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
Governor’s Consent in Nigeria: When Is It Required?
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.
How to Verify a Certificate of Occupancy in Nigeria
A Certificate of Occupancy (C of O) is one of the most important documents encountered in Nigerian land transactions. It is often presented to prospective buyers as evidence that a property is genuine and safe to purchase. However, a Certificate of Occupancy should not be accepted at face value. A document can appear genuine and still require further investigation into the identity of the holder, the property it covers, the root of title, the status of the land and any interests or encumbrances affecting it. Before buying land or property, a buyer should therefore independently verify the Certificate of Occupancy and the title upon which the seller relies. What Is a Certificate of Occupancy? A Certificate of Occupancy is a document evidencing a grant or recognition of a right of occupancy over land under the applicable land administration system. Under the Land Use Act, land in each state is vested in the Governor to be held in trust and administered for the use and common benefit of Nigerians, subject to the provisions of the Act. The Act provides for statutory rights of occupancy and customary rights of occupancy, depending on the circumstances and location of the land. A C of O therefore relates to a right of occupancy. It should not automatically be understood as an absolute and indefeasible guarantee that the person presenting it has an unchallengeable title to the land. Does a Certificate of Occupancy Prove Ownership? Not necessarily. A C of O is important evidence concerning a person’s interest in land, but a buyer should still investigate the history of the title and the circumstances in which the document was issued. The Supreme Court has repeatedly emphasised the importance of examining the root and validity of title in land disputes. The legal effect of a particular C of O also depends on the circumstances surrounding its issuance and the competing interests, if any, affecting the land. This is why a buyer should not make the mistake of saying: “The seller has a C of O, so there is nothing else to check.” The existence of a C of O is a reason to conduct proper verification, not a reason to stop conducting due diligence. Why Should You Verify a Certificate of Occupancy? Verification helps establish whether: The C of O was actually issued by the relevant authority; The document corresponds with the property being sold; The named holder is the person claiming ownership or the right to sell; The property description corresponds with official records; The land is affected by an earlier interest or transaction; There are registered encumbrances affecting the property; The land is affected by government acquisition or other restrictions; The purported title is genuine; and The seller has the legal authority to transfer the interest. A buyer who skips these checks can discover serious problems only after completing the transaction. How to Verify a Certificate of Occupancy in Nigeria The precise procedure depends on the state in which the property is located because land administration is handled through the relevant state authorities. However, the following steps provide a practical framework. 1. Obtain a Clear Copy of the Certificate of Occupancy Start by obtaining a complete and legible copy of the C of O from the seller. Do not rely solely on photographs, screenshots or verbal descriptions. The document should be examined carefully for the information necessary to identify the property and the holder of the interest. Pay particular attention to: Name of the holder; File or registration number; Date of issue; Plot number; Block number where applicable; Location; Size or area; Survey information; Term of the right of occupancy; Conditions attached to the grant; and Other identifying particulars. These details should subsequently be compared against official records. 2. Conduct an Official Search The most important step is to conduct an independent search with the relevant land registry or land administration authority. A search can help determine whether the C of O appears in the official records and whether the information contained in the document corresponds with those records. In Lagos, for example, property-related searches and land administration services are handled through the state’s land administration system. A buyer should use the appropriate official channel rather than relying on a seller’s private verification or an agent’s assurance. 3. Compare the C of O With Official Records The information contained in the document should be compared against the information held by the relevant authority. Check whether: The document number corresponds with official records; The named holder matches the registered interest; The property description matches; The location corresponds; The survey information corresponds; and The dates and other relevant particulars are consistent. Any material inconsistency should be investigated before the transaction proceeds. 4. Verify the Survey Information The survey details on the C of O should correspond with the land being offered for sale. This is particularly important where a seller is showing a buyer a physical parcel of land while relying on a C of O relating to another property. A survey professional can assist in confirming the location and coordinates of the property. Where necessary, the relevant survey records should also be checked with the appropriate government authority. 5. Confirm the Identity of the Holder The name on the C of O should be compared with the person claiming to own the property. If the seller’s name differs from the name on the C of O, the seller should explain the legal basis for the transaction. For example, the seller could be relying on: A Deed of Assignment; A subsequent transfer; A Power of Attorney; Probate or Letters of Administration; A corporate transaction; or Another legally recognised interest. The buyer should verify the entire chain rather than simply accepting the explanation. 6. Investigate the Root of Title A C of O does not eliminate the need to investigate the root of title. Where the property was previously owned or held by another person, the documents establishing the transfer or derivation of the present interest should
How to Avoid Land Fraud in Nigeria
