Losing your original property title documents can be incredibly stressful, but there is a clear process you can follow to obtain replacements. This guide provides detailed, step-by-step instructions on what to do if you are in this situation in Nigeria.
Contents
1. Stay Calm and Retrace Your Steps
The first thing you need to do is stay calm and retrace your steps. Important documents can sometimes be misplaced rather than lost. Check all the usual places where you might keep such records. Look through drawers, files, and any other places where you typically store important papers.
2. Report to the Police
If you’re certain the documents are lost, the next step is to report the loss to the nearest police station. The police report will serve as an official record of the loss and will be required during the replacement process. Make sure the police report includes full details of the title and the circumstances under which the documents were lost.
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3. Swear an Affidavit
You will need to swear an affidavit at a High Court. An affidavit is a written statement made under oath, declaring that you have lost your property documents. This document is necessary for legal purposes and will be part of your application for replacement documents. Ensure that a passport photograph is attached to the affidavit.
4. Publish a Public Notice
Next, you need to publish a public notice in a widely read national newspaper. This notice should clearly state that the property documents are missing and provide details about the property. This step is important as it informs the general public and helps prevent fraudulent claims against your property.
5. Apply for Certified True Copies (CTC)
After these preliminary steps, you should apply for Certified True Copies (CTC) of the lost documents or a new Certificate of Occupancy. You need to address this application to the relevant government office, typically the Lands Registry. Your application letter should include your functional telephone numbers and email addresses for easy communication.
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6. Gather and Submit Required Documents
Prepare two copies (spiral bound) of the following documents for submission:
- Affidavit of Loss: This should have your passport photograph attached.
- Police Report: This should detail the missing documents and provide full details of the title.
- Newspaper Publication: A quarter-page notice in a national newspaper announcing the loss.
- Certified True Copy (CTC) of the Title Document: If you have any previous copies.
- Passport Photographs: Two sets of coloured passport photographs (5 by 5) with a white background.
- Means of Identification: A valid means of identification (one copy and original for sighting).
- Letter of Authority: If someone else is applying on your behalf, you need to include a letter of authority.
- Payment Receipts: Original and photocopies of payment receipts for the application process.
- Proof of Payment of Ground Rent or Land Use Charge: Up-to-date proof of payment.
- Proof of Processing Governor’s Consent: Documentation from the Director of Lands Services indicating the processing of the Governor’s consent.
7. Pay the Required Fees
Be prepared to pay the necessary fees for obtaining the Certified True Copies or a new certificate. Here is a table of the fees for various processes:
S/N | Product | Fee / % |
---|---|---|
1 | Search | ₦3,750.00 |
2 | Certified True Copy | ₦5,625.00 |
3 | Survey Plan for C.T.C of Deed | ₦1,875.00 |
4 | For C.T.C of Titles | ₦5,625.00 |
5 | Composite Plan | ₦37,500.00 |
6 | Withdrawal of Caution | ₦13,150.00 |
7 | Court Order | ₦15,000.00 |
8 | Court Judgment | ₦15,000.00 |
9 | Memorandum of Loss (Extract) | ₦100,000.00 |
10 | Release | ₦18,750.00 |
11 | Deed of Surrender | ₦18,750.00 |
12 | Up-Stamping | 1.5% |
13 | Supplemental Deed | 1.5% |
14 | Deed of Assignment | 3% of Value |
15 | Sub-Lease | 3% of Value |
16 | Lease | 3% of Value |
17 | Certificate of Purchase | 3% of Value |
18 | Transfer/Power of Attorney | 3% of Value |
19 | Gift | 3% of Value |
20 | Agreement | 3% of Value |
21 | Mortgages | 0.5% of Property |
22 | Release of Mortgage | ₦18,750.00 |
23 | Deed of Assent | ₦37,500.00 |
24 | Vesting Deed | ₦37,500.00 |
25 | Change of Ownership | ₦37,500.00 |
26 | Lost Certificate | ₦37,500.00 |
27 | Caution | ₦100,000.00 |
28 | Addendum | ₦12,500.00 |
29 | Objection | ₦20,000.00 |
30 | Rectification | ₦100,000.00 |
8. Follow Up Regularly
The process of obtaining replacement documents can take some time. Regularly follow up with the relevant offices to ensure your application is being processed and to address any issues that may arise. This step is important to prevent unnecessary delays.
9. Update Your Records
Once you receive the Certified True Copies or a new certificate, make sure to update your records. Store these new documents securely to avoid future losses. It’s also advisable to make digital copies and store them safely online. This will provide an additional layer of security for your important documents.
10. Seek Legal Advice if Needed
If you encounter complications or feel overwhelmed by the process, consider seeking legal advice. A lawyer specializing in property law can provide guidance and assist with navigating the process efficiently. They can also help ensure that all legal requirements are met, thereby protecting your property rights.
Conclusion
Losing your original property documents in Lagos State can be a hassle, but by following these steps, you can navigate the process smoothly. Stay organized, keep track of your progress, and seek help if needed. Replacing your documents is possible and ensures your property rights are protected. Always remember to store your documents in a safe place and consider making digital backups to prevent future losses.
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