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7 Land Documents In Nigeria You Must Know Before Buying Land. - Properties - Nairaland

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7 Land Documents In Nigeria You Must Know Before Buying Land. by obonujoker(m): 12:57pm On Jul 28, 2020
1: SURVEY PLAN
This is the land document that shows the boundary measurements of a parcel of land to give an accurate measurement and description of that land.

A Survey Plan is a very important land document you must ask for whenever you are trying to buy a land. In fact it is the most important because it is with this document that you will be able to know everything about the land.

It is with a Survey Plan that you will be able to do a search to know if the land you are planning to buy is free or not.


Number 2: EXCISION
Before now the traditional families have so much power when it comes to anything concerning land, they are the ones who determine which land will be sold and which one they will keep.

Because of this super power they have on land, they refuse to sell lands to individuals who need it, but give it out to them under tenancy system and which made them to still have full control over that land.

This made it very difficult for anyone who wants to buy land to get one.

Because of this and some other reasons, it finally led to the proclamation of the Land Use Decree (now Act) on the 28th of March, 1978 that vested all lands in every state of the Federation under the control of the State Governors.

The Land Use Act coupled with other laws made it possible for the Governor who is now the owner of all lands in the state to actually have the power to acquire more lands compulsorily for its own public purpose to provide amenities for the greater good of the citizens.

Fortunately, the government still recognizes that indigenes of different sections of the country have a right to existence . . . a right to the land of their birth. Hence, it is customary for state government to cede a portion of land to the original owners (natives) of each area.

So an Excision simply means 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 compensating you even if you bought it “Legitimately” from the Baale or the Original dwellers on the land.

Hope you understand why this land document is very important before you buy any land. Because it is with this land document that you know if the Land is FREE or Under Government Acquisition.

Number 3: GAZETTE[\b]
According to the Land Use Act all land belongs to the government so the Governor is the owner of all land even the one in your village, and he alone will determine what to do with the land not even your Igwe, Oba or Emir.

So it is only when the Governor has taken the land he want to use that he give the remaining to the traditional family to do whatever they want to do with it.

So A Gazette is an Official record book where all special government details 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.

A Gazette is a very powerful instrument the community owns and can replace a Certificate of Occupancy to grant title to the Villagers.


[b]Number 4: CERTIFICATE OF OCCUPANCY

A Certificate of Occupancy (C of O) is a Land Document issued by the State Government to officially leases any land under the state to you (the applicant), for 99 yrs. As already indicated above, all lands belong to the Government.

A C of O however is the officially recognized Land Document for demonstrating Right to a Land. What happens after 99 years?


[b]Number 5: DEED OF ASSIGNMENT[\b]

A Deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land to that the Seller that has just bought land.

The Deed of Assignment contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.



[b]Number 6: GOVERNOR’S CONSENT[\b]
Just like the it sounds a Governor’s Consent is a land document that is obtained whenever you buy a land with C of O. It’s the land document that lets the Governor and the general public know that the land in question has changed hands.

According to Section 22 of the LAND USE ACT 1978 as amended, this states thus:
“It shall not be lawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise howsoever without the consent of the Governor first had and obtained”

It is very important for a purchaser of land to perfect his or her document by obtaining Governors consent so as to have a complete rest of mind.

An advantage of having a Governor’s consent is that you can transfer your land to another person without going to the Omoniles or Family Baale to sign your deed and Form 1c which are compulsory requirements needed before you can process Governors consent.[\b]


[b]Number #7: RECEIPT

This land document is the list of all and is just for the seller to acknowledge that he/she has received the due money he/she wants to sell the land.

The mistake most people make is to think the A Receipt is the same thing with A Deed Of Assignment.


https://www.vandrpartners.com/different-land-titles-in-lagos-and-how-to-tell-the-difference/

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