Knowledge of land titles is a must-have, for anyone who wishes to own land for whatever reason. In Nigeria, every land is owned by the state government, according to the Land Use Act. This means that the government leases any land purchased for a period of 99 years after which the land title can be renewed by the owner. Basically, there are two types of acquisitions; Committed and Global. Committed Acquisition refers to a land that has registered interest by the government for slated purposes, such as roads, drainages, canals, airports, schools, etc. A person who purchases such land will find the perfection of land title problematic, and where a person proceeds with property development on such land, it can be subject to demolition with no compensation. On the other hand, Global or Non-Committed Acquisition refers to lands that have been acquired long ago by the government, but the lands have no slated purposes.
There are various types of land titles in Nigeria. The most essential ones to know about, are:
Excision and Gazette
Excision simply means the government releasing a parcel of land that has been under global acquisition in the past. Gazette is an official record book that spells out all details of an expanse of land that has been excised and given back to the community. The details include the name of the community and details of the expanse of land given excision.
Certificate of Occupancy
The Certificate of Occupancy is an authorized document of grant issued by the State Government, to an individual, groups of individuals or an entity, to confer ownership and right of occupancy in a definite land for all purposes for a term not exceeding 99 years subject to renewal. The Certificate of Occupancy is a document issued only once, to the first person to own and purchase such land as virgin land. Therefore, this document prevents multiple owners from claiming ownership of that piece of land. The C of O is usually issued for all governments’ land allocations and properties.
Governor’s Consent & Court Judgement
Governor’s consent refers to the approval of the Governor of every State of Nigeria of any transaction concerning land. This consent can be applied for and obtained multiple times, as many times as possession of such land is being handed over to multiple purchasers over time. Governor’s consent helps in the legalization of such property, as the government is made aware of the transfer of ownership rights.
Court Judgement implies that the individual went into a court battle with the government to another party over an expanse of land and came out victorious. Such person can then proceed to process the appropriate land documentation to grant him exclusive rights to such land, which could be either C of O, Governor’s Consent, Excision or Gazette as the case may be.
Probate & Letter of Administration
Probate & Letter of Administration is required where a person who owns any piece of land has died. In this case, the personal representatives of such person before exercising control or ownership over the property must obtain a Grant of Probate in case the deceased left a Will or Grant of Letter of Administration in case the deceased died intestate. The Probate and the Letter of Administration are the only valid titles to any property left behind by the deceased person.
Essential Land Documents
- Purchase Receipt: This must clearly state the name(s) of the purchaser and must include their signature. The names of the buyers have to be boldly written for the documents and receipts to be valid.
- Contract of sale: the contract of sale is the legal document that must give a full description of what is being purchased and a description of payments to be made in the present and the future.
- Deed of Assignment: this is a legal document that explains that part of the property that is covered by the C of O stating that they have assigned that particular portion of land to the purchaser. This deed must be duly signed and stamped.
- Survey Plan: Here, the land is mapped out accordingly to show the type of title such land already has. That is, if it is excised, gazetted, C of O, etc. it also shows if the land is still under government acquisition.
It is important for anyone seeking to purchase real estate to search the title of such property at the appropriate state land registry, usually found at a state’s Land’s bureau or the ministry of works/housing. A diligent search for the land title can also involve a search at a court registry where the title to the land involves court judgement or probate registry in case of property of a deceased person. It is also important to ensure that a proper investigation is conducted as to the title, accessibility, and usage of the land to be purchased.
At JOMAV Homes and Properties, we ensure that the documentation on every plot of land we sell is done with precision and due diligence, and that is a strong reason why you should do business and get in touch with us today.