Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / NewStats: 3,194,844 members, 7,956,170 topics. Date: Monday, 23 September 2024 at 06:44 AM |
Nairaland Forum / Nairaland / General / Properties / How To Obtain Governor’s Consent (in A Nutshell) (9928 Views)
Amity Estate Developed, Buy And Build Immediately Governor's Consent #dream Home / How To Obtain Certificate Of Occupancy In Oyo State / Help On How To Obtain Land C Of O Yourself. (2) (3) (4)
How To Obtain Governor’s Consent (in A Nutshell) by samueladegbola(m): 5:03pm On Aug 08, 2016 |
HOW TO OBTAIN GOVERNOR’S CONSENT (IN A NUTSHELL) STATUTORY PROVISIONS ON CONSENT The Land Use Act of 1978 puts all land in a State; town and rural area under the control of the Governor and Local Government Chairman, respectively, in trust for the people of the state. Consequent upon this, section 22 of the Act then 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”. Simply put, even though a property has Certificate of Occupancy which makes the beneficiary the legal interest holder on the land for 99 years or the residue, if he decides to resell, mortgage or do anything with the property, since the land is held in trust by the state government, the Governor needs to approve the transaction. In other words, the first person on a land is the only person or group of persons entitled to obtain a Certificate of Occupancy. Every subsequent buyer of that land must get a Governor’s consent. There can only be one Owner of the Certificate of Occupancy on that land and it will not be replicated for another person once the land has been sold or transferred to another person. PROCESS/WORKFLOW AT THE LANDS BUREAU, LAGOS The process that accompanies the issuance of Governor’s consent in Lagos State is usually carried out at the Lands Bureau. The following documents are required for the purpose of obtaining Governor’s consent: Dated letter of application with addresses and phone numbers; duly completed form 1c. The form must be dated and signed by the parties to the transaction and sworn to before a Magistrate or Notary Public; Certified true copy of grantors title document; Grantors’ tax clearance certificate /developmental levy receipt and; Grantees’ tax clearance certificate/developmental levy receipt. Others are: Four copies of duly executed sublease, deed of assignment (with survey plans attached in each copy), mortgages or power of attorney; Chartable survey plans; Evidence of payment of charting, endorsement, and form 1c; Evidence of payment of ground rent/land use charge; Letter of confirmation of payment of capital contribution from NTDA in respect of Lekki peninsula schemes 1 and 2, Abijo GRA, Isheri North and other affected government schemes and; Building plan or photograph of the property. ASSESSMENT, TAX AND OTHERS After submitting the first set of deed of assignment and survey plan, internal scrutiny of the documents submitted is carried out. Thereafter, the documents 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 percent of assessed value of the property; Capital gains tax – 2 percent of assessed value of the property; Stamp Duty fee – 2 percent of assessed value of the property; Registration fee – 3 percent of assessed value of the property and; Current tax clearance certificates of the parties to the property transaction. If you have none, an assessment is raised immediately for you. Finally, your application (document) is sent to any of the designated commissioners that are specifically designated for that purpose to append their signature. When this has been done, it is sent back to the applicant to do stamp duty and final registration. Your deed of assignment then becomes Governor’s Consent; it is now a registered title. It’s the registered title that is called deed. [url][/url]lawjurists..com.ng (to read more) For further advise/brief up: 07032511885 080235350003 adeolalaw@ymail.com[b][/b] 4 Likes 2 Shares |
Re: How To Obtain Governor’s Consent (in A Nutshell) by veekid(m): 6:42am On Aug 09, 2016 |
Re: How To Obtain Governor’s Consent (in A Nutshell) by Onyijeff(m): 6:42am On Aug 09, 2016 |
Land use act the most wicked act ever passed into law in Nigeria 7 Likes 1 Share |
Re: How To Obtain Governor’s Consent (in A Nutshell) by Isryl02(m): 6:43am On Aug 09, 2016 |
Forward this to the omoniles in lagos 3 Likes |
