Certificate of Occupancy known as C of O is a legal instrument serves as the ultimate validation of ownership rights, granting individuals and entities the authority to occupy and utilize a specific parcel of land or property.

And according to the Land Use Act…

To comprehend the pivotal role of the Certificate of Occupancy in Nigeria, one must delve into the intricate tapestry of the nation’s land tenure system, woven by the Land Use Act of 1978.

This landmark legislation vests all land within the territory of each state in the governor, who holds it in trust for the benefit of the people.

The Act empowers the governor to grant a right of occupancy to any individual or organization, effectively conferring ownership rights for a maximum period of 99 years.

Acquiring a Certificate of Occupancy is a multifaceted endeavour, which means it involves a series of meticulously orchestrated steps.

The process typically commences with an application submitted to the relevant land authority in the state where the property is located.

This initial step sets in motion a comprehensive evaluation, during which the applicant’s eligibility and the property’s suitability are rigorously assessed.

Issuance and Registration
If the land authority deems the application satisfactory and all requirements have been met, the coveted Certificate of Occupancy is issued to the applicant.

This momentous occasion marks the culmination of the process, granting the recipient the legal right to occupy and utilize the property within the confines of the stipulated terms and conditions.

However, the journey does not end there.

To further solidify the ownership claim, the Certificate of Occupancy must be duly registered with the appropriate land registry.

This crucial step not only provides public notice of the ownership transfer but also serves as a safeguard against potential disputes or claims over the property in the future.

The importance of the Certificate of Occupancy
The Certificate of Occupancy holds immense importance in Nigeria’s real estate landscape, serving as a cornerstone for various aspects of property ownership and transactions.

Proof of Ownership

Undoubtedly, the most fundamental function of the Certificate of Occupancy is to serve as irrefutable proof of ownership.

This legal document establishes the holder’s legitimate claim to the property, providing a solid foundation for exercising their rights and responsibilities as the rightful owner.

Statutory and Customary Rights of Occupancy
The Nigerian legal system recognizes two distinct categories or types of Certificates of Occupancy:

The Statutory Right of Occupancy and the Customary Right of Occupancy…

The Statutory Right of Occupancy – is the more common form, issued under the provisions of the Land Use Act of 1978.

It grants individuals or entities the right to occupy and utilize land for specified purposes, subject to the terms and conditions outlined in the document.

On the other hand,

The Customary Right of Occupancy – is applicable in areas where traditional land tenure systems prevail.

This form of certificate recognizes and formalizes land rights based on customary practices, providing a legal framework for ownership within the context of local customs and traditions.

Cc: Ishilove

Source - https://mauhomesng.com/certificate-of-occupancy/