Understanding The Procedure For Applying For An Extract Of Title Regarding A Lost Or Destroyed Title Document

Introduction:

An Extract of Title is a document usually issued by the Registrar of Titles to the holder of a registered title document who has misplaced their title document. An Extract of Title can also be issued to someone whose registered title document has been destroyed. It should be noted that the power of the Registrar of Titles to issue an Extract of Title is derived from section 37 (1) of the Lagos State Lands Registration Law, 2015.

However, section 37 (4) of the Lagos State Lands Registration Law, 2015, provides that where the title document that has been misplaced or destroyed is a Land Certificate, the holder need not apply for an Extract of Title. Instead, they can apply to the Registrar of Titles for the issuance of a new Land Certificate once they provide an Affidavit of Loss and a Police Report.

Documents Required to Apply for an Extract of Title

The following are the documents required to apply for an Extract of Title:

1. An Application Letter to the Registrar of Titles requesting an Extract of Title Document. It is preferable if the application is written by a lawyer on behalf of the title holder.
2. Two copies of an Affidavit of Loss. The Affidavit would detail the particulars of the title document that has been misplaced or destroyed and provide the circumstances surrounding the loss or damage of the document. The title holder's passport photograph must be affixed to the Affidavit of Loss.
3. A Police Report detailing the circumstances surrounding the loss or damage of the title document.
4. A publication in a national newspaper notifying the public about the loss or destruction of the title document—the preferred format for the publication is a quarter page.
5. A Certified True Copy (CTC) of the title document.
6. Two passport photographs of the title holder with a white background—the preferred format for the passport photograph is 5 by 5.
7. A copy of a government-issued identity card of the title holder. It should be noted that the title holder will be required to present the original copy of the identity card for sighting.
8. Evidence of the payment of Ground Rent or Land Use Charge to date.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.