Deed of rectification as a correcting tool

A Deed of Rectification simply put is a legal document used to correct mistakes on a title document. Sometimes, mistakes occur in the preparation of title documents. Mistakes such as wrong distances, wrong description of the location of the property, wrong spelling of the names of the parties and a few others do occur as a result of human error. We make mistakes even in the areas of our professional trainings and endeavours. Nothing is unusual. That makes us human. But there is room for corrections and amendments. That is where a deed of rectification comes in. It is a document signed by a rectifier and used to correct mistakes on title documents. It is a correction deed, supplementary deed or an amendment deed on title documents. It is very important to rectify mistakes on these important documents because they shows or bestows ownership on a property and gives ownership to the person possessing it.

When a deed of rectification is duly signed and endorsed by the registrar of title, then the deed becomes valid. In other words, the document provides the legal framework to correct or rectify an existing document relating to real property. Using the Lagos State Land Registry office as a case study, a deed of rectification should include information about parties involved in the transaction (that is, the assignor (sometimes)and the assignee, usually the rectifier) which is prepared in a deed format and signed by the rectifier, specifying the errors that needs correction, a sworn affidavit of rectification to be duly deposed to by the rectifier, photograph of the rectifier attached to the deed of rectification, certified true copy of title document(s) obtained from the Land Registry office, corrected survey plan, in case a faulty survey was registered in the deed of assignment, Certificate of Occupancy or any registered title and means of identification of the rectifier and payment of statutory fee as advised by the concerned authority.

Thereafter, the above listed contents, bonded and stamped will be submitted with a covering letter to the Registrar, Land Registry by the rectifier, his agents or anyone acting on his behalf. The submitted deed, after a file has been opened, will be evaluated and sent to the office of the Surveyor General, Lagos State for charting. The essence of charting is to confirm conformity of the attached survey plan in line with the title to be rectified. After charting, the file comes back to Lands Registry for physical inspection of the site so that the coordinates coated and ownership verified. The file would then be recommended for indexing at the plan section of the land registry in a process termed investigation by the government or its agency on the title being rectified. The document, deed of rectification proceeds for approval of rectification, to be signed and counter signed by the deputy Registrar of title and the Registrar of title respectively.

Though appears very simple as outlined, but might not necessarily be so. The process takes time and efforts. Until one fully goes into it, he would not realise, appreciate and understand the intricacies involved. The very many problems encountered in processing rectification discourage and deters many applicants from the process, except when it becomes absolutely necessary to go the whole hug.  Some of the problems from personal experience include, but not limited to:  Bureaucracy. This has to do with the excessively complicated administrative procedure in the civil service. The process could be long, tedious and frustrating. Sometimes, it creates problems such as payer Identity which often takes longer than necessary time and process as a result of which some rectifiers may unwilling to supply some personal information like BVN.

Inspection process could be frustrating most especially when there is no form of accord between the rectifier, his representatives or the officer for inspection. This may be in terms of financial gratification. The attitude of some staff towards agents, rectifier or professional colleague handling such process is yet another problem. Some people believe that once a professional colleague is handling a brief that involves a prime land, he must have been well paid and will be demanding a share of the supposedly made payment. Difficulty arises in getting root of titles in some instances. Going forward, I suggest the government should work on the bureaucratic bottlenecks, with the aim of ameliorating same. Time, it is said is money. We must imbibe the culture of getting things done with speed and precision. We need orientation and reorientation of staff in this direction. We must leverage on technology in our rapidly changing world.  It is also important to encourage the staff and personnel handling the assignment through incentives so that they will bring out their best. I also think it is in order to convoke stake holder’s forum where all parties will be able hear their concerns.

• Lawal is a Lagos-based estate surveyor and valuer

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