By Land titles and documents often remain very relevant whenever property transaction is being discussed. No wonder I was excited when the topic came up for discussion during an online training session organised by AYHOMES LTD recently.
Although, I had written extensively about it on this medium and on several WhatsApp platforms; the material is re-presented here for the purpose of being a pertinent reminder for everyone – By Property News
SURVEY PLAN
A Survey plan is a document that measures the boundary of a parcel of land to give an accurate measurement and description of that land.
The people that handle survey issues are Surveyors and they are regulated by the office of the Surveyor-General in every State of the Federation.
A Survey plan must contain the following information:
1. The name of the owner of the land surveyed.
2. The location or description of the land surveyed.
3. The size of the land surveyed.
4. The drawn-out portion of the land surveyed and mapped out on the survey plan document.
5. The beacon numbers.
6. Details about the surveyor who carry-out the survey plan and the date it was drawn.
7. A stamp showing the land is either free from Government acquisition or not.
Legally speaking, a Registered Survey is not a title to land. However, a registered survey is an important document in land transactions and it gives credence to the land for a number of reasons.
First, it shows that the person whose name appears on the land has a connection with the land. The person or company has supporting documents to show that the land in question is theirs.
Second, it shows the status of the land in question; it is either free from government acquisition or not. If there is no encumbrance on the land, then it can be freely bought from the rightful owner.
DEED OF ASSIGNMENT
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 the buyer that has just bought land.
A Deed of Assignment therefore is an agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that land to the assignee.
The Deed contains very relevant 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 specific description of the property that is included in the transfer of ownership.
In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the Lands Registry of the State. This is to show legal proof that the land has exchanged hands and the public should be aware of the transaction.
The Deed of Assignment spells out the key issues in the transaction between the seller and the buyer, so that there won’t be any confusion or assumption after the property has been transferred to the new owner.
A deed of Assignment is one of the most important documents “YOU MUST HAVE” when you conclude a land transaction. In fact, it is baffling that 6 out of 10 people who have bought lands in the past, have no Deed of Assignment. They are always the first to complain that Omonile has defrauded them but they have no proof to show the property has been sold to them, other than a mere Receipt of Purchase.
It is funny that everyone has the title documents for their car; showing who the seller is and how it was transferred from the seller to the new owner. However, when it comes to landed properties, which are 10 times more valuable than cars, we fail to ask for this very important document that can prove ownership of that land.
EXCISION
The Land Use Decree of March 28, 1978 vested all lands in every State of the Federation under the control of the 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. This is in order to provide amenities for the greater good of the citizenry.
Fortunately, the government 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.
An Excision means basically taking a part from a whole and that part that has been excised (given out by the government for free use), 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 have bought it “Legitimately” from the Baale or the original dwellers on the land.
However, an Excision process is not complete until same is gazetted. Hence, after an Excision is given, the Excision is then gazetted.
GAZETTE
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. It is within those excised acres or hectares of land that the traditional family is entitled to sell to interested members of the public; and not anything outside.
A community owning a Gazette can only sell lands to an individual within those lands that have been excised to them and the community or family head of that land has the right to endorse the documents, if you purchase lands within those excised acres or hectares of land.
If the government, based on some reasons best known to it, decides to revoke or acquire your land, you will be entitled to compensation as long as it is within the excised lands 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 survey plan at the Surveyor-General’s office or apply officially for the land information to confirm whether it falls within the Gazette; and spell out which particular location it can be found.
A Gazette is simply a publication made by the government that a particular land and on a specific; location has been excised. With a Gazette the process of getting the C of O on the excised land can then start.
CERTIFICATE OF OCCUPANCY
A Certificate of Occupancy (C of O) issued by the state government officially leases land to you, the applicant, for 99 yrs. As already indicated above, all lands belong to the Government and the C of O is the only officially recognized document for demonstrating your right to a Land.
What happens after 99 years? That question is still subject of debate among experts. Most people have adopted a “wait-and-see” attitude. Others postulate that as the new owner of the land, you the buyer, can renew the Certificate of Occupancy when it expires. That makes sense, but for now it is largely a case of “We shall see when we get there”.
One recurring question most client like asking is: “if C of O can be done in their own name?” And how long it takes? It is either of these two-ways:
1) If the land already has C of O or Global C of O carrying a particular name,
say for example the Global C of O covering all the estates in Oshoroko is in the name “Lekki Coastal Association”, another C of O cannot be issued.
A parcel of land can never be issued more than one C of O, no matter how many times it changes ownership.
2) If the C of O has not been applied for at all. The client can choose to apply for an individual C of O, which usually takes 24-36 months depending on a lot of factors.
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 Governor’s 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 which 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.”
With this power, the Governor has the right to grant consent to any transaction which he thinks has not contravened any Law of the land and if the Consent has been obtained fraudulently, the Governor is entitled to revoke it, immediately.
Do you have any question of clarification? Do you need any of these above-mentioned documents?
Feel free to contact Ranti on: 0813 784 3401, 0708 102 9880 or
Click: 08137843401 for WhatsApp chat.
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