Governor’s Consent is a critical part of perfecting many land transactions in Lagos State. Where the holder of a statutory right of occupancy assigns, mortgages, subleases or otherwise alienates the interest in circumstances covered by section 22 of the Land Use Act, the Governor’s prior consent is required. A transaction that requires consent should therefore be properly processed through the Lagos State land administration system. Obtaining Governor’s Consent is not simply a matter of submitting a Deed of Assignment and waiting for an endorsement. The transaction undergoes documentary, survey, title and administrative checks before the relevant consent and registration processes are completed. This article explains the practical process of obtaining Governor’s Consent in Lagos State and the documents generally required. What Is Governor’s Consent? Governor’s Consent is the statutory consent required for certain dealings with a statutory right of occupancy. Section 22 of the Land Use Act provides that the holder of a statutory right of occupancy shall not alienate the right, or any part of it, by assignment, mortgage, transfer of possession, sublease or otherwise without the prior consent of the Governor. The requirement is particularly relevant where an existing holder of a statutory right of occupancy transfers an interest in the property to another person. The previous article, “Governor’s Consent in Nigeria: When Is It Required?”, explains the circumstances in which consent is required. Who Processes Governor’s Consent in Lagos? In Lagos State, land administration functions are handled through the Lagos State Lands Bureau and the state’s land administration framework. The Lagos State Government’s official resources identify the Lands Bureau and provide access to land-related services through its government service platforms. Applications should therefore be made through the applicable official Lagos State land administration process rather than through unofficial intermediaries. When Should You Apply for Governor’s Consent? Where a transaction requires Governor’s Consent, the consent should be incorporated into the transaction’s completion and perfection process. A buyer should not treat consent as an optional document to be obtained only when the property is eventually sold again. For a typical assignment, the parties should first establish the seller’s title, prepare and execute the appropriate instrument, and then process the required consent and registration in accordance with the applicable requirements. The precise sequence can depend on the nature of the transaction and the state requirements applicable at the time. Documents Required for Governor’s Consent in Lagos The exact documentary requirements can vary according to the nature of the transaction and the current requirements of the Lands Bureau. For a typical assignment, the application commonly requires documents such as: 1. Deed of Assignment The executed Deed of Assignment is the principal instrument evidencing the transaction between the assignor and assignee. The deed should accurately identify: The assignor; The assignee; The property; The nature of the interest being transferred; The consideration; The root of title; and The relevant survey and property particulars. The deed should be properly prepared before submission. 2. Certified True Copy of the Root of Title The applicant will generally need evidence of the title from which the interest being transferred derives. Depending on the property, this can include a: Certificate of Occupancy; Previously registered Deed of Assignment with Governor’s Consent; Deed of Conveyance; Government allocation document; or Other acceptable title document. The relevant title should be independently investigated rather than merely attached to the application. 3. Survey Plan The application will ordinarily require survey information identifying the property. The survey should correspond with the property being transferred and satisfy the applicable survey and charting requirements. Lagos State’s official planning materials recognise title documents and survey documentation as important components of property and development applications. 4. Application Form The applicable land administration form must be properly completed and submitted with the application. Historically, Land Form 1C has been used for applications for Governor’s Consent in Lagos. 5. Identification and Photographs Identification documents and passport photographs of the relevant parties may be required as part of the application. The precise requirements should be confirmed against the current Lands Bureau checklist applicable to the particular transaction. 6. Corporate Documents Where a company is a party to the transaction, the relevant corporate documents will be required. These can include evidence of incorporation and documents establishing the company’s relevant particulars and authority to participate in the transaction. 7. Tax and Other Statutory Documents Depending on the transaction and the stage of processing, the parties may be required to provide evidence of tax compliance and other statutory payments or documents. These requirements should be dealt with as part of the application rather than left until the final stage. Step-by-Step Process for Obtaining Governor’s Consent in Lagos Although individual transactions can differ, the process generally follows these stages. Step 1: Investigate the Existing Title Before preparing the application, the buyer’s lawyer should investigate the seller’s title. This should establish: The identity of the registered holder; The root of title; The property’s location and survey details; Existing encumbrances; Mortgages or charges; Previous assignments; Restrictions; Litigation or competing interests; and Whether the seller has authority to transfer the interest. This is essential because Governor’s Consent is not a substitute for title due diligence. Step 2: Prepare the Transaction Documents The appropriate instrument, such as a Deed of Assignment, should be prepared to reflect the transaction. The deed should accurately describe the property and the interest being transferred. Errors in the property description, parties, root of title or execution can result in queries or delays during processing. Step 3: Execute the Deed The parties execute the transaction document in accordance with applicable legal requirements. The buyer should ensure that the executed instrument accurately reflects the agreement between the parties before proceeding to the consent process. Step 4: Prepare the Consent Application The application is compiled with the required supporting documents. For a typical assignment, this will include the relevant title documents, executed Deed of Assignment, survey information and the other documents required by the Lands Bureau. Step 5: Submit the Application The application is submitted through the
