Perfection of a Power of Attorney

PERFECTION OF A POWER OF ATTORNEY

Credit - lawnaija.com 

GOVERNOR’S CONSENT

Governor’s consent is NOT NEEDED as it is not a document transferring interest in land or the subject matter of delegation to the Donee. UDE V. NWARA

NB- Where Power of Attorney is used to alienate interest in land,it is registrable as an instrument and Governor’s consent must be sought and obtained.

The consent column must be typed into the instrument as in the case of an assignment: see section 7 (b) (iii) of the State Lands Law, Lagos

STAMPING

Generally, Power of Attorney attracts a fixed stamp duty. Stamping is necessary for it to be admissible in Court.

REGISTRATION

This depends on whether it qualifies as an instrument under the Land Instrument Registration Law applicable to the State where it is used: UZOECHI VS. ALINNOR

WHEN A POWER OF ATTORNEY WILL BE A REGISTRABLE INSTRUMENT

1.It gives power to the Donee to deal with an interest in land

2.It is defined in the land Instrument Registration Law of a State as registrable

3.It is endorsed on any document transferring land i.e. a Deed of Assignment.

S. 84& 85 of the Registration of Titles Law of Lagos State.

NB-In some jurisdictions (such as in the FCT), the Lands Registry will demand a letter of consent from the Donor before the Power of Attorney is accepted for registration. This is to prevent fraud.

EFFECT OF NON REGISTERATION-

Non registration renders it inadmissible as evidence in court: Ojugbele vs. Olasoji (supra)

Source : http://www.lawrepository.com.ng/2015/10/perfection-of-power-of-attorney.html?m=1

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