IMPORTANT THINGS YOU SHOULD KNOW BEFORE PURCHASING A LAND IN LAGOS NIGERIA

PART 2.

Two processes involved in making a land under Global Acquisition to be FREE.

1. Excision
2. Ratification

A. EXCISION:
This is the processes whereby the government releases a portion of the land under acquisition. When a land is excised, it means the land has been released by the government to individuals or organizations.

There are two key things you should know about EXCISION.

a. The fact that a file number has been given at the Ministry of Lands does not mean that the Excision will be granted.
b. The total area of land applied for is not always granted by the government.

For example, if a real estate company applied for 80 hectares of lands to be excised, the government may grant just 50 hectares. What is the implication of this to buyers?

This means that those clients who bought Lands from the 30 hectares that was not granted to the real estate company, would lose their lands. Some real estate companies may decide to compensate them by giving them another land in a different location.

Usually, there is an official document of the government where all transactions are recorded and kept, and that document is called a GAZETTE.

Ratification (Regularization):
This involves buying the Lands properly from the government. That is, after buying from the seller, you still go ahead to pay government for the land again.

B. GAZETTE:
This is an official record of the the government containing special details.  A Gazette shows the record of the communities or villages that have been granted Excision, and the number of Acres or Hectares given to them.

Once you register your land in the Gazette document, you're free from any form of government encumbrances, and if the government decides to take the land for a particular project, you're entitled to compensation worth the value of the house. The Gazette is a very good title because that's what you'll use to apply for a CERTIFICATE OF OCCUPANCY, CofO.

C. CERTIFICATE OF OCCUPANCY( CofO):
This is the title you get when the government leases a land to you for a period of 99years. After which the certificate can be renewed.
NOTE: The CofO is given once. The government can not give two CofO's on same property.

D. DEED OF ASSIGNMENT:
We know that the government does not give CofO twice on a property.  If for example, a real estate company buys a property with CofO, and then you bought a plot or so from them, a copy of the Global CofO will be given to you and a Deed of Assignment, assigning you to that portion of the entire parcel that you bought. The Deed of Assignment must be well Stamped and signed by the real estate company.

E. RECEIPT:
After paying for the property, and you've been issued a Deed of Assignment, you also need to collect a receipt of payment with your name boldly written on it and signed.

If you're buying the property with your wife or business partner, the names of both parties must be written in full.

F. GOVERNOR'S CONSENT:
When a land with CofO or Gazette is sold to another person, it is required that such a person (new buyer) must obtain the consent of the Governor before that transaction can be deemed legal in the eyes of the government.
            
To understand Governor's Consent, let's use this analogy;
Mr Emeka approaches the government to acquire land that has never been acquired since the Land Use Act of 1978 was enacted. The government then excises a land registered on a Gazette and a CofO.

Mr John (second buyer) then decides to buy that land from Mr Emeka but he ( Mr Emeka) is still recognized as the owner of the land due to his CofO. To complete this transaction where Mr Emeka transfers the CofO to Mr John, Mr John must obtain a Governor's Consent.

If Mr John decides to sell to another buyer, that buyer must also obtain a Governor's Consent,  and the cycle continues.

The reason for the above is seen in section 22 of the Land Use Act 1978 as amended.

Which states; "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.

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