The relevant legislation is Section 22 of the Land Use Act, 1978 which states that “it shall not be lawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, sublease etc without the prior consent of the Governor”.

In other words, obtaining the consent of the Governor of Lagos State to land transactions is the means of perfecting title.

The following documents are required for the purpose of obtaining Governor’s consent:

1. A duly completed application made on Land Form 1c. The form must be dated and signed by the parties to the transaction and sworn to before a Magistrate or Notary Public.
2. A covering letter from the Solicitor/Applicant filing the application for Governor’s consent.
3. A Certified True Copy of the Title document of the property.
4. The sum of N10,500.00 made payable to the Lagos State Government representing charting fee, Endorsement fee and Form 1c.
5. Four copies of the Deed of Assignment with survey plans attached in each copy.
6. Photograph of the property.

There after, the document are sent to the Surveyor General’s office for charting. If there are no defects in the survey plan, a clean report is sent to the Lands Bureau and a demand notice is issued to the applicant for the following fees:

• Consent fee-8% of assessed value of the property
• Capital gains tax-2% of assessed value of the property
• Stamp Duty fee-2% of assessed value of the property
• Registration fee -3% of assessed value of the property
• Current tax clearance certificates of the parties to the property transaction. If you have none, an assessment is raised immediately for you.
(Note all these fees are paid vide bank draft in favour of Lagos State Government and receipts are given for these payments).

In all this process takes at least three months to conclude if you pay your assessed fees on time and there are no queries in your file. Please note that if you have defective title to the property, the consent process does not cure any defect in title. Applicants are strongly advised to engage a Solicitor to make prior enquiries/legal search before any property is purchased by them.

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