How to Check If a Property Is Under Government Acquisition in Ogun State

How to Check If a Property Is Under Government Acquisition in Ogun State

Introduction

Buying land or property is one of the most important investments many people make in their lifetimes. In Ogun State, Nigeria, as in many other states, there are many opportunities—but also many pitfalls. One of the major risks a property buyer faces is acquiring land that is under government acquisition (i.e., land that the government has legally taken, or intends to take, for public use). If you purchase such land without knowing its status, you may lose your investment, face legal battles, or be forced to vacate.

In this article, we will walk you through everything you need to know to check whether a property in Ogun State is under government acquisition. We’ll explain the relevant laws and agencies, steps to carry out searches, documents to review, practical tips, risks, and what to do if you discover the land is under acquisition. By the end, you’ll have a detailed checklist you can use to protect yourself when considering buying property in Ogun State.

If you’re serious about making a property purchase, read on. And at the end, there’s a call to action: what you should do now to ensure you’re safe.

Overview: What Is Government Acquisition?

Before checking whether a property is under government acquisition, you need to understand what this means, how acquisition works legally in Nigeria, and specifically in Ogun State.

• Definition: Government acquisition refers to the legal process by which a government (federal, state, or local) takes ownership of private land (or property) for public purposes such as roads, government buildings, infrastructure, utilities, etc. Sometimes called eminent domain.

• Legal Basis in Nigeria:
  Under the Land Use Act of 1978, all land in each state of Nigeria is vested in the governor of the state to be held in trust for the people. The government has power to acquire land for public interest subject to compensation. Acquisitions must follow due legal process.

• Ogun State Specifics:
  Ogun State has its own Land Administration and Revenue Management System (OLARMS). There are agencies like the Bureau of Lands and Survey, the Ministry of Physical Planning & Urban Development, and others involved in land matters. The state also runs programmes to regularise documents and to register properties, especially for properties falling under government acquisition. lands.ogundev.com.ng+2charlesokogene.com+2

• Why It Matters:
  If a land is under acquisition or reserved for acquisition and you buy without verifying, the government may reclaim it (sometimes with or without adequate compensation), your title may be invalid, you may pay again, or find yourself embroiled in litigation. Also, government acquisition tends to bring restrictions, disruptions, or even demolition or eviction.

Legal & Institutional Framework in Ogun State

To check if a land is under acquisition, you need to know the institutions, laws, and administrative units to go through. Here are the key players and laws to be aware of.

Relevant Laws

1. Land Use Act 1978

   • Vesting of land in state governors in trust for the people.

   • Powers of acquisition and requirement of compensation.

   • Regulation of land tenure, issuance of Certificates of Occupancy (C of O).

2. State Laws and Regulations
   Ogun State has laws on land ratification, anti-land grabbing, planning, zoning and land use. These laws provide mechanisms for handling acquisition and protecting the rights of private owners.

3. Local Government Laws & Regulations
   Some local or municipal administration laws may affect planning approvals, zoning, road setbacks etc.

Key Institutions / Agencies

• Ogun State Bureau of Lands and Survey: The central agency responsible for surveying lands, mapping, maintaining records of land ownership, land acquisition, etc.

• Ogun State Land Administration and Revenue Management System (OLARMS): The portal & body through which many land administrative services are provided, including property registration, land search, Certificate of Occupancy (C of O) issuance, and regularisation programmes. lands.ogundev.com.ng+1

• Ministry of Physical Planning & Urban Development: Responsible for zoning, planning approvals, land use designations.

• Ministry of Justice / Commissioner for Justice: Legal oversight, where disputes or fraudulent acquisition claims are challenged.

• Ministry of Agriculture / Bureau of Lands & Survey (for certain land use categories): Since some lands might be under agricultural or other specialized agencies, you may need to check with them. The Guardian Nigeria+1

• Office of the Surveyor-General: holds survey plans, maps, and geo‑referencing data of land parcels.

Steps to Check If a Property Is Under Government Acquisition in Ogun State

Here’s a detailed, step-by-step procedure you can follow (or engage a professional to help you follow) to ascertain whether a property is under government acquisition.

Step 1: Obtain Key Documents from the Seller / Vendor

Before you do anything else, collect certain documents from the seller. These are essential to run your checks.

• Survey Plan (Approved by Surveyor‑General’s Office)

  • The plan must show the parcel boundaries, coordinates, size.

  • Look for approval stamps, survey number, date, signatures.

• Title Documents

  • Certificate of Occupancy (C of O), if issued.

  • Deed of Assignment, Deed of Conveyance, or any prior title document.

  • Previous instruments (if there were multiple owners).

• Governor’s Consent (if required)

  • In Nigeria, transfer of interest in land usually requires Governor’s Consent under the Land Use Act.

