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Property Owners And Developers: What Happens After The 99 Years Of The Grant Of - Properties - Nairaland

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Property Owners And Developers: What Happens After The 99 Years Of The Grant Of by babyvoice1990(m): 4:28pm On Nov 26, 2016
I sincerely and passionately invite legal minds to contribute to this subject matter. ‘God forbid that I alone know it all’

I am aware that property owners within Eti-Osa and Ibeju Lekki local government of Lagos State, even other parts of Lagos are in serious dispute with developers of the estate where their properties are situated. Some others have approached the court of law to interpret the terms of the Deed of Assignment which was executed at the time of the purchase of their properties. I am also aware that what happens after the 99years and the one-day reversionary interest is a major worry to property owners. This is why I have taken time to write and share my opinion(which is not conclusive) on this issue bothering what happens after 99 years.

As we all know, an issuance of a certificate of occupancy by the state Government expires after 99 years and will be due for renewal. Have you ever taken a moment to reflect on what is likely to happen to properties covered by Certificates of Occupancy after the expiry of the 99 years tenure granted by the Government? As an owner of a Certificate of Occupancy (C of O) covering landed property in Nigeria, or you aim to own one or you possess a Deed of Assignment as a purchaser from a C of O owner, this thought raises very interesting questions, like: Does the Certificate of Occupancy or the Land Use Act provide for any renewal? Will the Government renew after the 99 years? If the Government refuses to renew what would happen to the improvements on the land? Now let us assume that the Government shall at the expiry of 99 years renew the C of O, then some other issues arise as to who is entitled to the renewal; Is it the original holder of the C of O or the holder of a Deed of Assignment at the time of expiration?

First, we must establish and remind ourselves that section (1) of the Land Use Act 1978 vests all land in the territory of each state in the federation to the governor of that state to be held in trust and administered for the use and common benefit of all Nigerians. The true import of this is that the Government owns the Land, and grants a Certificate

Continue reading: http://www.ibejulekkilawyer.com/property-owners-and-developers-what-happens-after-the-99-years-of-the-grant-of-certificate-of-occupancy/

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