In land and property transactions, execution of a deed is only the beginning—not the end—of the legal journey. From our collective experience as property lawyers and conveyancing practitioners across multiple jurisdictions, one recurring and costly mistake stands out: failing to properly register a deed.
Registration of a deed is the process that gives public notice of an interest in land, protects priority against competing claims, and converts private documentation into enforceable legal title. Without registration, a deed—no matter how carefully drafted—may offer little or no protection against third parties.
This step-by-step guide to registering a deed explains the legal process in clear and practical terms. We draw on judicial authorities, statutory principles, and academic commentary to show why registration matters, how it is done, and what risks arise when it is ignored.
What Does It Mean to Register a Deed?
Registering a deed involves entering the instrument into an official public register—usually maintained by a land registry or deeds registry—so that the transaction becomes legally recognized and discoverable by third parties.
According to Megarry & Wade, registration systems exist to replace secrecy with certainty in land ownership.
In Ogunbambi v Abowab (1951) 13 WACA 222, the court emphasized that registration plays a critical role in tracing and validating title to land.
Why Registration of a Deed Is Legally Important
From our experience, deed registration serves four essential legal purposes:
- Public Notice – It alerts the world to the existence of an interest in land
- Priority Protection – It determines whose interest prevails in case of conflict
- Evidentiary Value – Registered deeds are easier to prove in court
- Marketability – Registered title is easier to sell, mortgage, or lease
In Osho v Foreign Finance Corporation (1991) 4 NWLR (Pt. 184) 157, an unregistered interest was held inferior to a registered legal title.
Step-by-Step Guide to Registering a Deed
While procedures vary by jurisdiction, the core steps are broadly similar across common-law and mixed legal systems.
Step 1: Ensure the Deed Is Properly Drafted and Executed
Before registration can occur, the deed must be legally valid.
From our practice, a registrable deed must:
- Clearly identify the parties
- Accurately describe the property
- State the nature of the interest transferred
- Be signed, sealed, and delivered
- Be properly witnessed
In Savage v Uwaechia (1972) 3 SC 214, the court stressed strict compliance with formal requirements in land transactions.
Key Tip: Registration cannot cure a fundamentally defective deed.
Step 2: Verify Title and Supporting Documents
Registries typically require evidence that the grantor has authority to transfer the interest.
Supporting documents may include:
- Previous title documents
- Survey plans
- Court judgments (where applicable)
- Evidence of family or communal consent
In Idundun v Okumagba (1976) 9–10 SC 227, the Supreme Court outlined recognized methods of proving title to land.
Step 3: Obtain Statutory or Government Consent (Where Required)
In many jurisdictions, transfers of land require statutory or governmental consent before registration.
Failure to obtain consent may render the transaction void or voidable.
In Awojugbagbe Light Industries Ltd v Chinukwe (1995) 4 NWLR (Pt. 390) 379, the court held that consent is a mandatory precondition.
Practical Note: Registries will usually refuse registration without proof of consent.
Step 4: Assessment and Payment of Stamp Duty
What Is Stamp Duty?
Stamp duty is a tax imposed on deeds and instruments affecting land.
Under stamp duty laws worldwide, unstamped or inadequately stamped deeds are inadmissible in evidence.
In Akingbade v Elemosho (1964) 1 All NLR 154, the court held that unstamped land instruments cannot be relied upon in court.
Practical Process
- Submit the deed for assessment
- Pay assessed stamp duty
- Endorsement or electronic stamping of the deed
Step 5: Submission of Application for Registration
Once stamping is completed, the deed is submitted to the land registry.
Typical requirements include:
- Application form
- Original stamped deed
- Evidence of consent
- Survey plan
- Identification documents
- Payment of registration fees
In Ogunleye v Oni (1990) 2 NWLR (Pt. 135) 745, the court reiterated the importance of registry compliance in land transactions.
Step 6: Registry Examination and Verification
The registry examines:
- Authenticity of documents
- Compliance with statutory requirements
- Consistency with existing records
Any defect may lead to queries or rejection.
From our experience, professional handling at this stage significantly reduces delays.
Step 7: Entry into the Register and Issuance of Evidence of Registration
Upon approval, the deed is entered into the official register.
The registrant receives:
- A registration number
- Certified copies or digital records
At this point, the deed gains full legal recognition against third parties.
Common Mistakes That Delay or Invalidate Registration
From our experience, the most frequent errors include:
- Using an inappropriate deed (e.g., gift instead of assignment)
- Understamping to reduce costs
- Incorrect property description
- Failure to obtain required consent
- Attempting self-registration without guidance
These mistakes often result in rejection or future disputes.
Can You Register a Deed Without a Lawyer?
In some jurisdictions, it is legally possible. In practice, it is risky.
Land registries operate on strict technical rules. As Cheshire & Burn observe, conveyancing is a technical legal process requiring professional skill.
From our experience, lawyer-led registration is faster, safer, and less prone to fatal errors.
Frequently Asked Questions (FAQs)
1. Is registration of a deed mandatory?
In most jurisdictions, yes, to protect priority and enforceability.
2. What happens if I don’t register my deed?
You risk losing priority to later registered interests.
3. How long does deed registration take?
It varies by jurisdiction, ranging from weeks to several months.
4. Can registration cure defects in a deed?
No. Registration does not validate an invalid deed.
5. Is registration the same as perfection of title?
Registration is a key component of title perfection but not always the only step.
Conclusion
Registering a deed is one of the most important steps in any land transaction. From our collective experience, unregistered deeds are among the leading causes of land disputes, failed sales, and avoidable litigation.
By following a structured, legally compliant registration process—and seeking professional guidance where necessary—landowners can secure priority, certainty, and peace of mind. In land law, ownership is not merely about possession or documentation; it is about enforceable, registered rights recognized by law.
This article is for educational purposes only and does not constitute legal advice. Readers should seek jurisdiction-specific professional guidance before registering deeds.
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