Governor’s Consent is one of the most important concepts in Nigerian land transactions. Buyers, sellers, developers and property investors frequently encounter the requirement when land or property is being transferred. A common mistake, however, is to assume that Governor’s Consent is required for every transaction involving land or that every property without a Governor’s Consent is automatically worthless. The legal position is more specific. Under the Land Use Act, the requirement principally arises in connection with the alienation of a statutory right of occupancy. Understanding when consent is required, what transactions trigger it and the consequences of failing to obtain it is essential before buying, selling, mortgaging or transferring property in Nigeria. What Is Governor’s Consent? Governor’s Consent is the consent of the Governor required under the Land Use Act for certain dealings with a statutory right of occupancy. Section 22(1) of the Land Use Act provides that the holder of a statutory right of occupancy granted by the Governor cannot alienate the right, or any part of it, by assignment, mortgage, transfer of possession, sublease or otherwise without first obtaining the Governor’s consent, subject to the exceptions contained in the Act. The requirement is therefore connected to the alienation of a statutory right of occupancy. It is not simply another document that every landowner must obtain before owning or possessing land. When Is Governor’s Consent Required? Governor’s Consent is generally required where the holder of a statutory right of occupancy seeks to alienate the right or an interest in it. This includes several important transactions. 1. Assignment of a Statutory Right of Occupancy An assignment involves the transfer of the holder’s interest in land to another person. For example, where A holds a statutory right of occupancy and agrees to transfer his interest in the property to B, the transaction will generally require the Governor’s consent under section 22 of the Land Use Act. This is one of the most common circumstances in which buyers encounter Governor’s Consent. 2. Mortgage of a Statutory Right of Occupancy Governor’s Consent is also relevant where a statutory right of occupancy is mortgaged. A property owner who wishes to use the property as security for a loan should therefore consider the applicable consent requirements before creating the mortgage. The Land Use Act contains a specific exception concerning the creation of a legal mortgage in favour of a person where an equitable mortgage over the right of occupancy has already been created with the Governor’s consent. 3. Sublease The grant of a sublease over land covered by a statutory right of occupancy can also require Governor’s Consent. Section 22 expressly includes sublease among the transactions requiring consent, while section 23 deals specifically with sub-underleases. 4. Transfer of Possession The requirement is not limited to documents labelled “Deed of Assignment.” Section 22 refers expressly to the transfer of possession and to alienation “otherwise howsoever.” The substance of the transaction therefore matters. A party should not assume that simply changing the name or form of the transaction eliminates the statutory requirement. When Is Governor’s Consent Not Automatically Required? Not every dealing with land falls under section 22. The requirement should be examined in light of the nature of the interest and the transaction. Customary Rights of Occupancy Customary rights of occupancy are dealt with separately under section 21 of the Land Use Act. Section 21 provides that a customary right of occupancy cannot generally be alienated by assignment, mortgage, transfer of possession, sublease or otherwise without the requisite consent or approval. For transactions other than the specified court-sale situation, the approval of the appropriate local government is required. Accordingly, it is incorrect to treat every land transaction in Nigeria as if section 22 automatically applies. The nature of the right of occupancy must first be established. Does Every Deed of Assignment Require Governor’s Consent? A Deed of Assignment involving the alienation of a statutory right of occupancy will generally require the relevant consent. However, the fact that a document is called a “Deed of Assignment” does not by itself answer every question about the transaction. A lawyer should establish: The nature of the interest being transferred; The root of title; Whether the interest is statutory or customary; Whether the transaction constitutes an alienation; Whether a statutory exception applies; The applicable state land administration requirements; and The steps required to perfect the transaction. This is particularly important because land transactions can involve different interests and stages of title. What Is the Difference Between a C of O and Governor’s Consent? A Certificate of Occupancy and Governor’s Consent serve different purposes. A Certificate of Occupancy is generally evidence of a grant or recognition of a right of occupancy. Governor’s Consent, on the other hand, concerns the required consent to a subsequent alienation of a statutory right of occupancy. For example, a person may hold a Certificate of Occupancy and subsequently sell or assign the property to another person. The subsequent assignment can trigger the requirement for Governor’s Consent. Therefore, a buyer should not assume that seeing the seller’s C of O means that the buyer’s acquisition is automatically perfected. Why Is Governor’s Consent Important to a Buyer? Suppose a seller shows a buyer a valid C of O. The buyer pays the purchase price and receives a Deed of Assignment. That does not necessarily mean that all statutory requirements relating to the transfer have been completed. Where the transaction requires Governor’s Consent, the consent forms an important part of the process of perfecting the buyer’s interest. This is why property buyers should consider not merely whether the seller has title, but also how the buyer’s own interest will be legally transferred and perfected. What Happens If Governor’s Consent Is Required but Not Obtained? Where Governor’s Consent is required under section 22 of the Land Use Act and the parties proceed to alienate a statutory right of occupancy without first obtaining the required consent, the transaction is null and void by virtue of section 26 of the Act.
