Did you recently get into a conversation and heard the word “excision”? And while you were trying to understand what excision means in Lagos, another word followed, “Governor’s Consent.”
In the real estate space, terminologies like this come up from time to time. If you are not familiar with these terms, you may find yourself nodding along in confusion, wondering what they actually mean and why they matter so much when buying land in Lagos.
Well, you’re not alone. Many people who are new to land purchases in Lagos struggle with these concepts. But don’t worry, we’ve got you covered.
In this article, we’ll break down the difference between excision and Governor’s Consent, and why they are important for anyone buying land in Lagos.
How Does Land Ownership in Lagos Work?
Excision and Governor’s Consent came about because of the way land ownership works in Nigeria, and in Lagos in particular.
In Nigeria, land ownership is primarily regulated by the Land Use Act of 1978. This law vests all land in each state under the control of the state governor. The governor, therefore, holds it in trust for the people.
This means that technically, no private individual or community automatically owns land in Lagos; it all belongs to the government.
However, before the Land Use Act came into effect, communities and families owned large portions of land, passed down through generations. The government recognizes this and has a system to return some land to its original owners through a process known as excision.
Similarly, no one can legally own land without the government’s approval, and this is where the Governor’s Consent comes in.
In Lagos, where land is highly valuable, it’s important you understand these terms to avoid legal troubles or losing your investment.
Now, let’s break them down one by one.
What is Excision?
Excision is a process where the government releases a portion of land back to indigenous communities or private individuals.
Historically, certain lands belonged to indigenous families and communities before the Land Use Act of 1978 came into effect. When the government took control of all lands, it allowed a legal process where communities could apply to have some of their ancestral land returned.
This process of officially removing land from government ownership and giving it back to private ownership is called excision.
Why is Excision Important?
If land is not excised, it remains under government control, and purchasing such land can be risky. Why?
This is because the government can decide to allocate it for public use (such as building a road, hospital, or school). And if this happens, any structure built on the land may be demolished without compensation.
To check if land has been excised, you can verify it in the Lagos State Gazette. A gazette is an official government publication that records all excised lands.
Note that while a piece of land may be excised, and officially no longer under government acquisition, it may still lack a Certificate of Occupancy (C of O). In this case, a C of O is the ultimate proof of ownership.
So, after checking for excision, be sure you check for the C of O as well before you buy land in Lagos.
How Excision Works
For a community to get an excision, they must apply to the government, proving that they own the land historically.
The government then reviews the application, considers factors like urban planning and public interest, and decides whether to grant the excision.
If approved, the land is officially documented in the Gazette, a government record that lists excised lands.
Also Read:
- 10 Questions You Should Ask Before You Buy Land in Epe
- How Court Judgment Differs from Other Land Titles in Nigeria
- Difference between Deed of Assignment and C of O in Nigeria
How to Confirm if a Land Has Excision
If you’re looking to buy land, one of the first things you should check is whether the land has been excised. Here’s how you can confirm:
Request for the Survey Plan: The seller should provide you with a survey plan of the land.
Conduct a Search at the Lagos State Surveyor-General’s Office: This office can confirm whether the land falls under excised land or government-acquired land.
Check the Lagos State Gazette: If the land is excised, it should be recorded in the official gazette.
If a land is not excised, you may want to reconsider buying it unless you have solid assurances that the land is free from government acquisition.
What is the Governor’s Consent?
Governor’s Consent is the approval granted by the state governor when ownership of a land is transferred from one person to another.
When a land has been excised and a Certificate of Occupancy (C of O) has been issued, the first buyer of that land has legal ownership. He/she is known as the original title holder.
However, if they sell the land to a new buyer, the new owner must apply for Governor’s Consent to transfer ownership and make the transaction legal. Once granted, the new owner’s name is officially recognized by the government.
Why is the Governor’s Consent Important?
