interest in land can only be done by the government for public purpose as any acquisition not done for public purpose will be declared invalid by the courts on being challenged.

Furthermore, as the Notice of acquisition of land represents a constructive notice to the whole world, there is need for members of the public desirous of purchasing land to confirm through a solicitor, whether the land/property they are purchasing is under government acquisition.

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Surveyors seek review of land administration policy

9japroperty — Mon, 05 Sep 2016 12:17:58 +0000

Nigerian Institution of Surveyors has called on the government for a review of land administration policy,with specific reference to Ogun State.

The Chairman, African Planning Association, Waheed Kadiri, made this call at the investiture of the state chairman of the association and the swearing in of new executive members held at OlusegunObasanjo Presidential Library complex, Abeokuta.

According to Kadiri, a former national President of the institution, Ogun State has 167.6 million hectares of land,and 3.7 million population, positing that with the figures, an individual can have access to 44 hectares.

He pointed out that by law, governors were to hold land in trust, but added that in holding the land in trust, they had no right to take undue advantage over the land.

He said, “There must be a review of land administration policy.”

Kadiri, who was the chairman of the occasion, also called on members of the institution to limit themselves to their level of competence, adding that as surveyors, they should not see themselves capable of doing town planners’ job.

He said, “Let us limit ourselves to our competence. We should know our competence. We should know our limit. As a surveyor, you cannot coordinate the work of architects, and town planners. As professionals, we should know our limit.”

In his welcome address, immediate Chairman of the institute, Adetunji Adegunle, said the body was aware of the lack of clear land policy in the state, stating that most of the prime lands in Ogun State were under acquisition.

He said, “Although global acquisition is alien to the Land Use Act, we have accepted our fate in the acquisitions.

He said, it was generally established that government alone could not develop any nation, but in partnership with the private sector.

He called on the state government to unlock the state land.

He said, “The cost of land allocation in the state is not favourable to the Small and Medium-scale Enterprises. Most farmers cannot afford the cost of state land.

“If we really want citizens of the state to diversify into agriculture and other industries, we need to review the cost of land. High cost of land in any state is short-term benefit but what we want in this time of change is an enduring legacy.”

However, the new state Chairman, Nureni Ashaye, in his acceptance speech, lamented that the non-creation of office of Surveyor-General of Ogun State as extra-ministerial department was a great concern to surveying stakeholders in the state.

PUNCH.

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Hands Off Land Grabbing, Lagos Warns Traditional Rulers, Others

9japroperty — Thu, 25 Aug 2016 09:41:52 +0000

Lagos State government yesterday warned traditional rulers in the state and other prominent citizens in the forefront of land grabbing to desist from the criminal act or face the wrath of law.

The state government in a statement issued by the Attorney General and Commissioner for Justice, Mr. Adeniji Kazeem expressed its resolve to fully enforce the Properties Protection Law recently signed by the state governor, Mr. Akinwunmi Ambode to end the menace of land grabbing in the state.

The government who threatened that it would not hesitate to use the instrumentality of the law to decisively deal with anyone who forcefully dispossess people of their legitimate rights to land added it would also not allow anyone forcefully collect money for foundation, roofing and fencing, among others.

Adeniji said it would enforce the law against anyone found wanting no matter how highly placed in the society.

According to the Attorney General government is not oblivious of the fact that some of the land grabbers were being sponsored by highly placed members of the society including traditional rulers, pledging that any of such people “who encourage or connive with Omo-Oniles or Ajagungbales to perpetrate their illegal activities would be made to face the full wrath of the law.”

Adeniji said for the avoidance of doubt: “The Properties Protection Law seeks to reduce to the barest minimum the activities of persons or corporate entities who use force and intimidation to dispossess or prevent any person or entity from acquiring legitimate interest and possession of property acquired through State Government or Private transactions.

“The law will also ensure the Special Task Force on Land Grabbers set up by the Governor under my office to work with all security agencies to ensure enforcement of State Government and Private property rights in the state and ensure proper coordination of the efforts of the various agencies of government charged with enforcing the state government’s rights over land in Lagos.”

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Nailing Lagos land grabbers

9japroperty — Mon, 22 Aug 2016 08:11:02 +0000

Some years ago,well-known African Philosophy teacher 80-yearld old Professor Sophie Bosede Oluwole told the world about her anguishing experience at the hands of indigenous land speculators (land grabbers) popularly called omo-onile. She said she had bought a land in Lagos several years earlier. Trouble came when she wanted to develop it. Her account: “I bought my land 18 years ago. A fellow, who was six years old at the time now comes to me, saying his brother did not give him his own share of the money. I can’t understand whether he wanted to take his own share in the womb…Somebody would come and say ‘I was not around when you bought the land, pay me my own share”.

