Introduction
When buying property in Lagos State, one of the most critical legal steps is obtaining the Governor’s Consent. This consent is a statutory requirement under the Land Use Act of 1978, and it is necessary for validating any transaction involving land or property that has already been assigned to an individual or entity. Without the Governor’s Consent, the transfer of property title is deemed incomplete and can be legally challenged. This comprehensive guide will walk you through the entire process of obtaining the Governor’s Consent, the required documents, and the common challenges you may face.
What Is Governor’s Consent?
Governor’s Consent is a legal approval granted by the Governor of Lagos State for the transfer of ownership of land or property. Under the Land Use Act, all land in Lagos State is vested in the Governor, who acts as a trustee for the people. Any subsequent transfer, assignment, or mortgage of land must receive the Governor’s approval to be legally recognized.
Why Is Governor’s Consent Important?
Obtaining Governor’s Consent is not just a procedural requirement; it is a critical legal step that:
• Confirms Legal Ownership: It validates the transfer of property ownership from one party to another.
• Prevents Legal Disputes: Without the Governor’s Consent, the transaction is considered voidable, and the buyer’s title can be legally contested.
• Ensures Compliance: It ensures that the transaction complies with the Land Use Act, protecting the buyer’s interest in the property.
Case Law Example: In Savannah Bank v. Ajilo (1989), the Supreme Court held that any transfer of interest in land without the Governor’s Consent is null and void, emphasizing the importance of obtaining this legal approval.
Step-by-Step Guide to Obtaining Governor’s Consent in Lagos State
1. Engage a Qualified Property Lawyer
The first step is to engage a qualified property lawyer who specializes in real estate transactions. The lawyer will help you navigate the complex legal requirements, conduct due diligence, and handle the entire process on your behalf. Attempting to obtain Governor’s Consent without legal guidance can result in delays, errors, or even rejection of your application.
2. Conduct Due Diligence on the Property
Before applying for Governor’s Consent, it is crucial to conduct thorough due diligence on the property. This involves verifying the title and ensuring there are no encumbrances or legal disputes. Your lawyer will carry out a title search at the Lagos State Land Registry to confirm that the property has a valid title and that the seller has the legal right to transfer ownership.
3. Prepare the Required Documents
The next step is to gather all the necessary documents for the application. These documents include:
Required Documents:
• Deed of Assignment: This is the legal document that transfers ownership from the seller to the buyer. It must be duly signed by both parties.
• Land Information Certificate: This certificate provides details about the land and confirms that it is free from government acquisition.
• Survey Plan: A registered survey plan is required to show the exact location and boundaries of the property.
• Tax Clearance Certificates: The seller must provide tax clearance certificates for the past three years, proving compliance with tax obligations.
• Application Form: The Governor’s Consent application form, which can be obtained from the Lagos State Lands Bureau, must be completed and signed.
• Passport Photographs: Recent passport photographs of both the buyer and seller.
• Title Document: A copy of the Certificate of Occupancy (C of O) or other title document.
Statutory Authority: According to Section 22 of the Land Use Act, the Governor’s Consent is mandatory for any transaction that transfers interest in land.
4. Submit the Application to the Lagos State Lands Bureau
After compiling all the required documents, your lawyer will submit the application to the Lagos State Lands Bureau. The application should be addressed to the Director of Lands Services, who will review the documents for completeness and accuracy. It is essential to ensure that all documents are properly signed and notarized to avoid delays.
5. Assessment of the Property Value and Payment of Fees
Once the application is submitted, the Lands Bureau will assess the value of the property to determine the applicable fees. These fees typically include:
• Consent Fee: This is the primary fee for obtaining the Governor’s Consent.
• Capital Gains Tax: A tax levied on the profit made by the seller from the sale of the property.
• Stamp Duty: A tax on the Deed of Assignment, required for registration at the Land Registry.
• Registration Fee: This fee is for registering the title transfer at the Land Registry.
The buyer is usually responsible for paying these fees, and they must be paid promptly to avoid delays.
6. Verification and Site Inspection by the Lands Bureau
The Lands Bureau will conduct a verification process, which includes a site inspection of the property. This inspection helps confirm the details provided in the application and ensures that the land is not under government acquisition or restricted for public use.
7. Approval of Governor’s Consent and Issuance of Letter of Consent
If the application is successful, the Governor will grant consent, and a Letter of Consent will be issued. This document serves as legal proof that the transaction has been approved by the Governor and that the transfer of ownership is valid.
8. Registration of the Deed of Assignment at the Land Registry
The final step is to register the Deed of Assignment at the Lagos State Land Registry. This registration is essential because it provides public notice of the transfer of ownership and legally completes the transaction. Without registration, the transfer of title is not legally binding.
Tip: Ensure that the Deed of Assignment is properly stamped and registered to avoid future legal disputes.
Common Challenges in Obtaining Governor’s Consent
Despite its importance, obtaining Governor’s Consent can be a challenging process due to various reasons:
• Incomplete Documentation: Missing or incorrectly completed documents can lead to delays or rejection of the application.
• Delays at the Lands Bureau: Bureaucratic processes at the Lands Bureau can result in significant delays.
• Disputes Over Property Ownership: If there are any disputes over the title or ownership of the property, the application may be denied.
Case Law Example: In Onagoruwa v. I.G.P. (1991), the court emphasized the importance of following due process and obtaining all necessary consents in land transactions to avoid legal nullification.
Obtaining Governor’s Consent is a critical step in any property transaction in Lagos State. It is a complex legal process that requires expert guidance to avoid pitfalls and ensure compliance with the law. At Chaman Law Firm, we specialize in property law and offer comprehensive legal services to help you obtain Governor’s Consent seamlessly.
Contact Us Today: To protect your property investment and ensure a smooth transaction, visit www.chamanlawfirm.com or call us at 08065553671 or email us at info@chamanlawfirm.com to schedule a consultation.
Let our experienced team handle the legal process for you.
Our offices are conveniently located in Lagos, FCT Abuja, Ogun State, and the UK. We are readily available to assist you with your legal needs. Whether you require consultation, representation, or ongoing legal support.
Conclusion: Don’t Skip the Governor’s Consent — It’s Your Legal Safeguard
The process of obtaining Governor’s Consent may seem lengthy, but it is an essential legal safeguard that validates your property purchase and protects your ownership rights. Without this consent, the transfer of title remains incomplete and can lead to significant legal issues down the line. Always ensure you have the necessary consents before finalizing any property transaction in Lagos.
Featured Snippet:
To obtain Governor’s Consent in Lagos State, follow these steps: engage a property lawyer, conduct due diligence, gather required documents, submit the application, pay applicable fees, undergo verification and inspection, and register the title transfer. This process ensures legal compliance and secures your property ownership.