Buying land in Nigeria can be a significant investment, but it can also expose a buyer to serious financial and legal risks if proper precautions are not taken. Land fraud occurs in different forms, including the sale of land by persons who are not the true owners, forged title documents, multiple sales of the same property, impersonation, fraudulent family transactions and the sale of land affected by government acquisition or existing disputes. A buyer who relies solely on documents presented by a seller, an estate agent or a property marketer can lose substantial money before discovering that the transaction is defective. The safest approach is to treat every land purchase as a legal transaction requiring independent verification before payment. What Is Land Fraud in Nigeria? Land fraud generally involves the use of deception, false representations, forged documents, impersonation or other dishonest conduct to sell, transfer, obtain money for, or otherwise deal with land without a valid legal entitlement to do so. The fraud can be committed by an individual seller, an agent, a developer, a family member, a purported attorney or even several people acting together. Common examples include: Selling land belonging to another person. Selling the same parcel of land to multiple buyers. Using forged or altered title documents. Impersonating the true owner. Selling family land without the required authority. Using a fake Power of Attorney to sell property. Selling land that is under government acquisition. Misrepresenting the location or size of a property. Presenting a genuine document relating to a different property. Collecting money for land that does not exist. Using a fake survey plan or manipulating survey information. Concealing an existing court case or dispute over the property. Land fraud is therefore not limited to forged documents. A transaction can involve genuine documents and still be fraudulent if the person selling the property lacks the authority to sell it. Common Land Fraud Schemes Buyers Should Watch Out For 1. Selling Land the Seller Does Not Own One of the most straightforward forms of land fraud occurs when a person presents himself as the owner of land belonging to somebody else. The seller may produce receipts, agreements or other documents to make the transaction appear legitimate. A buyer should not assume that possession of documents establishes ownership. The history of the title and the seller’s authority to deal with the property must be independently investigated. 2. Double or Multiple Sales of the Same Land A fraudulent seller can sell the same parcel of land to more than one person. This is particularly dangerous where the first buyer has not properly documented, registered or taken possession of the property and another buyer subsequently enters the transaction. Before paying for land, the buyer should establish whether there are existing transactions, interests, claims or encumbrances affecting the property. 3. Forged Title Documents Fraudsters can produce apparently convincing copies of documents such as: Certificates of Occupancy; Deeds of Assignment; Survey Plans; Governor’s Consent documents; Allocation documents; Gazette documents; Receipts; and Letters purportedly issued by government authorities. The fact that a document looks official does not establish that it is genuine. Where title documents are relied upon, their authenticity and connection with the particular property should be independently verified. 4. Impersonation of the Property Owner A fraudster can impersonate the registered owner or another person with authority to dispose of the property. This risk is particularly important where the transaction is being conducted through intermediaries. A buyer should establish the identity of the person executing the transaction and confirm that the person has the legal authority to sell. 5. Fraudulent Family Land Transactions Family land requires particular caution. A person who presents himself as the head or representative of a family does not automatically have unlimited authority to sell every piece of family land. The buyer should establish: The history of the family’s title; The identity of the persons entitled to participate in the transaction; The authority under which the sale is being made; Whether the required family consent has been obtained; and Whether there is any dispute concerning the property. A transaction involving family land should therefore not be treated in the same way as a straightforward sale by an individual whose title and authority have been independently established. 6. Fake or Misused Power of Attorney A Power of Attorney authorises another person to act on behalf of the donor. It does not, by itself, establish that the donor owns the property. A buyer dealing with an attorney should therefore verify both: the donor’s title to the property; and the validity and scope of the Power of Attorney. The buyer should also confirm that the authority granted covers the particular transaction being undertaken. 7. Selling Land Under Government Acquisition Another serious risk is purchasing land affected by government acquisition or other government restrictions. A seller can describe a property as “free land” or “government-approved land” without providing the buyer with sufficient evidence. The buyer should independently investigate the property’s planning, survey and acquisition status before completing the purchase. 8. Selling One Property Using Documents Belonging to Another A genuine document can still be misleading if it does not relate to the property being sold. For example, a seller could present a genuine title document relating to one parcel while showing a buyer another parcel on the ground. This is why documentary verification must be connected to the physical location, survey description, boundaries and other identifying features of the property. Red Flags That Should Make a Buyer Stop and Investigate Certain circumstances should immediately trigger additional due diligence. The seller is pressuring you to pay immediately Statements such as “another buyer is coming today” or “you have to pay before the price increases tomorrow” should not cause a buyer to abandon legal due diligence. A legitimate transaction should withstand reasonable verification. The price is suspiciously low A price substantially below comparable properties does not automatically mean the property is fraudulent. However, an unusually low price should prompt questions about the property’s title,
How to Conduct Property Due Diligence Before Buying Property in Lagos