Mamalawoas Professor Oluwole is fondly referred to, lived to tell the story. She was fortunate, unlike others who had more macabre encounters with the omo-onile. Some have been maimed for life. Others have died. Several more have been traumatized after having their land seized and resold without a kobo for compensation. Many more are locked in a cycle of unending court cases over trespass on their land that is taking forever to settle.

Governments that have tolerated these vampires called omo-onile have violated the constitution that says government should protect life and property.

So when last week Governor AkinwunmiAmbode of Lagos moved in to roll out a law nailing the nefarious activities of the miscreants, he met not only a popular demand, but also he adhered to the fundamental essence of government. He has continued to receive deafening applause for his action.

The instrument, known as Lagos State Property Protection Law, will make the menace of land grabbing in Lagos a criminal act and a thing of the past. It stipulates a 21-year jail term for convicts. Ambode said: “The need for the law followed the fact that one of the issues that discouraged and hindered the ease of doing business in Lagos in the past had always been the menace of land grabbing.” He noted that a lot of would-be property owners encountered untold harassment from the exploitative land grabbers, declaring that the law now marked the end of the road for such people.

“The main objective of this law,” Ambode says, “is to ensure that our investors, business men and the general populace carry on their legitimate land-property transactions without any hindrance or intimidation henceforth…The Property Law will eliminate the activities of persons or corporate entities who use force and intimidation to dispossess or prevent any person or entity from acquiring legitimate interest and possession of property…”

The government has followed it up with the establishment of a Special Task Force on Land-Grabbers and a Neighbourhood Safety Agency and Corps to assist the Police and other security agencies maintain law and order across the communities.

Given the virulent operations of the land speculators also called ajagungbale and how they have killed, maimed, defrauded, and retarded investments, property developments and housing delivery in this state of close to 20million persons, many agree that this law had been overdue. They have a point, if we consider some salient statistics.

The Federal Mortgage Bank of Nigeria said some years ago that Nigeria is in grave deficit of housing of about 18million housing units. Government (Federal, State and Local Councils) cannot fill the gap, as we thought they could with the Land Use Act which put ownership of all land in the hands of state governors. Even the so-called private sector mortgage system hasn’t been of help.

Part succour lies only in individuals having unfettered access to land for housing in the communities. But there, the omo-onile chaps have ambushed this critical window of intervention. They present land titles which they alter or disown at will to swindle buyers. Then at various stages of building on your property they throw in more obstacles: You pay them huge sums for laying the foundation, for decking, roofing, erecting a perimeter fence, digging a borehole, for putting up any extension in your compound! At other times, as in the case of Sophie Oluwole, some other group of omo-onile surfaces to stop your project on the claim that there is a court judgement wresting ownership of the land from those who sold the land to you.

Outlawing the activities of land grabbers completely as the Lagos State government has done is the answer to the nightmare the citizens have been subjected to all these decades. It is also in the interest of government because the authorities can now streamline the levies the land grabbers have been collecting into a tax regime to boost the revenue of government. The authorities must implement the law to the hilt. In the past, the people had been distrustful of government when it came to lifting such laws from the cold print and giving it prosecutorial teeth. The government should offer the people a new impression of seriousness in giving life to the law.

The citizens also have a role to play if the law must work. The citizens would need to report omo-onile infractions to relevant agencies. Hotlines and social media contacts are needed for the public to reach the newly created operatives of the Neighbourhood Safety Agency and Corps.

Law courts and the Police must be advised not to allow themselves to be compromised in cases patently meant to defraud property owners and thwart the spirit and letter of the new law. There have been occasions where security agents allegedly worked hand in hand with the land grabbers to perpetrate heinous acts.

It is expected that with Lagos State taking this radical step of finally hemming in the land grabbers, its fellow South-west neighbours, notably Ogun which is on a new drive to boost investment and Internally Generated Revenue, will follow suit to save its citizens from the hoodlums euphemistically called omo-onile.

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How to Regularize or Ratify that your Land Under Government Acquisition so that it wont be Demolished

9japroperty — Fri, 22 Jul 2016 10:44:11 +0000

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Land – 9japroperty

Anambra to ease land registration process

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