Can a Landlord Increase Rent Arbitrarily in Nigeria? Know Your Rights
Imagine paying ₦800,000 annual rent for a property and receiving a notice that your rent will increase to ₦1.5 million when your tenancy is renewed. Can your landlord simply increase the rent by whatever amount he wants? The answer depends on the terms of the tenancy, the applicable law and the circumstances surrounding the proposed increase. For tenants in Lagos, the question is particularly important because the Lagos State Tenancy Law 2011 contains provisions dealing with unreasonable rent increases. At the same time, the Lagos State House of Assembly introduced the Lagos State Tenancy and Recovery of Premises Bill 2025, which proposes significant changes to the existing framework. The Bill is not yet the law and should not be confused with the existing 2011 legislation. Can a Landlord Increase Rent? A landlord is entitled to review the rent payable for a property, particularly when an existing tenancy expires and the parties are negotiating a new tenancy. However, the landlord’s right to increase rent is not an unrestricted right to impose any amount at any time. The first document to examine is the tenancy agreement. If the agreement contains a rent-review or escalation clause, that provision is relevant in determining the parties’ rights. Where there is no such provision, the circumstances surrounding the proposed increase and the applicable law must be considered. Can a Landlord Increase Rent During an Existing Tenancy? The position is different where the tenant is still within a fixed tenancy period. A landlord cannot simply disregard the terms of a subsisting tenancy agreement and impose a new rent in the middle of the agreed term. For example, if a tenant has paid ₦1 million for a one-year tenancy running from January to December, the landlord cannot ordinarily demand an additional ₦500,000 in July merely because rental values in the area have increased. The contractual terms governing the tenancy remain binding. What Happens When the Tenancy Expires? When the agreed tenancy period expires, the parties are dealing with the renewal or continuation of the tenancy. A landlord who wishes to continue the tenancy at a higher rent can propose new terms for the new tenancy. The tenant can then accept the proposed rent, negotiate or decide not to continue the tenancy. However, the landlord must still comply with the applicable law when seeking possession where the tenant does not agree to the new terms. A landlord cannot use force or self-help simply because a tenant refuses to accept a proposed increase. What Is an Unreasonable Rent Increase? An increase can become legally challengeable where the applicable law treats it as unreasonable. The fact that a landlord has increased rent does not, by itself, establish that the increase is unlawful. The size of the increase must be considered alongside the relevant circumstances. For example, an increase from ₦1 million to ₦1.2 million is a 20% increase, while an increase from ₦1 million to ₦3 million is a 200% increase. The percentage alone does not determine whether the increase is legally unreasonable. Factors relating to the property and prevailing rents in the locality are relevant. What Does the Lagos Tenancy Law 2011 Say About Unreasonable Rent Increases? Section 37 of the Lagos State Tenancy Law 2011 specifically addresses unreasonable increases in rent. Subject to any agreement to the contrary, an existing tenant can apply to the court for an order declaring an increase in rent unreasonable. In determining whether the increase is unreasonable, the court considers matters including: The general level of rents in the locality. The level of rents in similar localities. Evidence from the parties. Special circumstances relating to the premises. Other relevant matters. Where the court is satisfied that the increase is unreasonable, it can order that the increase be changed to a specific amount. This statutory protection is important, but it should not be presented as though it applies identically to every property and tenancy in Lagos. The scope and application of the 2011 Law must be considered in relation to the particular premises. Has the Lagos Tenancy Law Been Amended in 2025? This requires clarification because there has been