Re: How To Obtain Governor’s Consent (in A Nutshell) by femimike1(m): 6:43am On Aug 09, 2016 |
|
Re: How To Obtain Governor’s Consent (in A Nutshell) by freakyhat: 6:43am On Aug 09, 2016 |
Nice info |
Re: How To Obtain Governor’s Consent (in A Nutshell) by edlion57(m): 6:44am On Aug 09, 2016 |
Plz how do we obtain President consent.. 1 Like |
Re: How To Obtain Governor’s Consent (in A Nutshell) by Gido2sun(m): 6:44am On Aug 09, 2016 |
$ |
Re: How To Obtain Governor’s Consent (in A Nutshell) by simplekalu88(m): 6:44am On Aug 09, 2016 |
ok. we dn hear |
Re: How To Obtain Governor’s Consent (in A Nutshell) by elmisti(m): 6:45am On Aug 09, 2016 |
ok |
Re: How To Obtain Governor’s Consent (in A Nutshell) by VocalWalls: 6:46am On Aug 09, 2016 |
Nawa oh. |
Re: How To Obtain Governor’s Consent (in A Nutshell) by Batlan01: 6:48am On Aug 09, 2016 |
|
Re: How To Obtain Governor’s Consent (in A Nutshell) by Abukc(m): 6:48am On Aug 09, 2016 |
I need C OF O only if na like 50k |
Re: How To Obtain Governor’s Consent (in A Nutshell) by jossy26: 6:49am On Aug 09, 2016 |
samueladegbola: @op, can you explain double consent? Is it legal? In a case whereby a second buyer of a land that has a c of o wants to do his consent but the first buyer didn't perfect his title cos he has intention of selling. |
Re: How To Obtain Governor’s Consent (in A Nutshell) by Acidosis(m): 6:56am On Aug 09, 2016 |
Too many wahala in this country. Why not make these stuffs and processes available, smooth, and ready ONLINE? The f00lish governments of Nigeria will come tomorrow to say Nigeria is broke, yet they can't generate money without taking people through unnecessary and tedious bureaucracy/red-tapes. Only on one plot of land, one will require over 30 certificates and receipts just to build. Lol. So why won't people build illegally, whilst the country maintains its Ever BROKE status as an underdeveloped third-war country with a zero reputation on "doing business"? 5 Likes |
Re: How To Obtain Governor’s Consent (in A Nutshell) by iamauxin(m): 6:56am On Aug 09, 2016 |
Op just showed us how to obtain the Governor's consent in Lagos state... what about other states? Can you please edit the Topic so people will know at a glance. Obasanjo used the Land Use Act to acquire a lot of landed properties in Nigeria. |
Re: How To Obtain Governor’s Consent (in A Nutshell) by pretty16(f): 6:56am On Aug 09, 2016 |
edlion57: |
Re: How To Obtain Governor’s Consent (in A Nutshell) by Badgers14: 7:02am On Aug 09, 2016 |
Lemme me hear what omoniles have to say about this first
|
Re: How To Obtain Governor’s Consent (in A Nutshell) by Nobody: 7:03am On Aug 09, 2016 |
kk 1 Like
|
Re: How To Obtain Governor’s Consent (in A Nutshell) by bellville: 7:06am On Aug 09, 2016 |
jossy26:That will be cumbersome and will cost you a lot of money. In that case, the first buyer has no legal title to pass to you only equitable title. What to do: 1. Have a receipt and some sort of documentation showing that the first buyer sold to you. With this he's passing equitable title to you. 2. Let him introduce you to the person with legal title who sold to him. You then execute a deed of assignment directly with that person. Once that is done, obtain governor's consent immediately without delay. These are some of the things your lawyer will tidy up before you pay for the land. It's called due diligence. 1 Like |
Re: How To Obtain Governor’s Consent (in A Nutshell) by younglawya(m): 7:09am On Aug 09, 2016 |
. |
Re: How To Obtain Governor’s Consent (in A Nutshell) by igbanbajo(m): 7:12am On Aug 09, 2016 |
samueladegbola: |
Re: How To Obtain Governor’s Consent (in A Nutshell) by Spells(m): 7:21am On Aug 09, 2016 |
Am only interested in the presidents consent for now... 1 Like
|
Re: How To Obtain Governor’s Consent (in A Nutshell) by younglawya(m): 7:22am On Aug 09, 2016 |
bellville:. Respctfully I beg to differ with what u said. When a buyer acquires an equitable title the ideal thing is to ensure that the previous purchaser completes the perfection. Ordinarily, If the subsequent buyer goes back to the seller's or omonile they will charge him heavily. If there is also a contesting purchaser the 2nd buyer will be ranked lower and might loose his investment. The summary is that it's always better to but property with legal title. . Barrister Mark [/b]can be reached on [b]07037836881 or 2bc42c35 for further clarification |
