Understanding Land Excision: Why It Matters in Lagos Real Estate Deals
Executive Introduction
In Lagos, the word “excision” is thrown around at site inspections and sales webinars as if it were a magic wand. It is not. Excision is a narrow legal act—a formal release by the Government of a defined portion of land from government acquisition back to a community or family. It is not a title by itself. It merely opens the door to derivative, bankable title (e.g., Deed of Assignment + Governor’s Consent) for end-buyers—if you are inside the exact coordinates released and if the follow-on documentation has been done correctly.
This guide explains, in plain counsel’s language, what excision is (and isn’t), how to verify it, how it interacts with gazettes, ratification, global C of O claims, planning approvals, and what you must write into your contracts to avoid expensive regrets.
1) What Exactly Is Land Excision?
Definition: Excision is the Governor’s administrative act of releasing a specific parcel (with mapped boundaries) from government-acquired/committed land to a named community/family.
Effect: The released area becomes the community’s root of title. From there, purchasers must obtain a derivative title (e.g., Deed of Assignment) and, where statutory, Governor’s Consent.
Limit: Anything outside the released polygon remains under acquisition/commitment—no matter what a marketer says.
Counsel’s rule: Excision ≠ ownership of your plot. It is pre-title context, not the buyer’s title.
2) Gazette vs. Excision Letter vs. Ratification—Don’t Confuse Them
Excision Letter/Approval: Primary administrative act identifying the released land (name, coordinates, perimeter).
Gazette: Official publication of excision details (the schedule often contains the survey description). A gazette is strong evidence of the Government’s intention and boundaries, but your plot must still be shown inside those coordinates.
Ratification/Regularization: Where someone already sits on acquired land, Government may—case by case—regularize upon payment and meeting conditions. Riskier and slower; never treat “ratification in process” as value.
3) Why Excision Matters to You (Buyer/Developer/Lender)
Bankability: Lenders and prudent buyers require derivative title traceable to a lawful root. Excision clarifies the root; consent perfects the derivative.
Litigation Avoidance: Excisions carve certainty out of vast government acquisitions; being outside the excised polygon is a fast road to disputes or demolition risk.
Valuation: Plots “inside the excision + properly derived title” trade faster, price better, and pass legal due diligence without drama.
4) Verifying Excision—A Counsel-Grade Workflow
Step A: Paper First (Before Site Visit)
Ask for:
Certified excision approval/letter or gazette pages relevant to the community/sector.
Composite plan showing excised boundaries (with bearings/distances).
Your plot’s registered survey plan (hard + soft copy/CAD).
Vendor’s root/chain (community conveyance → subsequent assignments).
Desk Review:
Confirm names, dates, and matching coordinates across documents.
Check that the vendor’s chain is capable of perfection (consentable).
Step B: Official Charting & Registry Searches
Office of the Surveyor-General (OSG):
Chart your plot coordinates against the excision polygon and acquisition/committed layers, rights-of-way, pipelines, waterways, and coastal setbacks.
Lands Registry:
Run an encumbrance search (charges, cautions, pending consents) on the relevant titles.
Court/CAC (as needed):
Court check for lis pendens; CAC for corporate authority and charges.
Step C: Site & Boundaries
Surveyor Reconnaissance:
Re-peg beacons; confirm access roads and any encroachments.
If the estate markets drainage/roads, confirm as built vs. plan.
Outcome Gate: If your coordinates do not fall inside the excised polygon (per OSG), walk—or restructure as a ratification gamble with commensurate price and contractual protections.
5) Excision Is Not a Free Pass—You Still Need a Bankable Derivative Title
Even when a community validly holds excised land:
You still need a Deed of Assignment (or sublease, etc.) conveying your plot from the community’s recognised owners (head + principal members) or their grantee.
For statutory interests, that Deed must be submitted for Governor’s Consent, then stamped and registered.
Keep receipts for land charges; perfect with survey annexures, ID/photographs, tax evidence, and consideration receipts.
Test: If a prudent bank would lend on your file today, you have real value. If not, you have enthusiasm, not title.