considerable confusion about it. In May 2025, the Lagos State Government expressly disowned an online publication claiming that the Lagos Tenancy Law had been updated or amended. The Government described that publication as false. What actually happened later in 2025 was the introduction of the Lagos State Tenancy and Recovery of Premises Bill 2025 before the Lagos State House of Assembly. The Bill seeks to repeal and replace the existing 2011 framework and proposes changes concerning matters including rent, advance payments, agency fees and recovery of premises. However, a Bill is not the same thing as an enacted law. Therefore, landlords and tenants should distinguish between: The Lagos State Tenancy Law 2011 — the existing law; and The Lagos State Tenancy and Recovery of Premises Bill 2025 — proposed legislation that seeks to change the existing framework. As at the date of this article, the Bill has not replaced the 2011 Law. What Changes Does the 2025 Bill Propose? The proposed Bill contains significant reforms to the existing tenancy framework. Among other things, it proposes rules concerning: Advance rent. Agency and professional fees. Recovery of premises. Landlord and tenant obligations. Dispute resolution. The scope of application of the tenancy legislation. The Bill also proposes broader application across Lagos State, addressing some of the geographical exclusions associated with the existing 2011 Law. These proposals are important for landlords, tenants, estate agents and property investors to understand. However, they should not be presented as current law until the legislative process is completed and the legislation comes into force. Can a Tenant Challenge an Excessive Rent Increase? Where section 37 of the Lagos State Tenancy Law 2011 applies, an existing tenant can apply to court for an order declaring an unreasonable increase unreasonable. The tenant should support the application with evidence. Relevant evidence can include: Rental agreements for comparable properties. Evidence of rent paid for similar properties. Current
How to Verify Land Title Before Buying Property in Nigeria
Buying land or property is a significant financial investment, and one that should never be made without proper legal due diligence. Every year, many unsuspecting buyers lose money because they rely solely on the seller’s assurances without verifying the property’s legal status. Fraudulent sales, defective titles, government acquisition, and ownership disputes are common risks that can be avoided through proper investigation. Understanding how to verify land title before buying property is essential for anyone seeking to invest in real estate. A careful verification process helps confirm ownership, identify potential legal issues, and protect your investment. This article outlines the key steps involved in verifying land title before purchasing property in Nigeria. 1. Confirm the Identity of the Seller The first step is to establish that the person offering the property for sale has the legal authority to do so. Where the seller is an individual, request valid identification and documents showing ownership of the property. Where the seller is acting on behalf of another person, verify the legal authority under which the sale is being conducted, such as a valid Power of Attorney. If the property belongs to a company, confirm that the company has authorised the transaction through the appropriate corporate processes. 2. Examine the Title Documents Carefully inspect all documents relating to the property. Common title documents include: Certificate of Occupancy (C of O) Deed of Assignment Deed of Conveyance Registered Survey Plan Governor’s Consent Court Judgment (where applicable) Letters of Administration or Grant of Probate where the owner is deceased Possession of title documents alone does not guarantee valid ownership, but they provide the foundation for further legal verification. 3. Conduct a Search at the Land Registry One of the most important steps in how to verify land title before buying property is conducting an official search at the relevant State Land Registry. A land registry search helps determine: Whether the title is genuine. Whether the seller is the registered owner. Whether the property has been registered. Whether there are mortgages, charges, or other encumbrances. Whether there are restrictions affecting the property. This search can reveal issues that may not be apparent from the documents presented by the seller. 