10/10/2017
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Land Title
You can't talk about buying a land without asking the seller What Title Does the Land have ?
It is a primacy . You have to know the title before investigating if the title he told you is what the land has.
This leads us to...
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LAND DOCUMENTS
Document of a land is also the title of that land. It can be deed of assignment, survey plan(I have explained both)then the rest explained below.
*EXCISION*
An Excision means basically taking a part from a whole and that part that has been excised will be recorded and documented in the official government Gazette of that State. In other words, not having an excision means the land could be seized by the Government anytime without compensation, even if it was bought âlegitimatelyâ from the âBaaleâ or the original dwellers on the land.
*GAZETTE*
A Gazette is an Official record book where all special government details pertaining to land are spelt out, detailed and recorded.
A gazette will show the communities or villages that have been granted excision and the number of acres or hectares of land that the government has given to them. It is within those excised acres or hectares that the traditional family is entitled to sell its lands to the public, and not anything outside those hectares of land given or excised to them.
A Gazette is a very powerful instrument the community owns and can replace a Certificate of Occupancy to grant Title to the villagers. A community owning a gazette can only sell land to an individual within those areas that have been excised to them. Also the community or family head of that land has the right to sign your documents if you purchase land within those excised acres or hectares. If the government, for any reason, decides to revoke or acquire your land, you will be entitled to compensation as long as it is within the Excised land given to that community.
The best way to know whether a land is under acquisition or has an excision that has been covered by a Gazette is to get a Surveyor to chart the site and take it to the Surveyor Generalâs office to do a land information and confirm whether it falls within the Gazette, and spell out which particular location it can be found.
CERTIFICATE OF OCCUPANCY
A Certificate of Occupancy (C of O) issued by the Lagos State Government officially leased Lagos land to you, the applicant, for 99 yrs. All land belong to the Government. The first person on a virgin land that has never been occupied and not under acquisition by the Government is entitled to get a Certificate of Occupancy on that land.
GOVERNORâS CONSENT
If a person with the C of O decides to sell his land to another person, the buyer must obtain the Consent of the Governor before that transaction can be deemed legal in the eyes of the Government. If the new buyer now decides to sell the land again to a third owner, that third owner must also obtain a new Consent of the Governor before that transaction can be deemed legal in the eyes of the Government. This process continues every time the property exchange hands. In other words, the first person on a land is the only person or group of persons entitled to obtain a Certificate of Occupancy. Every subsequent buyer of that land must get a Governorâs consent. There can only be one (1) Owner of the Certificate of Occupancy on that Land and it will not be replicated for another person once the land has been sold or transferred to another person.
The powers of the Governor to Consent to such transactions can be found in Section 22. Of the *LAND USE ACT 1978* as amended. The Governor of a State can delegate the power of Consent to any member of his cabinet.
It is very important for a purchaser of land to perfect his or her document by obtaining a Governors Consent so as to have complete rest of mind. An advantage of having a Governorâs consent is that you can transfer your land to another person without going to the community touts (âOmo-onilesâ) or âFamily Baaleâ to sign your Deed and Form 1c, which are compulsory requirements needed before you can process Governorâs Consent. So you can say Certificate of Occupancy is not the ultimate.