REGISTRATION OF TITLE DOCUMENT

   Under the provisions of the Land Registration Act, an instrument is a document affecting land in Nigeria whereby one party, that is, the grantor, confers, transfers, limits, charges or extinguishes in favour of another party, that is, the grantee, any right or interest in land in Nigeria, and it includes a certificate of purchase and a power of attorney under which any instrument may be exercised, but does not include a will. It should be noted that what is required to be registered is not an interest in land but merely an instrument affecting land.

Credit - landsregistry.gov.uk 

THE EFFECT OF NON-REGISTRATION OF A DOCUMENT

1.It is inadmissible in evidence in any court.

2.Non-registration of the registrable instrument will result in loss of priority. See AMANKRA V. ZANKLEY(1963) 1 ALL NLR 304.

3.It is void under the Registration of Titles Law if not registered within the specified period of time.

In AMANKRA V. ZANKLEY(SUPRA),Bairamian, JSC, delivering judgment of the court expressed the view that the Land Registration Act is not an Act for the registration of title to land but that it contains sanctions for failure to register and for delay in registration. The learned Justice went on: When two persons claim the transfer of a legal estate, he who did not register his conveyance cannot plead it or give it in evidence.If they both registered their deeds, each takes effect as against the other from the date of registration, which means that the one executed earlier loses its priority if it was registered later.What counts is the date and hour of registration.Therefore, the plaintiff who had the earlier effective instrument of transfer in accordance with the provisions of the Act was preferred. 

To be continued with GOVERNOR’S CONSENT

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