Re: How To Obtain Governor’s Consent (in A Nutshell) by 4ward(m): 7:52am On Aug 09, 2016 |
Thats true sha |
Re: How To Obtain Governor’s Consent (in A Nutshell) by BE811APP: 8:01am On Aug 09, 2016 |
ok na |
Re: How To Obtain Governor’s Consent (in A Nutshell) by Yomboy4ever(m): 8:57am On Aug 09, 2016 |
I have been on dis for 2 years now it is becoming frustrating already... |
Re: How To Obtain Governor’s Consent (in A Nutshell) by kelly72: 9:06am On Aug 09, 2016 |
The process of buying real estate (bare land, building etc) of real estate can throw up a number of challenges which if not properly understood, analysed and resolved, can lead to a huge loss on the side of the purchaser. There are instances as well where the same property has been sold by one owner to the other until the buyer. However, the root of title is the C of O from the original owner and none of the five subsequent buyers ever perfected their titles to the property. Now, what if you are interested to buy that property and the present owner does not know the original owner who got the C of O? This means you will have to pay consent fees 5 times if you buy the property. What if your lawyer is unable to find out this fact? Well, this is just one of the numerous complex scenarios a property buyer could encounter. As a layman you can never know or understand the implication of any of these let alone find a solution on your own. You have to depend on the judgment of a good solicitor not to endanger your hard earned money. It is tricky, but a good solicitor who is not greedy should be able either to straighten the previous transactions in order to make your own purchase doable or advise you to walk away if he cannot fathom a way out. Title is very important, possession is nothing if legal title is absent. No matter how complicated the title looks, luckily there are solicitors with enough on-field experience to complete your purchase for you safely. If in need of one call Barrister Emmanuel on 08033728451 or 08098570481. |
Re: How To Obtain Governor’s Consent (in A Nutshell) by PearlStreet(m): 9:08am On Aug 09, 2016 |
A plot of land is available for sale at Gbagada, Lagos. It is located in a fully built-up environment with tarred road. Suitable for a block of residential flats or terrace duplexes. Size: 763 Sqm Title: Lagos State Certificate of Occupancy Location: Off Ayodele Okeowo Street, Gbagada, Lagos. Price: 17M Contact: or |
Re: How To Obtain Governor’s Consent (in A Nutshell) by MrMcJay(m): 9:19am On Aug 09, 2016 |
younglawya: Going by your answer, you'll compel a seller to perfect his title before selling to your client? Okay. In practice, what the poster u quoted proffered is actually the way out of this issue. A Deed of Transfer is executed between the seller and the buyer while the buyer also executes a Deed of Assignment with the holder of the legal title. It is cheaper to pay the signing fees demanded by the holder of the legal title than to pay double consent fees. Imagine paying tax clearance penalties for the parties to the previous transactions as well as double consent fees. |
Re: How To Obtain Governor’s Consent (in A Nutshell) by bellville: 9:22am On Aug 09, 2016 |
younglawya:Yes I agree that that is the ideal thing but you and I know that once the previous purchaser is paid, he is less concerned about perfection of title. I'm talking from experience. So I always like to be realistic to avoid stories that touch. The question is whose interest would be jeopardized if title is not perfected? My client's! What the seller or the omo onile will charge can be negotiated and that sum deducted from the actual purchase price that would be paid to the previous purchaser. That's a much cheaper and effective approach and that's why a lawyer should be involved from the very beginning before money passes. 1 Like |
Ogun State Government To Lock Houses Without Toilet Facilities, Arrest Landlords / Solid Imported Doors For Sale. Order Now / The Norther Foreshore Project (electrical, Cctv, Dstv, Access Control, Speakers.
(Go Up)
Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health religion celebs tv-movies music-radio literature webmasters programming techmarket Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 56 |