When it comes to land ownership in Nigeria, having the right documents is crucial. One of the most important documents you need is a survey plan. This article will walk you through everything you need to know about survey plans, why they are essential, and how to get one.

What is a Survey Plan?

It is a detailed map of a piece of land, showing its boundaries, measurements, and other significant features. It is prepared by a licensed or registered surveyor and is a critical document for land transactions. However, sometimes, surveyors that are not registered or licensed prepare survey plans and this may have far-reaching consequences for the landowner. Beware of this!

Purpose

The primary purpose of a survey plan is to provide an accurate representation of the land. It helps in identifying the exact boundaries and size of the property, which is essential for any land transaction.

Proper delineation of land is crucial in every land transaction as it protects parties from trespassers or from any of the parties moving boundaries to encroach on the others portion.

Where you have a large expanse of land that has the same name and description, and sometimes a common owner, a survey plan helps to clearly state the land that is the subject of a transaction. So, even when the beacons or landmarks have been moved, with the coordinates on the survey plan, any surveyor can easily map out the portion belonging to a landowner and he or she can make claims to what rightfully belongs to him or her.

Legal Framework for Survey Plans in Nigeria

Survey plans are governed by various laws and regulations in Nigeria. Understanding these legal frameworks is essential for ensuring that your survey plan is valid and recognized by the authorities.
The Survey Plan Act of 1990 is one of the key legislations governing survey plans in Nigeria. This Act outlines the requirements for preparing and registering a survey plan.

Components of a Survey Plan

A survey plan typically includes several key elements that provide detailed information about the land. These elements include the land’s boundaries, measurements, coordinates, and any physical features such as buildings or trees.

Types of Survey Plans

They are:

Provisional Survey

A provisional survey plan contains basic information about the land but is not a legal document. It is often used for preliminary assessments. For example, in our office, we normally advise our clients to do this when they are buying land in certain areas where we suspect that the government may have acquired land. With this type of survey plan, we then find out from the government if that land is under acquisition. This has saved some of our clients from investing in lands that they would have lost when government comes up to claim what is theirs in a few years. Such is the reason there are demolitions of whole areas by the governments of various states.

If the landowners had a knowledgeable property lawyer, who advised on doing this, they would not have bought such land, not to talk of building on it. Click here to reach us for a chat about your property issues, we will give you the best advice as property lawyers.

Registered Survey

A registered survey plan is a legal document that has been lodged with the Office of the Surveyor-General of the State. It includes detailed information and is recognized by the authorities. It is also an important land document. And it is usually prepared by licensed surveyors.

Unregistered Survey

There is yet another survey plan that people acquire ignorantly from unregistered surveyors. Though type may have all the important information is not a valid land document. This is because it cannot be registered with the Surveyor General of the state. It therefore has little or no legal force.

How to Obtain a Survey Plan

The first step to obtaining a survey plan is to hire a licensed surveyor who will conduct a survey of the land. (However, I usually advise that you first consult a lawyer, as we work with surveyors and know the ones that are licensed.) Once the survey is complete, the surveyor will prepare it, and it will then be registered with the Office of the Surveyor-General.

Importance of a Survey Plan

Preventing Boundary Disputes

It helps to prevent boundary disputes by clearly defining the boundaries of the property.

Legal Proof of Ownership

A registered survey plan serves as legal proof of ownership, which is crucial for any land transaction.

Size of Land

It will help you know if the land you want to buy is up to the size the seller said it is when you started negotiations. If the land is smaller, you may bargain for a lesser price or back out of the transaction.

Survey Plan vs. Other Land Documents

While a survey plan is essential, it is not the only document you need for land transactions. When it comes to title to land, A survey plan is not a standalone document. It is often used in conjunction with other documents such as a Deed of Assignment and a Certificate of Occupancy. Each of these documents serves a different purpose and provides different information about the land. A survey plan on its own cannot give you title to a land.

Conclusion

Everyone involved in a land transaction in Nigeria should get the land surveyed and have a survey plan pertaining to the land. It protects both parties with the information it contains and ensures that your land transactions are smooth and legally foolproof.

Amara Aniche, a legal practitioner, wrote in from Lagos.