Purchasing a property shouldn’t get you embroiled in unnecessary litigation.
Today in Nigeria, there have been endless litigations in the Nigerian court of law over land disputes. Most people have lost their land and properties to other people with better titles.
To avoid one, getting a governor’s consent is one of the steps required to perfect title on lands in Nigeria.
This is consequent upon, section 1 of The Land Use Act of 1978, which states; “Subject to the provisions of this Act, all land comprised in the territory of each State in the Federation are hereby vested in the Governor of that State and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of this Act.”
Hence, the concept of Governor’s Consent is an integral part of land transactions, since the governor of each state holds land in trust for the common interest of all.
This is how it works! Every subsequent buyer must get the consent of the governor to prove legality. Appended on a page in the deed of assignment, the assignee requests the consent of the governor to validate the transaction.
The first buyer on a virgin Land is entitled to get a Certificate of Occupancy on that land. Should this same buyer with the C of O decides to sell this land to another person after so many years, that new buyer must now obtain the consent of the governor before that transaction can be deemed legal in the eyes of the Government.
Basically, the title of governor’s consent affirms the transaction, and the unexpired term stated in the C of O is still maintained.
The Governor’s Consent contains the following features;
1.) The Form 1c signed by the purchaser or vendor that has either a Gazette or Global C/O or in the case of an individual that has a private C of O granted to him by the Governor
2.) Copies of Deed of Assignment must be prepared by the buyer’s lawyer who must include the signatures of parties and witnesses to the transaction, the cost of the land, the size of the land description of the land, and the copy of the survey attached to it.
3.) The Consent will be heavily stamped from the beginning to the end and upon completion and payment of the requisite fees, the Governor or his representatives such as the Commissioners will sign and date the Consent and stamp it with their official Seal.
4.) The land bureau after that will assign a consent number to that document for reference purposes and consent number, your documents will be registered and recorded in their archives for future references.
Alongside, these are reasons why it’s necessary to obtain Governor’s consent;
- It serves as proof of ownership. In Nigeria, the ultimate proof of property ownership is a title.
- The consent of the governor intensifies the value attached to your property, thereby increasing the possibility of further sales.
- Security of title.
- Ease of transaction.