This study examines the constraints to land titling by
Real Estate Developers in Lagos State Nigeria, using Victoria Island and Lagos
Island as a case study. To establish the above aim, questionnaires were
administered to 50 respondents, which constitute the developers in the study
area, Estate surveyors and valuers firms and Estate Development Firms. The
research carried out reveals that land titling has a great influence on the
development of properties both residential and commercial properties. As deduced
from research, the impact of land titling leads to decrease in court cases
problems, it enhances quality development. It gives room for job opportunity in
term of large no people that would be employed during construction process. It
add value to the economy sector, it enhances town planning laws. The research
makes recommendation that a title to land should be obtained before any
development and that government should make land titling more easier and cost
effective for the developers and citizen as a whole. Also, the government
should ensure that the knowledge of expert should be sought before making laws
that will affect title to land.
Title Page i
Table of Contents vi
1.1 Background of the Study 1
1.2 Statement of Problem 3
1.3 Research Questions 4
1.4 Aims and Objectives of the Study 5
1.5 Significance of the Study 5
1.6 Scope of the Study 6
of Terms 6
TWO: LITERATURE REVIEW
2.1 Introduction 8
2.2 Land 8
2.3 The Land Problem 9
2.4 The land Titling 9
2.5 Land Titling In Ghana 10
2.6 Land Titling In South Africa 11
2.7 Land Titling In Lagos State 12
2.8 Certificate of Occupancy 13
2.9 Governor’s Consent to an Assignment/
Mortgage/ Lease/ Sublease 19
THREE: RESEARCH METHODOLOGY
3.1 Introduction 24
3.2 Research Design 24
3.3 Research Area 25
3.4 Research Population 26
3.5 Data Types and Sources 26
3.6 Sample Size 27
3.7 Sampling Technique 27
3.8 Instruments of Data Collection 27
3.9 Re-Instatement of Research Objectives 27
3.10 Identification of Research Variables 28
3.11 Method of Data Collection 28
3.12 Method of Data Analysis 29
FOUR: DATA PRESENTATION AND ANALYSIS
4.1 Introduction 30
4.2 Presentation of Data According to
4.3 Presentation and analysis of Data based
on Research Objectives 39
FIVE: SUMMARY OF THE RESEARCH, CONCLUSION AND RECOMMENDATIONS
5.1 Summary of the Research 40
5.2 Conclusion 41
5.3 Recommendations 42
1.1 Background of the Study
a country striving to be one of the twenty largest economies in the world by
the year 2020, the situation with respect to land titling and transactions in
land still leaves very much to be desired. The World Bank publication on “Doing
Business in Nigeria 2010” rated Nigeria 178th out of 183 economies in respect
of difficulties of registering properties in the country.
(2007) attributed this to the following reason “a large share of land in the
country is not formally registered whilst informal titles cannot be used as
security in obtaining loans which limits financing opportunities for
businesses” especially small and medium-size enterprises. If Nigeria is to meet
the challenges of competing effectively in an increasingly globalizing world, it
is imperative that it gives very urgent and sustained attention to promoting
its land reform program in all of its ramifications to facilitate property
benefits of land titling go beyond the private sector. For governments, having
reliable, up-to-date information and land registries is essential to correctly
assessing and collecting tax revenue. Looking at the situation in Thailand,
where annual revenue from property and transfer taxes rose from $200 million in
the 1980s to $1.2 billion by 1995, Anthony (2002) observes that a land titling
program that increased the number of registered property owners during the
1980s is perceived to be one of the reasons for the increase.
up-to-date land information, governments can map the different needs in their
cities and strategically plan the provision of services and infrastructure in
the areas of each city where they are most needed. Land titling can also help
in planning the expansion of urban areas. This is especially important in
economies prone to natural disasters. When there is no planned urbanization,
informal dwellings and slums abound, especially in areas that surveyors
identify as being at high risk from disasters. Tools such as cadastres and
survey maps can be used in city planning, as part of the land information
system of a city, to avoid or mitigate the effects of environmental or
climate-related risks on urban populations (Atuahene, 2003).
Ghana land titling is a very important investment any individual can ever make.
After acquiring a land from a trusted agent, it is important to get it
registered. It is also important to note that it is always advisable to follow
due diligence to avoid being dragged into a never conclusive land dispute by
ensuring that you are dealing with the rightful owner of the land recognized by
law (Osei, 1993).
