In this article, we would be focusing on two of the most popular land tiles most Nigerians are familiar with, either by handling or just hearing about them. We would explain in details what each of the tile documents is, what they are not and also share images, as well as describing the differences between these two title documents.

Highlights of this article
WHAT IS A C of O (CERTIFICATE OF OCCUPANCY?)
WHO CAN ISSUE A CERTIFICATE OF OCCUPANCY?
WHO CAN BE ISSUED A CERTIFICATE OF OCCUPANCY?
UNDER WHAT GRANT CAN A CERTIFICATE OF OCCUPANCY BE ISSUED?
ON WHICH LAND CAN A C of O BE ISSUED?
CAN A C OF O BE VOIDED, REVOKED AND CANCELLED?
WHAT HAPPENS AFTER 99 YEARS LEASE STATED IN THE C OF O EXPIRES?
WHAT IS GOVERNOR’S CONSENT (REGISTERED DEED OF ASSIGNMENT?)

WHAT IS A C of O (CERTIFICATE OF OCCUPANCY?)

A Certificate of Occupancy is an authorization document issued by the State Governor/Government (as the case in Nigeria) to an individual, groups of individuals or an entity conferring the right of occupancy of a particular property clearly defined by its location size and a term of 99 years.



WHO CAN ISSUE A CERTIFICATE OF OCCUPANCY?

The Land Use Act of 1978 unified the land tenure system in Nigeria and empowers by virtue of Section 9(1) the Governor of every state in Nigeria (the Minister of FCT for Abuja) to issue a Certificate of Occupancy under his hand in evidence of a right of occupancy

WHO CAN BE ISSUED A CERTIFICATE OF OCCUPANCY?

The Constitution of Nigeria provides that every citizen of Nigeria has a right to acquire and own immovable property in Nigeria. There is no discrimination in terms of sex, name, ethnicity, and religion on issuance of this certificate to any person(s) provided the applicant meets the requirement.

UNDER WHAT GRANT CAN A CERTIFICATE OF OCCUPANCY BE ISSUED?

The Land Use Act does not nullify any interest in the land prior to the Act. Under the Land Use Act 1978, there are two types of rights of occupancy recognized by the Act. These comprises Statutory right of occupancy and Customary right of occupancy. In both cases of Statutory and Customary rights of occupancy, therefore, there exist an actual grant as well as a deemed grant

ON WHICH LAND CAN A C of O BE ISSUED?

It must be emphasized without equivocation that no land can have two Certificates of Occupancy. If there exist two on a single land, one must be a fake document or issued in error due to deception of the government. We have seen circumstances like this before, which were settled in the court

CAN A C OF O BE VOIDED, REVOKED AND CANCELLED?

The Land Use Act that states how the C of O can be granted also provides grounds under which the C of O can be revoked.

WHAT HAPPENS AFTER 99 YEARS LEASE STATED IN THE C OF O EXPIRES?

This is another question many would have at the back of their minds in view of the fact that the C of O confirms the Governor as the perpetual owner of the land, while the holder of the C of O is an occupier for 99 years only.

WHAT IS GOVERNOR’S CONSENT (REGISTERED DEED OF ASSIGNMENT?)

We are used to the term ‘Governor’s Consent’ and not many understand what it means. At times you ask people for the title document covering a land and you hear responses like ‘the property has a ‘Governor’s Consent’ as if ‘Governor’s Consent’ is a document like a C of O is.


The full and elaborate article can be obtained on the website, which shows the clear difference between the two documents
http://aolmanagementconsult.com.ng/difference-between-a-c-of-o-certificate-of-occupancy-and-governors-consent-registered-deed-of-assignment/

Our moderators too can now buy properties with either a C of O or Governor's consent Mynd44, Laslasticlala, Mukina2

Are you thinking of buying any property and seems confused about the C of O and the Governor's Consent? read the full article to allay your fears.

The Governor's Consent is as valid as the C of O and there is no need to apply for a C of O on a land with a Governor's Consent.

Feel free to ask any question in this regard