Documents to Check Before Buying Land in Lagos
Buying land in Lagos without examining the relevant documents is a serious legal and financial risk. A seller can present a Certificate of Occupancy, survey plan, receipt or Deed of Assignment and still fail to establish a valid and transferable interest in the land. The important question is not simply whether the seller has documents, but whether the documents establish the seller’s interest, correspond with the actual land and show that the seller has the legal authority to transfer it. Lagos State operates a land registration system under which land-related documents and transactions are registered through the Lands Registry. The Lagos State Land Administration Portal also provides online property-search and Certified True Copy services. Before paying for land in Lagos, a prospective buyer should therefore obtain and investigate the relevant documents. What Documents Should You Check Before Buying Land in Lagos? The documents required will depend on the history and nature of the property. There is no single document that proves everything about every property. Depending on the transaction, the documents you should investigate include: Certificate of Occupancy Deed of Assignment Governor’s Consent Survey Plan Gazette Deed of Lease or Sublease Allocation Letter Previous title documents Purchase receipt Probate or Letters of Administration Power of Attorney Court judgments or orders Property search report Evidence relating to government acquisition or excision The significance of each document is different. 1. Certificate of Occupancy A Certificate of Occupancy (C of O) is one of the documents most commonly presented by sellers of land and buildings in Lagos. However, a buyer should not simply see a C of O and conclude that the transaction is automatically safe. The document should be examined to determine: the name of the holder; description of the property; size and location; term of the interest; date of issuance; purpose for which the land is granted; conditions attached to the grant; and whether the information corresponds with the property being sold. The C of O should also be independently investigated where appropriate. Why You Should Not Rely on a C of O Alone A C of O is evidence relevant to the interest stated in it, but it does not eliminate the need to investigate the circumstances of the transaction. You should still investigate: the identity and authority of the seller; subsequent dealings with the property; registered encumbrances; survey information; physical possession; acquisition issues; and other matters affecting the proposed purchase. A seller’s possession of a C of O should therefore be treated as the beginning of the investigation, not the end. 2. Deed of Assignment A Deed of Assignment is an important document where the seller acquired the property from a previous owner through an assignment. It generally records the transfer of the assignor’s interest to the assignee. When reviewing a Deed of Assignment, check: the identity of the assignor; the identity of the assignee; description of the property; consideration; the nature of the interest transferred; execution by the relevant parties; whether the necessary consent was obtained where required; whether the transaction was registered; and whether subsequent transactions affect the interest. The buyer should also investigate the document from which the seller derived title. For example, if the seller acquired the property from Mr A, it is not enough to examine only the deed between Mr A and the seller. The circumstances of Mr A’s own title should also be investigated where necessary. A Deed of Assignment Does Not Automatically Prove Good Title A Deed of Assignment transfers an interest; it does not automatically cure a defective root of title. If the person who purported to assign the property had no transferable interest, the buyer cannot safely assume that a subsequent assignment has resolved the underlying defect. This is why the chain of title must be investigated. 3. Governor’s Consent Governor’s Consent is an important consideration in many land transactions involving alienation of a statutory right of occupancy. Section 22 of the Land Use Act generally requires the consent of the Governor before a holder of a statutory right of occupancy can alienate the right by assignment, mortgage, transfer of possession or sublease, subject to the provisions of the Act. Consequently, where the seller acquired the property through an assignment requiring consent, the buyer should investigate whether the necessary consent was obtained. What Should You Check? Examine: the Governor’s Consent; the transaction to which the consent relates; the parties; property description; date; title reference; registration details; and whether the document corresponds with the transaction being presented to you. Do not assume that the mere presence of a document titled “Governor’s Consent” establishes that the transaction has been properly perfected. 4. Survey Plan A survey plan is particularly important when buying land. It identifies the parcel of land by reference to its location, boundaries, dimensions and other survey information. A survey plan should be examined alongside the title documents and the physical property. What Should You Check on the Survey? Check: survey plan number; name of the surveyor; survey date; coordinates; dimensions; plot number; block number; location; boundaries; and other identifying information. The survey information should also be investigated against the relevant government survey records where appropriate. The Lagos State Office of the Surveyor General provides a certificate-validation facility through which a deposited survey record can be checked using the plan number. A Survey Plan Is Not the Same as Proof of Ownership This distinction is important. A survey describes and identifies land. It does not, by itself, establish that the person named on it has a valid title to the land. The survey should therefore be considered together with the underlying title documents and the history of the property. 5. Gazette A Gazette can be an important document in transactions involving land that has been excised from government acquisition or where the relevant land status is established through a government publication. However, buyers should not simply accept a seller’s statement that land is “gazetted.” The relevant Gazette should be obtained and examined to determine: the land covered; the