Africa has an excellent land titling system, bondholders (usually the banks)
can securely provide mortgages to buyers because their investment are
considered safe, in that no property may be transferred or disposed of without
the mortgage bond being cancelled. The registrar of Deed will not cancel the
mortgage bond unless it receives written consent from the bondholders, which
will simultaneously be lodged with the transfer of the property.
titling in Lagos State is aimed towards enabling the states to be effective
managers of land. It is aimed to provide a systematic cadastral survey of land
in the entire state. Security of tenure and land rights of citizen is an
important foundation for economic development in Nigeria. For many of these
land titles are the main source of collateralization for obtaining credit from
informal and established
1.2 Statement of Problem
titling is essential for economic development of a nation, The Nigerian Nation
had a multiplicity of land titling system depending on its states. Lagos state
is seen as a defining attributes on which land titling is of a durable and
reliable standard where record of right and interest in land such as
certificate of occupancy ,Governors consent
etc are registered in numbers for individual and collective interest in
recorded in the World Bank its ‘Doing business’ reports; the procedures and
cost of transferring property in Lagos State is too cumbersome and the process
of transferring property starts by obtaining the necessary documents such as
copy of seller’s title if necessary, and conducting due diligence search.
Lagos State government is saddled with the responsibility of encouraging and
assisting individual, real estate developers and cooperate bodies on the need
and importance of registration of titles to their land and also the procedures,
costs and necessity of registering the transfer of land from one person or
group of people to another.
in China has found that more than 40% of citizen lack written document to
confirm their land right and that government can easily take away or sell off
their land right but when land titling has been implemented, both citizen and
real estate developers invest and benefit from their investment and they
estimate that secure land title represent the equivalent of $1.2 trillion in
citizen’s hand. Landesa, (2009).
there are clear evidences that development takes place in some areas of the
state without obtaining their title documents. It is clear that this problem
will continue to persist until government formulate policies that will ensure
that adequate measure are being taken to reduce the cost and processes involved
in title ownership to land as this will motivate both individual and real
estate developers to secure land title before any development will take place.
the researcher is providing an overview of the constraint to land titling by
real estate developers in Lagos State. Considering the issues and strategies,
this study is a wakeup call for the government to formulate policies that will
reduce the process and cost of land titling to individual and especially to
real estate developers as they are one of the bedrock of development.
This research work
has been structured to answer the following questions:
What are the limitations to land titling
by real estate developers in Lagos State?
What are the problems associated with land
titling by real estate developers in Lagos State?
What are the solutions to the limitation
to land titling by real estate developers in Lagos State?
and Objectives of the Study
aim of the study is to assess the challenges faced by real estate developers in
land titling processes in Lagos State and make recommendation on how it can be
objectives of the study are:
To know the processes and steps to land
titling in Lagos State.
To identify is the cost associated with
land titling processes in Lagos State.
What is the duration of Land titling
processes in Lagos state as experienced by real estate developers.
To make recommendations can be made to enhance
the efficiency of Land titling in Lagos State.
of the Study
importance of this research is that it will creates awareness on the importance
of land titling on the property market which enable land and property owners
and real estate developers achieve optimum return on their investment. This
study would be helpful in identifying positive importance of land title on the
property and suggesting method to improve more.
outcome of this study will educate estate surveyor and valuer, lawyers,
students and the general public on the issues problems and solutions to the
constraint of land titling by real estate developers with a view of identifying
the inadequacies. This research will also serve as a source base to other
scholars and researcher interested in carrying out further research in this
field subsequently, if applied, it will go on to an extent to provide new
explanation to the topics.
of the Study
research work is intended and structured to examine the quality of land title
on the property market in Lagos metropolis as Lagos is a fraction and the
smallest state in Nigeria with about 356.861 hectares of which 75.755 hectares
are wetland yet the states that has the highest population of 17,552,942
million representing 12% out of national population presumed to be 150 million
with growth rate of between 6% and 8%. Lagos population is growing ten times
faster than New York and los Angeles and land is seen as defining attribute on
which the Lagos state government based its income coming capacity. Okupe,
1.7 Definition of Terms
the solid surface of the Earth that is not permanently covered by water. The
vast majority of human activity throughout history has occurred in land areas
that support agriculture, habitat, and various natural resources.
Land Titling: Is
a form of land reform in which private individuals and families are given
formal property rights for land which they have previously occupied informally
or used on the basis of customary land tenure.
Is the way in which the rules of land tenure are applied and made operational.
Land administration, whether formal or informal, comprises an extensive range
of systems and processes to administer.
Land Registration: Is
the recording of right and interest in land as evidence by instrument.
Instruments or deeds that could be registered include leases, conveyances,
assignments, mortgages, gift, tenancy agreements probate and will, letters of
administration, vesting asset etc.
Land rights: is
the possession of ownership to land through a valid title document such as
certificate of occupancy, governors consent etc.