Why You Must Rectify Error On Your Title | Independent Newspapers Limited
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Why You Must Rectify Error On Your Title

Posted: Jul 12, 2016 at 10:07 pm   /   by   /   comments (0)

Nkasiobi Oluikpe


Lagos – Ignorance, greed and nonchalance are three key words that have cost many home seekers and land buyers a fortune.

Ignorance, it is said, is not an excuse in the sense that if you realised you are ignorant, it is expected you seek help or ask questions. On the part of the greedy, at every material time, he wants to maximise gains and ends up losing everything; while the nonchalant doesn’t see anything wrong with it.

For him, ‘it does not matter’. So, he looks the other way and moves on. In the long run, the economic and psychological implication of all three is better imagined.

Land titles are sacred documents before the law which should not carry any form of irregularity, error or fault; needless to mention that it takes a land surveyor doing a site inspection to detect any form of irregularity on a title.

When the description on the title does not represent what is physically on ground, then there is a need for correction to be made.

Some people would choose to ignore the error, especially, if the landed property in question is located at a place that favours them better or is bigger than what is on the title.

Records have shown that keeping quiet in the face of such discovery is nothing short of a disaster waiting to happen as the buyer might just be buying time.

Bolarinwa Igede, a renowned land surveyor has advise that when such discoveries are made, it is only wise to apply for a Deed of Rectification for the errors to be rectified, lodged and recorded at the land registry.

However, he added that before then, a survey plan in the name of the original owner of the property should be prepared.

“A plan is a property that has a title. When it is sold, you may discover that there is an error. There is what is called Deed of Rectification. The process is that perhaps I discovered that the orientation and even location of the property is wrong based on what is on ground, what I need to do is to apply for the Deed of Rectification.”

“It is advised that all alterations to the Deed must be authenticated by the signatures of all the parties against each amendment made. For instance, if a plan to the original Deed is amended, then all the parties are expected to re-sign the plan and if a new plan is substituted for an existing plan in the original Deed, than all the parties should sign the new plan.

Details of the rectification should include the following information: the name and address of the rectifier or vendor, details on the principal title document and as well as the details of the rectification to be made.

Depending on the state, registration should take place at the Lands Registry office and should be accompanied with an application for registration to be addressed to the Director of the State’s Lands Registry; four passport sized photographs of the applicant, evidence of payment of income tax, sworn affidavit for the purpose on which the Deed of Rectification is being made; certified true copy of the principal title and photocopy of proof of identity.

There is a fee charged for rectification exercise, all depending on the state. For Lagos State, the sum of N18,750 is required to effect a Deed of Rectification.

Should another error occur on the Deed of Rectification, you may need a supplementary Deed of Rectification to correct such errors.

No error or irregularity, no matter how minute on a title should not be overlooked.