LAND MATTERS. 3.0
“The best investment on earth is Earth.” -Louis Glickman.
There is a popular statement that there is no land without documents. While there may be contrary opinions to this saying, the relevance for all times is also not in doubt. Here is a concise attempt to touch on the various documents and titles in land. Although by no means exhaustive, this article has, however, been expressed in the clearest way possible, devoid of all technicalities.
1. Excision: From the root verb "excise," the process by which a land previously under government acquisition or control is released and made free for private ownership is called "Excision."
2. Gazette: A successful excision process is usually published by the government in an official record called a gazette. As a title to land, it is a record which shows that the land is free from any form of government interests or encumbrances.
3. Deed of Assignment: This is a legal document which evidence the transfer of interest of land from a previous owner to a new buyer. Usually drawn by an Estate Attorney, it contains very pertinent information about the subject matter of transaction, such as the date of transfer of ownership as well as specific description of the property, amongst other things.
It is mandatory for a Deed of Assignment document to be
registered at the appropriate Land Registry as evidence to prove ownership and for public awareness.
4. Survey Plan: Usually containing a beacon number, a survey plan records the co-ordinates of every available land. No two lands can have the same coordinates in the same manner in which, no two persons can have the same fingerprints. Where anyone wants to know the status of a land, whether or not it is free from any form of encumbrance, one can obtain the co-ordinates and chart the land up at the appropriate Land Registry.
Generally, a survey plan gives the general description of a parcel of land, shows the layout, and measures the boundaries.
5. Certificate of Occupancy (C/O): Pursuant to the provisions of the Land Use Act, 1978, all land are vested in the Governor of a State (S.1). The evidence that the Governor has granted a statutory right of occupancy as contained in S.5 of the Act is the issuance of a certificate of occupancy (S.9). This vests on any holder, the right over that land for a definite term, usually a period of 99 years.
6. Governor's Consent:
Section 22 of the Land Use Act provides that: "It shall not be lawful for the holder of a statutory right of occupancy... to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise however without the consent of the Governor..." Hence, any subsequent transfer of interest by a holder of a c/o must be accompanied by a Governor's consent.
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Please, drop your comments, questions and suggestions, and share this post.
Remember: Always discuss land matters because, Land Matters!
With love,
Adebayo Olusegun (Esq.)
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