Land Use Act of 1978 requires every land owner to obtaining Governor’s Consent and it is unlawful for any holder of a right of occupancy not to obtain the consent of the Governor before transfer or alienation by way of Assignment, mortgage, transfer of possession, sublease or otherwise. The Governor of a state can revoke a person’s Right of Occupancy if proper consent from the Governor is not acquired before the transfer or alienation of a property. It has been observed that a lot of people ignore this consent and obtaining this consent means of perfecting title.
So much is involved when buying a property and can be discouraging just by thinking about the whole process… looking for a genuine land to purchase, confirming the validity of every document presented and government consent. Its stressful(yes) but these steps are very compulsory since the Land Use Act of 1978 has conferred all land in a State; town and rural area under the control of the Governor and Local Government Chairman respectively in trust for the people of the state. Also, section 22 of the Act then states that, “it shall not be lawful for the holder of a statutory Right of Occupancy granted by the Governor to alienate his Right of Occupancy or any part thereof by Assignment, sublease etc. without the prior consent of the Governor”.
Since all lands are held in trust by the State Government, the Governor therefore needs to approve any transaction made in respect to any land in the state, otherwise, the title that will pass is not complete.
The basic requirements of Governor’s consent in Lagos State are as follows:
- Dated letter of application with address and telephone numbers;
- Completed form 1c;
- Certified true copy of grantor’s title document;
- Grantor’s tax clearance certificate and development receipt;
- Grantee’s tax clearance certificate and development receipt;
- Four numbers of executed Deed of Assignment, Deed of Sublease, Mortgage or Power of Attorney (depending on transaction);
- Chartable survey plans;
- Evidence of payment for charting, endorsement and form 1c;
- Evidence of payment of Ground Rent/Land Use Charge;
- Original letter of confirmation of payment of coastal contribution from NTDA in respect of Lekki Pennisula Scheme Areas; and
- Building plan and photograph of property.
Please note that until the Governor gives consent for the transfer or alienation of land, your legal title to a land is not complete and such legal title to the land is at risk of been revoked.