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The Truth About Land Documents In Nigeria. - Properties - Nairaland

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Important Land Documents For Property Transactions In Nigeria / Different Types Of Land Documents / 7 Land Documents In Nigeria You Must Know Before Buying Land. (2) (3) (4)

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The Truth About Land Documents In Nigeria. by EzeAnthony1(m): 3:35pm On Dec 06, 2019
As far as Lagos (and Nigeria as a whole) is concerned, the importance of good land documents cannot be over emphasized.
In fact, if you really want to know how important land documents are... Ask those whose houses were demolished along the 8 Lane Dual Carriage Way in Badagry or those in Ajegun, Idiroko and even in Alimosho local government and in so many other areas.

The information in this particular post could save you from making mistakes worth millions of naira.

There are 6 major land documents you must understand before buying any land in Nigeria. Not understanding them could lead to the loss of your property without any form of compensation whatsoever.

These documents includes:

Number #1.Deed Of Assignment
It amazes me when I see people buy land and not ask for Deed of Assignment forgetting that this is the only Land Document that shows you are now the new owner of that land.

Would you  buy a car and forget to collect the receipt plus the documents? So why do people forget this very document that could become a financial legacy to their children?

A Deed of Assignment is one of the most important documents YOU MUST HAVE when you conclude a Land Transaction.

A Deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land to the buyer that has just bought land.

This document spells out the date when the ownership of the property was transferred from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.

This is what a genuine deed of assignment look like..
********image*******

Number #2. Survey Plan
A Survey Plan is a very important land document you must ask for whenever you are trying to buy a land. In fact it is the most important land document because it is with this document that you will be able to know everything about the land.

It is with a Survey Plan that you will be able to do a search to know if the land you are planning to buy is free or not.

This is the land document that shows the boundary measurements of a parcel of land to give an accurate measurement and description of that land.

The people who handle survey issues are the Surveyors and they are being regulated by the office of the Surveyor General of the state where the land is located.

This is what a survey plan helps you do:
A Survey Plan helps you to know if the land you want to buy is for Agricultural, Residential, Industrial or for Commercial Purpose.

No matter how enticing or attractive a land may look, once you find out that the Land is a committed land (under government), my brother/sister please stay away from that land. Don’t say because others are buying and nothing has happened yet, so nothing will happen... after all this is Nigeria. Nooo, don't make such dreadful mistake especially in Lagos State, where the government can be very strict and unpredictable.

 The following Information’s Are Proof That The Survey Plan  Is Authentic:

1. The name of the owner of the land surveyed.
2. The Address or description of the land surveyed.
3.A stamp showing the land is either free from Government acquisition or not. (This is very important)
4. The surveyor who drew up the survey plan and the date it was drawn up.
5.The size of the land surveyed.
6.The drawn out portion of the land survey and mapped out on the survey plan document.
7.The beacon numbers.

I've provided two pictures below. The first one is the image of a genuine survey plan document while the second one is the image of a fake and dangerous survey plan document.  Study them carefully.

*******image******
*******image******

You will be well advised to consult a Registered Land Surveyor to give you an insight into what they do and how they do it.
But be careful to only work with the one you can trust.

Nunber# 3. Excision
This is a brief story about the Excision:
 Before the Land-Use Act in 1978 was enacted, Traditional families who had so much land power under their control benefited from taking pleasure over all the rights given to them as land owners. Because of this mega-power they wielded with land, they gave out lands to individuals under a tenancy system for them to use the land either for fishing or farming while they still maintained control over the portion of the land given to the individual.

The Land Use Act coupled with other laws made it possible for the Governor who is now the owner of all lands in the state(according to the proclamation of the Land Use Act on the 28th of March, 1978)  to actually have the power to acquire more lands compulsorily for its own public purpose to provide amenities for the greater good of the citizens.

Fortunately, the government still recognizes 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.

So an Excision simply means taking a part from a whole and that part that has been excised, will be recorded and documented in the official government gazette of that state.

In other words, not having an excision means the land you bought could be seized by the Government anytime without compensating you even if you bought it “Legitimately” from the Baale or the Original dwellers on the land.

Hope you understand why this land document is very important before you buy any land. Because it is with this land document that you know if the Land is FREE or Under Government Acquisition.

Now that you've understood what an excision is, let's move on...

Number #4: GAZETTE
A Gazette is an Official record book where all special government details are spelt out, detailed and recorded. A gazette 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 they decide to sell anything outside the excised land, then that land is under acquisition by the government and it is a very bad land to buy

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 to confirm whether it falls within the gazette and spell out which particular location it can be found.

The first page of a Gazette must have the following unless it is a dubious or fake Gazette
  1. The Logo of the Country and the inscription of the title “ LAGOS STATE OF NIGERIA OFFICIAL GAZETTE”

2. Underneath it must have the Number, Volume, Page, Date and the Location it was signed into law e.g No 15 in pages 210 to 280, Volume 67 dated 21st of May,  2014 and have the contents of the list of the Villages, Settlements and parcels of land excised back to the community.

See image below

********image*******

The Cover of the Gazette must include the Number of the Gazette, Page of the Gazette and Volume of the Gazette. It must also Include the Date and Location it was issued

The Inner pages will show the following:
1. The description of the Area or Village excised

2. The number of Acres or Hectares of land excised to the Village

3. Where the boundaries of the beacons start and stop

4. The page the description of the Village excised is.

See image below:
*******image******

Number #5: Certificate of Occupancy
A Certificate of Occupancy (C of O) is a Land Document issued by the State Government to officially lease any land under the state to you (the applicant), for 99 years. As already indicated, all lands belong to the Government.

A C of O however is the officially recognized Land Document for demonstrating Right to a Land. What happens after 99 years? That question is still a subject of debate among experts.

Some postulate that as the new owner of the land, you the buyer can renew the certificate of occupancy when it expire. Others have adopted a "let's-wait-and-see" attitude.
But for now it’s largely a case of “We shall see when we get there”

And finally...

Number #6: Governor's Consent
A Governor’s Consent is a land document that you obtain immediately after buying a land with C of O. It’s the land document that lets the Governor and the general public know that the land in question has changed hands.

A Governors Consent is a very good document to obtain and I advise you to get it so as to free yourself from Omoniles 100%(That's if you're buying from an omonile). 

An advantage of having a Governor’s consent is that you can transfer your land to another person without going to the Omoniles or Family Baale to sign your deed and Form 1c which are compulsory requirements needed before you can process a Governors consent.

If you noticed, I didn't say anything about the receipt. This is because I believe any sane person should  ask for his/her receipt immediately after payment.

But don't make the same mistake that some others have made, which is to think that A Receipt is the same thing as A Deed Of Assignment. No!

If you've found this post valuable, I'll suggest you share it with your friends and family members. This is because it could save them from making painful financial mistakes.

You don't have to call me now. But if you would like to know the top 3 places in Nigeria where you can buy genuine lands with great resell value -- at an affordable price... Then I'd suggest you call me today @ 08188742785

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