Ownership of land in Nigeria is a complex issue that any investor in real estate has to navigate. The understanding of the Certificate of Occupancy, Governor’s Consent, and Excision-in that order is vital to protecting your investments, regardless of whether you are a first-time buyer or seasoned investor. This in-depth guide will clarify what these terms mean and how the processes work to ensure that you make informed decisions.
Certificate of Occupancy (C of O)
Definition
A Certificate of Occupancy is a paper or an official document issued by the state government granting legal rights to occupy and use a specific piece of land for a period not exceeding up to a maximum of 99 years.
Importance
- Legal Title: A Certificate of Occupancy recognizes the holder officially as the right occupant hence minimizing the conflict over ownership,
- Ownership Security: It sets clear ownership records, hence protection from multiple claims to your investment.
- Loan Collateral: Banks often require a C of O to secure loans or mortgages, enhancing financial opportunities.
How To Obtain a C of O
- Application Procedure: Apply to the state land registry.
- Documents: A land survey plan, proof of ownership, and other documents that may be required.
- Fees: Be prepared to pay for different application fees in each state.
Challenges
Delays in the issuance of a C of O could be due to bureaucratic inefficiency or incomplete documentation. Your own careful attention to making sure that your application is complete and accurately completed will expedite the process.
Governor’s Consent
Definition
Under the Land Use Act of 1978, the Governor’s Consent is a legal approval required for transferring, assigning, or mortgaging land that already has a C of O.
Why It’s Necessary
- Legal Validation: Confirms the transaction is lawful and binding.
- Legitimacy: Ensures compliance with legal requirements.
- Dispute Prevention: Protects buyers from future ownership disputes that might arise.
How to Get Governor’s Consent
- Submit a formal application to the governor’s office.
- Provide supporting documents that include a deed of assignment and the existing C of O.
- The payment of a consent fee is required and determined by various states.
Excision
Excision means the release of a certain portion of land by the government to communities, families, or individual owners that hitherto had been held by the government.
Purpose
- To save the land from government acquisition.
- Title Eligibility: Excised land can be qualified for titles such as C of O or Governor’s Consent.
How to Verify Excision
- Verify the status of excision at the state land bureau.
- Obtain a Gazette, which is the legal document showing lands excised, to confirm the status of the land.
Risks of Non-Excision Land
- Government Reclamation: Non-excised land can be reclaimed by the government.
- Ineligibility for Valid Titles: Such land cannot qualify for a C of O or Governor’s Consent.
Key differences at a Glance
| ASPECT | CERTIFICATE OF OCCUPANCY (C of O) | GOVERNOR’S CONSENT | EXCISION |
| PURPOSE | Grants legal occupancy rights | Validate property transactions | Release land from government control |
| ISSUER | State Government | State Government | State Government |
| APPLICATION | All lands | Lands with an existing C of O | Community or family lands. |
| LEGAL PROTECTION | High | High | Medium (requires follow up) |
Conclusion
A land title is the master key to successfully navigating Nigeria’s real estate market. Each of these titles, in chronological order- C of O, Governor’s Consent, and Excision- plays a different role in the quest to own and legalize it. Understanding them and checking the land documentation will save your investment from potentially costly disputes.
At MyPlace.ng, transparency and security are our top priorities. We collaborate exclusively with real estate professionals who uphold the authenticity of their listings, ensuring you have peace of mind while exploring Nigeria’s thriving real estate market. To maintain access to our platform, real estate professionals must consistently provide verified and genuine property listings. Start your journey to finding your dream property with confidence on MyPlace.ng, today!
Bonus Information
How to Find State Land Registry Contact Information in Nigeria:
Disclaimer:
The information provided here is for general guidance and may not reflect the most comprehensive details. Land administration systems and contact information can change over time. To ensure accuracy, always consult with a legal professional or the relevant state land registry directly.
General Search Tips:
- Use Online Resources: Search for terms like “[State Name] Land Registry” or “[State Name] Ministry of Lands” to locate official websites and contact details.
Using the search technique above, you can obtain results such as:
- Lagos State Land Registry
- Address: Block 13 & 14, The Secretariat, Alausa, Ikeja, Lagos
- Visit Government Websites: Check state government websites for dedicated land administration sections or contact information.
- Local Inquiries: Reach out to local government offices in the property’s area for guidance or specific land registry contacts.
Always consult a legal professional to navigate land administration procedures effectively and ensure compliance with all requirements.
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