More on Land Documentation in Lagos State.
This is a continuation of the post on Land documents in Lagos State. We started with the different land documents you need when buying land. We moved onto the different buying situations you could find yourself in and what you should request for if you are buying land from a family/individual, a developer or the government.
I want to start this blog with the Certificate of Occupancy and Governor’s Consent. I hope you learn from this and enjoy every bit of this post. A large part of this post is culled from a document that I found on the web without a title, just plain documentation but it is the best explanation I have seen on the below documents.
Certificate of Occupancy and Governor’s Consent
A simple way to follow is this. The first person on a virgin land that has never been occupied either by another person or under acquisition by the government is entitled to get a Certificate of Occupancy on that land.
If that person with the C of O decides to sell the land to another person after so many years. the new person 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 the third owner in the future. The third owner must obtain a new consent from the governor before that transaction can be deemed legal in the eyes of the Government and the process continues every time the property changes hands to a new buyer.
In order 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 Governors Consent.
That is the reason I am putting both documents side by side in the image above, as they go with each other. There can only be one owner of the Certificate of Occupancy on any land. Subsequent owners get Governors consents.
The Powers of the Governor.
The powers of the Governors to consent to such transactions can be found in 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, and transfer of possession, sublease or otherwise howsoever without the consent of the Governor first had and obtained.”
With this power, the Governor has the right to grant consent to any transaction it thinks has not contravened any law of the land. If the consent has been obtained fraudulently, the governor is entitled to revoke such consent immediately.
It is very important for a purchaser of land to perfect his or her document by obtaining a Governor’s consent so as to have a complete rest of mind.
Deed of Assignment
The deed of assignment is one of the transactional document drawn up by a real estate attorney. This shows the relationship between the current title holder for a particular property and the new buyer.
In real property transactions, a deed of assignment is a legal document that transfers the interest of the owner of that property to the person to whom it is assigned, the assignee. When ownership is transferred, the deed of assignment shows the new legal owner of the property.
The deed contains very pertinent information for a real estate transaction. 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.
It is very compulsory and mandatory for a deed of assignment document to be recorded at the appropriate land registry. This is to show legal evidence. This process is basically to let the general public and government aware of the exchange or transaction.