4. Verify the Survey Plan A registered survey plan helps identify the exact location and boundaries of the property. The survey should be verified to determine: Whether it corresponds with the land being sold. Whether the boundaries are accurate. Whether it overlaps with neighbouring properties. Whether it falls within government-acquired land or restricted areas. Survey verification is an important safeguard against purchasing land that may later become the subject of disputes. 5. Confirm That the Land Is Not Under Government Acquisition Some land cannot lawfully be transferred because it has been acquired or reserved by the government for public purposes. Before purchasing property, make enquiries through the relevant government authorities to determine whether the land: Is under government acquisition. Forms part of a committed acquisition. Is affected by road expansion or public development projects. Is subject to planning restrictions. Purchasing land under acquisition may expose the buyer to substantial financial loss. 6. Investigate Whether the Property Is Subject to Litigation It is advisable to determine whether the property is involved in any ongoing legal dispute. A property that is the subject of litigation may expose the purchaser to prolonged court proceedings and uncertainty regarding ownership. Where appropriate, enquiries should be made from the seller, neighbouring property owners, and other relevant sources. 7. Inspect the Property Physically A physical inspection is just as important as reviewing legal documents. During the inspection: Confirm that the property matches the description in the documents. Verify the boundaries. Identify any occupants. Observe any signs of disputes or competing claims. Speak with neighbours or community representatives where appropriate. Physical inspection often reveals practical issues that documents alone cannot disclose. 8. Engage a Property Lawyer The safest way to verify land title is to engage an experienced property lawyer to conduct comprehensive legal due diligence. A lawyer can: Examine title documents. Conduct land registry searches. Review survey plans. Identify legal defects. Prepare and review transaction documents. Advise on Governor’s Consent and title perfection. Ensure compliance with applicable laws. Professional legal guidance significantly reduces the risk of purchasing defective property. Common Red Flags to Watch Out For When purchasing land or property, exercise caution if: The seller refuses to provide title documents. The purchase price is significantly below market value without explanation. Different people claim ownership of the same property. The seller insists on immediate payment without documentation. The survey plan does not correspond with the property. There are visible signs of disputes or conflicting possession. These warning signs should never be ignored. How Lexforte Attorneys Can Help At Lexforte Attorneys, we provide comprehensive legal services for individuals, businesses, and investors involved in property transactions. Our services include: Property due diligence. Land title verification. Property documentation. Governor’s Consent applications. Title perfection. Property acquisition and disposal. Land dispute resolution. We work diligently to ensure that every property transaction is legally secure and that our clients invest with confidence. Conclusion Knowing how to verify land title before buying property is one of the most important steps in protecting your investment. Proper due diligence can help identify fraudulent transactions, defective titles, government acquisition, and other legal issues before money changes hands. Purchasing property without verification may expose a buyer to unnecessary financial loss and prolonged litigation. By engaging experienced legal professionals and conducting thorough investigations, buyers can make informed decisions and secure valid title to their property. Planning to buy land or property? Contact Lexforte Attorneys for professional land title verification, due diligence, and property documentation services before you invest.