Buying property in Lagos is a major financial decision. Whether you are purchasing land, a house, an apartment, or commercial property, the fact that a seller possesses documents relating to the property does not, by itself, mean that the seller has a valid and transferable title. A property may be subject to government acquisition, an existing mortgage, litigation, family claims, competing interests, restrictions on transfer, or other legal issues that may not be apparent from the property itself. This is why property due diligence in Nigeria should be undertaken before paying the purchase price or committing substantial funds to a transaction. Proper due diligence helps a prospective buyer establish who owns the property, the nature of the seller’s interest, whether the title is genuine and transferable, whether the property is affected by government acquisition or other encumbrances, and whether there are legal or practical obstacles to completing the transaction. What Is Property Due Diligence? Property due diligence is the process of investigating the ownership, title, history, legal status and other relevant circumstances surrounding a property before purchasing it. The purpose is not merely to determine whether the seller has a document. It is to establish whether the seller has good and marketable title and whether the buyer can safely acquire the interest being offered. Depending on the property, due diligence may involve: examining title documents; conducting searches at relevant government registries; investigating previous transfers of the property; confirming the identity and capacity of the seller; checking for mortgages, charges and other encumbrances; investigating pending or threatened litigation; determining whether the property is affected by government acquisition; inspecting the physical property; confirming that the property being sold corresponds with the documents; and reviewing the proposed contract and transaction documents. Why Is Property Due Diligence Important in Lagos? Lagos has a highly active property market, but property transactions can involve complicated chains of title and competing interests. A buyer may encounter situations where: the person presenting the property is not the true owner; a property has been sold to more than one person; a family member purports to sell family property without the necessary authority; a property is subject to a mortgage or other encumbrance; the property is affected by government acquisition; the seller’s title is defective; the property is already the subject of litigation; the dimensions or location of the property do not correspond with the documents; the seller lacks authority to sell; or the transaction documents contain terms that expose the buyer to unnecessary risk. These problems can be extremely expensive to resolve after completion. The safest time to discover a title problem is before you buy the property. 1. Identify the Seller and Confirm Their Capacity to Sell The first question should be: Who exactly is selling this property, and what gives that person the authority to sell it? If the property belongs to an individual, the buyer should verify the seller’s identity and examine the documents establishing the seller’s interest. If the property is owned by a company, the company’s ownership and authority to dispose of the property should be investigated. If the property belongs to a deceased person’s estate, the buyer should determine who has the legal authority to deal with the property. Family property requires particular caution. A person who claims to be the family head or a family representative may not necessarily have unlimited authority to dispose of family land. The buyer should therefore investigate the ownership structure rather than relying solely on the seller’s representation. 2. Examine the Root of Title A critical part of property due diligence is identifying the root of title. The root of title is the document or transaction from which the seller’s interest can be traced. Depending on the circumstances, relevant documents may include: a Deed of Assignment; Certificate of Occupancy; Governor’s Consent; Deed of Conveyance; grant or allocation documents; court judgment; vesting assent; probate or letters of administration; customary documents; or other documents establishing the history of the property. A buyer should not simply look at the latest document. The history of the title may reveal defects or competing interests. For example, if A transferred the property to B and B is now selling to C, it may be necessary to investigate how A acquired the property in the first place. A defective root of title can affect subsequent transactions. 3. Conduct an Official Search One of the most important stages of property due diligence is conducting an appropriate search at the relevant land registry. For property in Lagos, a legal practitioner can conduct the necessary searches and examine the records available from the relevant authorities. The purpose of the search is to establish matters such as: whether the title exists in the relevant records; the registered owner or holder of the interest; the nature of the interest; whether the property has been transferred; whether there are registered encumbrances; whether there is a mortgage or charge; whether there are restrictions affecting the property; and other matters disclosed by the registry records. A search should be carried out before substantial payment is made, rather than after the transaction has already been completed. 4. Investigate Government Acquisition A property may appear perfectly normal on physical inspection and still be affected by government acquisition. This is particularly important in Lagos, where land may be affected by various government schemes, infrastructure projects, committed acquisitions or other planning considerations. A buyer should therefore investigate whether the property falls within an area affected by government acquisition or other restrictions. This is one reason why merely asking the seller for a Certificate of Occupancy is insufficient. The legal status of the particular property must be independently investigated. 5. Compare the Documents With the Physical Property Legal due diligence should not be conducted entirely from a desk. The property should also be physically inspected. The buyer should compare the description contained in the title documents with the actual property. Among other things, the investigation should consider: location; boundaries; dimensions; access; adjoining properties; existing structures; occupation;