LAND DOCUMENTATION AND ITS MEANING

There are certain documents that are relevant to land and property acquisition, these documents have legal implication as it can make or mar property sale or acquisition.

Land Use Decree on the March 28th, 1978 that vested all lands in every state of the federation under the control of the State Governors. The Land Use Act coupled with other laws made it possible for the Governors who now become the custodian of all lands in the state to actually have the power to acquire more land compulsorily for its own public purpose to provide amenities for the greater good of the citizens.

Fortunately, government recognises 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.

These documents are listed in subsequent paragraphs:

EXCISION

An Excision means basically taking a part from a whole and that part that has been excised, will be excised, recorded and documented in the official government gazette of the state. In other words, not having an Excision means the land could be seized by government anytime without compensating you even if you bought it “Legitimately” from the Baale or the original dwellers of the land.

DEED OF ASSIGNMENT

A Deed of Assignment is an agreement between the seller of a land or property and a buyer of same showing evidence that the seller has transferred all his/her right, title, interest and ownership of the land to the buyer that just bought the land.

The Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered gazette.

GAZETTE

A gazette is an official record book where all special government details are spelt out, detailed and recorded. It 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 that the traditional family is entitled to sell its lands to the public and not anything outside those hectares of land given or excised to them.

If the government based on some reasons best known to them decides to revoke or acquire your land, you will be entitled to compensation as long as it is within Excised land 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 site and take it to the surveyor general’s office to do a land information for confirmation whether it falls within the Gazette and spell out which particular location it can be found.

CERTIFICATE OF OCCUPANCY

A Certificate of Occupancy (C of O) issued by the Lagos state Government officially leases Lagos land to you, the applicant, for ninety nine (99 years). As indicated above that all lands belong to the Government.

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