Understanding Governor’s Consent: Why It Matters in Property Transactions in Nigeria
Land ownership is one of the most valuable investments an individual or business can make. However, acquiring property in Nigeria involves more than paying the purchase price and signing a Deed of Assignment. Many property owners overlook an important legal requirement known as Governor’s Consent, only to encounter difficulties when attempting to register their title, sell the property, or use it as collateral for a loan. Understanding Governor’s Consent is essential for anyone buying, selling, or transferring an interest in land. Failure to obtain it where required may affect the legal validity and enforceability of a land transaction. This article explains what Governor’s Consent is, why it is important, when it is required, and how it protects property owners. What Is Governor’s Consent? Governor’s Consent is the approval granted by the Governor of a State to validate the transfer, assignment, mortgage, lease, or other disposition of a statutory right of occupancy over land. The requirement stems from the Land Use Act, which vests all land in each state in the Governor to be held in trust for the use and common benefit of the people. As a result, where a holder of a statutory right of occupancy intends to transfer an interest in land to another person, the Governor’s prior consent is generally required. In simple terms, Understanding Governor’s Consent means recognising that many land transactions are not legally complete until the necessary statutory approval has been obtained. Why Is Governor’s Consent Important? Obtaining Governor’s Consent serves several important legal purposes. It: Confirms that the transfer complies with applicable land laws. Enables the registration of title documents. Strengthens the purchaser’s legal ownership. Reduces the risk of future disputes over ownership. Enhances the value and marketability of the property. Makes it easier to use the property as security for credit facilities. Provides greater certainty in future property transactions. Without proper title perfection, a purchaser may face unnecessary legal and commercial challenges. When Is Governor’s Consent Required? Governor’s Consent is commonly required where there is a transfer or disposition of an interest in land covered by a statutory right of occupancy. Examples include: Sale of land. Assignment of property. Long-term leases. Mortgages. Gifts of land. Transfer of ownership between parties. Whether Governor’s Consent is required in a particular transaction depends on the nature of the title and the applicable legal framework. Professional legal advice should always be sought before concluding any property transaction. What Documents Are Commonly Required? Although requirements may vary from one state to another, applications for Governor’s Consent often require documents such as: Duly completed application forms. Deed of Assignment or other relevant title document. Survey Plan. Evidence of the grant or existing title. Tax clearance or other statutory documents where applicable. Evidence of payment of prescribed fees. Submitting complete and accurate documentation helps minimise delays during processing. What Happens If Governor’s Consent Is Not Obtained? Failure to obtain Governor’s Consent where required can create significant legal and practical challenges. Possible consequences include: Difficulty registering title documents. Challenges in proving ownership. Inability to use the property as collateral for financing. Delays in future sales or transfers. Increased risk of disputes relating to ownership. Possible legal complications arising from non-compliance with statutory requirements. For these reasons, Understanding Governor’s Consent is essential for every property purchaser and investor. The Role of a Property Lawyer The process of obtaining Governor’s Consent involves legal documentation, regulatory compliance, and interaction with relevant government agencies. An experienced property lawyer can: Review title documents. Conduct property due diligence. Prepare and review transaction documents. Advise on legal requirements. Coordinate the title perfection process. Liaise with the appropriate land registry and government authorities. Help resolve issues that may arise during the application process. Professional legal guidance reduces errors and ensures that the transaction complies with applicable laws. How Lexforte Attorneys Can Help At Lexforte Attorneys, we provide comprehensive legal services relating to land and property transactions. Our services include: Property due diligence and title verification. Land and property documentation. Applications for Governor’s Consent. Title perfection and registration. Property acquisition and disposal. Real estate advisory. Property dispute resolution. We work closely with individuals, businesses, developers, and investors to ensure that every property transaction is legally secure, properly documented, and completed efficiently. Conclusion Understanding Governor’s Consent is fundamental to protecting your investment in land and ensuring that your ownership is legally recognised. While the process may appear technical, obtaining the necessary statutory approval can save property owners from costly disputes and future complications. Whether you are purchasing your first plot of land, acquiring commercial property, or transferring an existing interest, obtaining the right legal advice is essential. At Lexforte Attorneys, we are committed to guiding our clients through every stage of the property transaction process, ensuring that their interests are protected and their titles are properly perfected. Need assistance with Governor’s Consent or title perfection? Contact Lexforte Attorneys today for professional legal advice and seamless property documentation services.