If you buy land that already has a Certificate of Occupancy, but you don’t process the Governor’s Consent, the transaction is not legally recognized. This means that:
- You don’t have full legal ownership.
- You cannot resell or use the land as collateral for a loan.
- The government may still consider the land as belonging to the original owner.
Governor’s Consent acts as a stamp of approval that validates the change of ownership. Without it, the sale is incomplete in the eyes of the law.
How to Obtain Governor’s Consent
The process of getting the Governor’s Consent involves several steps:
Submit an Application: The new buyer submits an application to the Lagos State Directorate of Land Services.
Attach Required Documents: This includes:
- Certified True Copy of the Root of Title – You can get this from the Land Registry
- Deed of Assignment (a legal document transferring ownership from seller to buyer)
- Clear Survey Plan
- Income Tax Clearance
- Completed Land Form 1C (download the form from the Lagos eGis Portal)
- 4 Passport Photographs
- Payment Receipt for endorsement, charting and Form 1C processing. ₦10,500.00
- And other necessary documents.
Payment of Fees: There are processing fees, stamp duties, and consent charges that you must pay.
Review and Approval: The application is reviewed, and if everything is in order, the governor gives consent to the transaction.
The process can take several months, anywhere between one to three months. But it’s a necessary step to secure your investment.
Which One Should You Prioritize When Buying Land in Lagos?
Now, this is where it gets interesting. If you are buying land in Lagos, which one should you prioritize; Excision or Governor’s consent?
What to Do When Buying a Freshly Acquired Land (Virgin Land)
If you are buying land from a community or family, you should first confirm if the land has an excision before purchasing.
Without an excision, the land may still be under government acquisition, which means you’re at risk of losing your money.
If You Are Buying a Land from Someone Else (Resale Land)
If you are buying land from an individual who has a C of O, then your concern should be on getting a deed of assignment from them as they sell the land to you.
The Governor’s consent will validate the transfer of ownership legally. So, even if the land has a C of O, you still need the Governor’s consent to change the C of O ownership and secure your purchase.
Also Read:
- What is the Difference between C of O and Governor’s Consent in Lagos?
- 10 Reasons to Invest in Epe Real Estate
- 10 Serious Mistakes Investors Should Avoid When Buying Land in Epe
Common Mistakes People Make When Buying Land in Lagos
As of 2024, land prices in Lagos state range between ₦50,000,000 to ₦900,000,000 per plot. This is not the kind of money anyone would like to throw away carelessly.
Add that to the discovery that many land-related court cases in Lagos are due to improper documentation. These points highlight why any aspiring land buyer should understand excision and Governor’s Consent before making any land purchase.
Since buying land in Lagos without proper verification can be a costly mistake, here are some common errors to avoid:
Buying Land Without Excision: If the land is not excised, it could be taken back by the government at any time.
Ignoring Governor’s Consent: If you buy land with a C of O but don’t get Governor’s Consent, your ownership is not legally valid.
Relying on Verbal Assurances: It’s possible you know the person selling the land. That’s great. But, always verify documents instead of just taking the seller’s word for it.
Skipping Due Diligence: Doing proper due diligence takes time. So, it’s understandable when people skip it. However, you need to consult a real estate lawyer or conduct a proper land search before making a purchase.
Final Thoughts
Excision and Governor’s Consent are two vital terms in Lagos real estate that can make or break your investment. Excision ensures that land is free from government acquisition. Governor’s Consent legally validates ownership transfers.
If you’re buying land in Lagos, verify the excision status and make sure you process the Governor’s Consent if the land has a Certificate of Occupancy. This way, you can secure your investment and avoid future legal troubles.
Are you looking to buy land in Lagos and need guidance? You can consult us today to help you get the best deals.
To explore any of our real estate investment packages like land banking, retirement plan, kids education investment plan, trade apprenticeship plan or if you want to purchase some plots where you will have residential or commercial buildings, send an email to us at info@affablehomes.com.ng or call +2349134056630.
