Treash:
Once a C of O is issued by the government, the implication is that it only last for 99 years (including the land). What then happens after the expiration of the 99 years? If you take a cursory look at a copy of the C of O, a special clause shows impliedly that the land tenure systems do not contemplate renewal after 99 years. A further look at the Land Use Act does not also suggest expressly any renewal right on holders of such certificate of occupancy.
However, Section 1 of the Land Use Act vests the lands in each state into the governor as a 'trustee' on behalf of the citizenry; see also section 34. The combined reading of both sections (1 and 34) shows that it can be renewed. The question is who is entitled to renewal after 99 years; is it the original grantee (the person with the C of O in his own name) or the Assignee (the person who later buys the land from the grantee)??
To answer this, we need to understand the meaning of Assignment. Assignment could simply be defined as the transfer of the right over a property by one existing party to another existing party. It means a party sells the property "absolutely". The implication is that once a property is sold out, and there's a governor's consent on the deed of assignment, then the governor is deemed to have recognised the existence of this right. The right should be treated as if it was originally granted to the assignee. The assignee should therefore enjoy the renewal right over such land.
Barr Adeolu Ayo Aderinto.
Credit: Mayowa Ogunsan vide Nigeria lawyer. |