6) Excision vs. Global/Mother C of O: How to Read the Pitch
Global C of O on a large tract is a different root: Government granted a statutory right over the entire parcel to an entity. A buyer should then hold a derivative deed from that grantee and obtain consent.
Excision/Gazette is a carve-out to a community; end-buyers must still take derivative title from that root.
Marketing trap: Sellers wave a gazette or a global C of O without the plot-level derivative. That is not your title.
7) Red Flags—Terminate or Restructure with Escrow & CPs
“Inside Gazette” claims without page/schedule or polygon coordinates.
Survey uncharted or beacons cannot be located.
“In process” excision/ratification used to justify immediate payment.
Chain shows a historic transfer without consent and no credible cure plan.
Multiple family attorneys issuing receipts; no single recognised authority.
Estate shows no approved layout, no drainage engineering, and unaudited service-charge budgets.
Refusal to route payments through escrow with conditions precedent and a long-stop date.
8) Contract Architecture—Clauses That Protect You (Illustrative)
Condition Precedent (Title & Charting)
“Completion is conditional upon Buyer’s Counsel receiving: (i) certified copy of the excision approval or relevant gazette pages covering the exact coordinates of the Property; (ii) an OSG charting report confirming the Property lies within the excised area and outside any acquisition/ROW; and (iii) delivery of a duly executed Deed of Assignment eligible for Governor’s Consent, together with evidence of discharge of encumbrances.”
Escrow Mechanics
“All monies are to be held in escrow and released only upon written confirmation that all Completion Deliverables and CPs have been satisfied. Failing satisfaction by the Long-Stop Date, escrow shall refund Buyer within five (5) business days.”
Indemnity
“Vendor indemnifies Buyer against losses arising from any defect in title, boundary discrepancy, or encumbrance not disclosed prior to exchange.”
(Tailor to your facts; this is not a substitute for bespoke drafting.)
9) Planning Interface—Excision Does Not Approve Your Building
Layout Approval & Planning Permit: Required independently of excision.
Setbacks/Height/Use Class: Must align with LASPPPA/LASBCA requirements; coastal/wetland areas have heightened controls.
Drainage First: Estates that ignore storm-water design pay later in valuation and resale friction.
10) Practical Buyer’s Checklist (Print & Carry)
Certified excision approval/letter or gazette pages (with schedule)
Registered survey plan (hard + soft/CAD) with beacon list
OSG charting outcome showing your plot inside excised polygon; no acquisition/ROW/pipeline/setback conflict
Root & chain from community/family (or developer) to vendor; consents where required
Contract of Sale with warranties, CPs, indemnities, escrow, long-stop
Deed of Assignment (perfection-ready; survey annexed)
Governor’s Consent → Stamp → Register diarized and budgeted
Layout/Planning approvals (if developed); estate bye-laws and audited service-charge accounts
Land Use Charge/ground rent receipts; no-arrears letter
Insurance schedule; meter numbers; completion inventory
Digital vault of notarized scans; originals in fire-safe custody
11) Case Snapshot (Composite: Ibeju-Lekki)
Pitch: “Excision gazetted; buy now—price doubles after the free trade zone phase.”
Findings: Gazette schedule covered Ode-… community, but client’s coordinates fell outside the polygon; survey uncharted; developers declined escrow.
Action: We issued HoT with escrow + CPs (OSG confirmation inside polygon; consent-ready deed). Vendor refused.
Outcome: Client walked. Later acquired a consent-clean plot within a properly mapped excision; perfection concluded without friction.
Conclusion
Excision is a boundary story, not a title story. It tells you where Government has released land; it does not, by itself, transfer valid title to you. Your security comes from derivative documentation (Deed of Assignment), Governor’s Consent, stamping/registration, and OSG-verified boundaries—all wrapped in buyer-protective contracts and escrow. If a bank would not lend on the file, you are about to buy, neither should you.
Call to Action
If you want a bankable Lagos acquisition—excision/gazette verification, OSG charting, registry searches, negotiation, escrow, drafting, consent–stamp–register—retain us. We execute end-to-end with the precision of counsel.