1. Is the Registrar of Titles' Office responsible for registration and issuance of a title over a customary land?
The Office of the Registrar of Titles is the registering authority that will register and issue a title over a customary land. However, all documentation including the applications and survey plans will have to be lodged with the Land Titles Commission, which is under the Department of Justice and Attorney General for granting of a Conversion Order (C.O). This office will then register and issue a title in favour of the applicant based on the Conversion Order.
2. How do I get a title over a State/Government Land?
To obtain a title over a State Land , liaison will have to be done with the Administration and Land Allocation Section of the Land Management Division of this department. This office will only register a title upon the fulfillment of their requirements and subsequently their submission to the Registrar of Titles Office for the registration of the title.
3. How do I know if a parcel of land/lease is registered? If the volume and folio (title) references are known, the lease is already registered. This is because when a parcel of land is registered, volume and folio numbers are given. If this references are not known and parcel description(s) is/are known, a search is made in the LAGIS Database and the registers to confirm the registration. The parcel of land is deemed to not have been registered if the search to not reveal the title references. On other hand, if the parcel description(s) is/are not know, a enquiry must be made with the Survey General's Office for confirmation of a description from a map or survey plan.
4. How do I transfer a Title to a new Owner?
A contract of Sale and Transfer must be drawn up and both the vendor and purchaser must execute the documents correctly. The documents must then be lodged with the Stamp Duties Office - Internal Revenue Commission for stamping. After the stamping of the documents, the documents must be lodged to the Office of the Registrar of Titles for the purpose of registration.
5. If my owner's copy of the title is lost/destroyed/damaged, how to I get a new one?
You have to apply for a replacement title or official. The issuance of replacement title goes through a process and also certain requirements are to be met before a new title is issued. This procedures and requirements include;
- Obtaining an Application Form;
- Lodge the Executed Form(s) to this office;
- The payment of prescribed fee for a new replaced title being K150.00 per title;
- The preparation of a Notice to be published in any of the daily papers and also to be printed in the National Gazette. These costs are met by the clients.
After fourteen (14) clear/working days from the date of notice gazettal, the copies of the newspaper publication and National Gazette are to be brought to the Registrar of Titles Office for issuance of a replacement title.
6. How do I include my son, husband and/or wife in the title?
To include a family member in the title deed, a normal transfer is required. For instance, if the husband wants to include his wife's name, they have to execute the transfer documents and he will transfer the title from himself to himself and his wife. Thus, normal transfer requirements must be observed.
7. After the bank or any financial institute had released the owner's copy of the title to me, do I still have to come to the titles' office?
Yes, you still have to lodge the Discharge of the Mortgage with the Office of the Registrar of Titles for registration. Though, you have fully settle your loan from this particular institute, legally this institute is still an equitable interest holder until the discharge is registered with this office.
8. What type of documents are to be lodged for registration?
All documents lodged at this office must be the original originals. However, if the documents are original copies or photocopies, a statutory declaration must be executed to certify that the copies are the true copies of the originals. Also, the original owner's copy of the title must also be lodged together with the documents.
9. How much are the registration and application fees?
The registration fee for all registrations is K100.00 per dealing lodged. For instance, if there is a transfer and mortgage lodged together, then the total fee is K200.00, K100.00 for transfer registration and another K100.00 for mortgage registration. On the other hand, the application fee for new title is K150.00 whilst the application fee for a title search is K50.00 per file.
10. How long does it take for a registration to be done?
We would like to take up to ten (10) working days to process and register all dealings. However, many a times it has taken more than 10 days and this is gradually and consistently improving on this to register all dealings with 10 days.
11. What is a caveat and who is supposed to register a caveat?
A caveat is a temporary restriction on any dealing to be registered over a lease.The caveat's spane is only for a period of three (3) months. Any person having an interest over a lease can lodge a caveat for deliberation by the Registrar of Titles or the Deputy Registrar of Titles before the caveat is registered. The reasons for the registration of a caveat should not include the recouping of monies owed by the lessee.