Procedures And Steps For Registration Of Deed Of Assignment In Anambra State

When you buy or sell land, it’s crucial to officially document this in the Land Registry. This ensures that the State Government always has accurate records of who owns which land in its jurisdiction. These records are not just for the government; they also serve as a reference for the public, allowing anyone interested to learn about land rights in the area.

In most cases, after a land sale’s Deed of Assignment has been exchanged between both parties, it must be recorded in the land registry. This recording serves as legal proof that the land has changed hands, and it’s essential for public awareness. The recorded Deed of Assignment can take the form of either a Governor’s consent or simple registration.

The Deed of Assignment itself outlines all the important details of the transaction between the seller and the buyer. This documentation is crucial to avoid any confusion or misunderstandings after the property has been transferred to the new owner.

Remember, once the Deed of Assignment is executed, it must be properly registered and consented to by the Governor in accordance with the Land Use Act of 2004. This process ensures that land transactions are transparent, disputes are minimized, and everyone knows the rules when land changes ownership.

Steps for Registering a Deed of Assignment in Anambra State

 

When it comes to registering a Deed of Assignment in Anambra, obtaining the Governor’s consent is a critical step. The Land Use Act makes it mandatory to seek the Governor’s approval before any sale or transfer of land can occur. Section 22 of this Act clearly states that it’s illegal for someone with a statutory right to occupy a piece of land, as granted by the Governor, to transfer that right through assignment, mortgage, transfer of possession, sublease, or any other means without first obtaining the Governor’s consent.

Section 22(2) of the Land Use Act further explains that when the Governor does give consent for an assignment, mortgage, or sublease, the person holding the statutory right of occupancy must provide a document that serves as evidence of this transaction. This document should then be submitted to the Governor to endorse and signify the consent given.

It’s important to note that the Governor can delegate the power to grant consent, as specified in section 45 of the Land Use Act. This delegation allows for a more streamlined process in cases where the Governor’s direct involvement is not required.

Key Requirements for Registering a Deed of Assignment in Anambra State

To successfully register a Deed of Assignment in Anambra State, you must meet certain requirements. Here are the essential steps:

 

1. Application Form: Begin by obtaining and completing an Application Form, available at designated banks.
2. Deed of Assignment: You’ll need the Deed of Assignment or Conveyance, which should be divided into five parts. It must also be properly executed by all parties involved in the transaction.
3. Tax Clearance: Provide current tax clearance receipts for the past three years. If you’re representing a corporate entity, you’ll need the tax clearance receipts for at least two of the directors.
4. Applicant’s Affidavit: Prepare an affidavit in which the applicant, or a corporate body’s Director or Secretary, verifies the information provided in the Application Form.
5. Witness Affidavit: Ensure that every individual who served as a witness to the transaction also submits an Affidavit of attestation.

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These requirements are necessary to facilitate the smooth registration of your Deed of Assignment in Anambra State.

Procedure for Applying and Registering a Deed of Assignment in Anambra State

 

Successfully registering a Deed of Assignment in Anambra State involves several steps. Here’s a breakdown of the process:

1. Application Submission:

– The title applicant obtains an Application Form and fills it out.

– Along with the completed form, submit the following supporting documents:

– Six copies of the Deed of Assignment signed by all involved parties.

– The current Tax Clearance Certificate of the assignee.

– An affidavit by the applicant (or a Director or Secretary in the case of a corporate entity) verifying the information provided in the Application Form.

– Affidavits of attestation from all individuals who witnessed the transaction.

2. Commissioner Review:

– The Commissioner forwards the Application Form and supporting documents, such as those listed above, to the Permanent Secretary.

 

3. Lands Department Processing:

– The Permanent Secretary then sends the documents to the Director of Lands for further processing.

 

4. File Creation:

– The Director of Lands instructs the scheduled land Officer responsible for the specific area in question to open a file for the application.

– A file number is assigned, and the file is forwarded to the Principal Valuation Officer for property valuation.

 

5. Valuation Process:

– A Land Officer II, responsible for this area, attaches a sketch plan of the property and submits it to the Principal Valuation Officer.

– The Principal Valuation Officer reviews the inspection and valuation report for accuracy.

– If there are no errors in computation or the report, the Principal Valuation Officer signs it and returns the file to the Schedule Land Officer.

 

6. Fee Notification:

– The Schedule Land Officer informs the applicant about the required fees and provides information on the designated banks where payments should be made.

– A copy of the fee schedule is submitted to the Head of Accounts and/or Sub-Treasurer.

 

7. Payment and Confirmation:

– The applicant makes payments at the designated banks.

– Copies of the bank tellers are submitted to the Sub-treasury and the Accounts Department.

– The Sub-treasury office verifies payments by cross-checking the bank tellers with bank manifests.

– If payment details are confirmed in the manifest, a receipt is issued to the applicant. In cases where no evidence of payment is found, the applicant is advised to rectify payments.

 

8. Approval Process:

– The applicant submits a copy of the receipts to the Schedule Land Officer, who attaches them to the file.

– The file is then sent to the Director of Lands for review to ensure all necessary information is provided.

– The Director of Lands forwards the file to the Permanent Secretary, requesting approval from the Commissioner.

 

9. Commissioner’s Approval:

– The Permanent Secretary reviews the entire process and sends the file to the Commissioner for approval if the transaction aligns with established procedures.

 

10. Stamping, Registration, and Collection:

– Once approved, the Commissioner signs the approval.

– The file is sent back to the Director of Lands.

– The Director of Lands instructs the Schedule Land Officer to arrange for the stamping and registration of the document.

– The applicant is notified of the date to collect the registered Title document.

– The Schedule Land Officer submits the file to the Registrar of Deeds for stamping and registration.

– The Registrar of Deeds completes the registration process.

– The applicant signs and collects the registered title document.

Following these steps ensures the proper registration of a Deed of Assignment in Anambra State.

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Fees for Registering a Deed of Assignment in Anambra State

When registering a Deed of Assignment in Anambra state, applicants are obligated to pay several fees. These fees include:

Consent/Registration Fee: This fee is required to obtain the necessary consent for the transaction and to complete the registration process.

1. Stamp Duty: Stamp duty is a tax paid on various legal documents, including Deeds of Assignment, to make them legally valid.
2. Ground Rent Arrears: Ground rent is an annual fee paid by landowners to the government. Any overdue payments must be settled during the registration process.
3. Inspection/Preparation Fee: This fee covers the cost of inspecting the property and preparing the necessary documentation for registration.
4. Computer Fee: A computer fee may be charged to cover the cost of processing and maintaining electronic records related to the registration.
5. 10% Penalty (In Case of Defaults): If there are any delays or defaults in payment, a penalty of 10% may be applied.

These fees are essential for completing the registration of a Deed of Assignment in Anambra.

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