Treash:
There are certain factors guiding land transactions in Nigeria, especially before you pay.
1. Before a party can sell land to another, the consent of the Governor of such State is required. However, a property with an initial C of O needs no governor's consent, because both documents originate from the State government. Simply put, C of O and Governor's Consent have the same effect. But where the owner of a land with C of O sells same land to another person, such subsequent buyer must process his application for Governor's Consent. This is because the initial C of O carries the name of the previous owner.
2. Under the law, a person under the age of 21 (twenty-one) cannot be granted a Statutory right of occupancy. This implies that a C of O or permission to own land cannot be issued to a child below 21 years.
3. Without the approval of the National Council of States, a non-Nigerian cannot be granted a right of occupancy. This implies that a non-Nigerian cannot be given license to own land in Nigeria, except with the written approval of the Council of State.
4. Where a land belongs to a community or family, the consent of the family head or community head must be obtained before there can be a valid sale. Any sale of family or community land without the consent of the head of that family, such a sale is invalid. Any sale of community land without the consent of the Community Head, shall be set aside.
5. Covenant in a lease may also restrict the sale and transfer of land. For example, if a property is leased/rented, the written tenancy agreement is to the affect that, you are not permitted to sell the property leased to you.
6. The law also state that, any land owed by a Nigerian Coal Corporation cannot be sold except with the written permission of the Federal Minister in charge. This implies that, for example, before we purchase any property belonging to a Federal agency like NNPC, the consent of the Minister must be sought and obtained, else the sale wil be invalid even after you build on it.
7. Town planning laws may also restrict the sale of certain lands where the purposes for which they are intended to be used are contrary to the purposes of town and planning laws. For example, an industrial place designated for such industrial purpose should strictly be abided to rather than using it for something else like residential or religious purpose.
8. In Lagos, the law states that the sale of any land which the Lagos State government has marked for road construction shall be in nullity. This means that once a land is marked for road purpose, such land is not permitted to be sold for use.
9. Doctrine of ‘ Lis Pendis’ : This means that once a land matter is in court between two parties, no one is allowed to sell/buy such land until the case has been concluded and final judgement is given.
In this regard, I urge you to carry out your due investigation and search before purchasing any property in Nigeria.
Barr. Ayo Adeolu Aderinto.
08068088866.
ay4u888@gmail.com |
