Lost Your House Documents in Nigeria? A Step-by-Step Guide to Reclaiming Your Title

Losing your house documents can be a stressful experience, but taking prompt and appropriate legal steps is crucial to protect your ownership and prevent future disputes. This guide outlines the necessary actions to take if you find yourself in this situation.

1. Swear an Affidavit of Loss:

Your first step is to swear an Affidavit of Loss before a Commissioner for Oaths. This legal document should detail the circumstances of the loss, including the type of document, its date of issuance (if known), and any other relevant information. Crucially, the Affidavit must affirm your ownership of the property and state that you have not sold, mortgaged, or otherwise willingly relinquished the document. This affidavit serves as a formal declaration of the loss.

2. Report the Loss to the Police:

Report the loss to the nearest police station, ideally one close to your residence or the property itself. Obtain a Police Extract, a document confirming that you reported the loss. This extract provides further official documentation of the incident and can be vital in subsequent legal proceedings.

3. Publish a Public Notice:

Place a notice in a national newspaper circulating in the area where the property is located. This notice informs the public about the lost document, giving anyone with a claim to the property an opportunity to come forward. This step helps establish transparency and can protect you from future claims. The notice should include details of the property and the lost document.

4. Apply for a Certified True Copy (CTC):

The process for obtaining a Certified True Copy (CTC) depends on the type of lost document:

• Federal Government Documents (Allocation, C of O, Minister’s Consent): Apply for a CTC from the Federal Ministry of Housing or the Federal Land Registry that covers the property’s location. You will need to provide evidence of ownership and the circumstances of the loss.
• State Government Documents (C of O, Governor’s Consent, Registered Conveyance/Sublease): Apply for a CTC from the Land Registry of the State where the property is located. Again, provide all necessary documentation and evidence of ownership.

5. Regularization & Additional Legal Steps:

• Registered Title: If the lost document was a registered title, a Memorandum of Loss must be registered at the Lands Registry against the registered title. The Registrar of Titles may require further verification before registering this memorandum.
• Unregistered Document: If the lost document was not registered, you should consider initiating the process to perfect your title to avoid future disputes. This might involve applying for a Certificate of Occupancy based on other grounds, such as proof of possession for over 10 years, payment of Land Use Charge, and utility bills in your name. Consult with your lawyer on the best approach.

6. Obtain a Court Order (If Necessary):

In cases of dispute or fraudulent claims regarding the property, you may need to obtain a court order affirming your ownership. This involves filing a court action and presenting evidence to support your claim. Legal representation is crucial in such situations.

Conclusion:

Losing property documents can be daunting, but immediate action is key. By following these steps, you can protect your ownership rights, minimize the risk of fraud, and navigate the legal process effectively. Consulting with a qualified real estate lawyer throughout this process is highly recommended to ensure you take the correct steps and safeguard your investment. Don’t delay – act now to secure your property title.