• Any existing notices, letters, or government gazettes

  • Sometimes there may be published notices of acquisition, gazetted reservations, notifications.

• Definition / Addresses of Property

  • Precise location: LGA, town, district, plot/lot number, boundaries.

Step 2: Conduct a Land Search via OLARMS / Bureau of Lands & Survey

• Visit the OLARMS portal or physical office. Ogun State’s OLARMS system allows for land search services among their offerings. lands.ogundev.com.ng

• Request a land search report. This usually reveals whether the land is:

  1. registered in the name of the claimed owner

  2. whether there is any government acquisition order / interest on the land

  3. whether there are any reserved or committed uses such as for roads, public utilities, government projects

• Check records for government acquisition programmes within the area. Sometimes the state government publishes planned acquisition areas or has maps of lands under takeover.

• Check Certificate of Occupancy records: often in the OLARMS or Bureau of Lands & Survey, if a C of O has been issued, its details are recorded, the status noted, and whether it is free, or has any encumbrance.

• For newly built or informal structures, check with Property Registration Programme (PRP) under OLARMS if the land is being regularized. charlesokogene.com+1

Step 3: Confirm the Status with Office of the Surveyor‑General & Physical Inspection

• Take the survey plan (or plot description) to the Surveyor‑General’s Office. Match the coordinates to the official map. See if the parcel overlaps with areas the government has earmarked for acquisition (roads, public infrastructure, expressways, corridors, railway lines, etc.).

• Carry out a site inspection: physically visit the land. Look for signs of government marking (e.g., government notices, public announcement boards, construction sites, infrastructure works nearby).

• Engage a licensed surveyor to verify that the plan reflects what is on the ground (check for overlaps, encroachments, discrepancies).

Step 4: Review Government Publications / Gazette Notices

• Acquisition usually involves gazette notices or public notices. Request or search for gazette documents where the government publishes acquisition of private lands.

• Ogun State government sometimes publishes acquisition/reservation or acquisition mapping via the Bureau of Lands & Survey or in state gazettes.

• Check whether the property is part of any special programmes of acquisition or right‑of‑way corridors (e.g., highways, rail, expressways), or special estate acquisition projects.

• If you are dealing with areas near major roads or proposed infrastructure, check official planning maps and planning permissions. The Ministry of Physical Planning & Urban Development might have zoning plans or planning maps showing land earmarked for government projects. Radio Nigeria Ibadan+1

Step 5: Legal Search at the Registry / Ministry of Lands

• Visit the Ministry of Lands / Bureau of Lands and Survey in Ogun State physically (Abeokuta or relevant local office) and request for land registry search.

• Provide the documents you have (survey plan, title document, property description).

• Check for encumbrances: government acquisition orders, mortgages, court cases, judgments, interface with government rights.

• Ask whether the land is “committed” for government acquisition or has a pending acquisition.

Step 6: Check Local/Community Records & Municipal Notifications

• Sometimes local government, traditional/community authorities, or planning authorities may have local notice of acquisition or public hearing.

• Visit the Local Government Council Secretariat or town planning office where the land is located.

• Speak to neighbours, chiefs, community leaders; sometimes there’s informal knowledge about upcoming or past government acquisition in the area.

• Attend community meetings, check notice boards, or local publications.

Step 7: Verify via OLARMS / State Government Portals and Digital Tools

• Use the OLARMS online services. Ogun State has digital tools to perform searches, track transactions, see whether a property is in state‑acquired area, etc. lands.ogundev.com.ng

• Check whether the land appears in the Property Registration Programme as part of government acquisition or regularisation. lands.ogundev.com.ng+1

• Some state governments offer mapping tools, GIS or geo‑referencing information. See if Ogun has any GIS map of acquired lands.

Step 8: Engage a Qualified Lawyer / Legal Practitioner

• Lawyers with experience in land law in Ogun State can advise, review documents, conduct all searches, and confirm your findings.

• Ask the lawyer to review all title documents, survey plans, gazette publications, registry results.

• If needed, obtain certified search letters, affidavits, or legal opinions.

Step 9: Assess Compensation or Excision (If Applicable)

• If land is under acquisition, check whether it has been excised (released from acquisition) by the government. Sometimes, land is acquired but later released or excised, allowing private ownership/use.

• Check whether the acquisition order includes compensation and whether compensation has been paid.

• If the government has already commenced acquisition, see if there is a valid acquisition notice and whether due process (valuation, payment, etc.) has been carried out lawfully.

Step 10: Make Decision, Negotiate or Walk Away

• If all your checks show the land is not under acquisition, that’s good—but always document your findings.

• If it is under acquisition, see whether the acquisition order is valid, whether you can buy with condition, whether the government is willing to release it, or whether you can get compensation.

• Sometimes negotiation with the government or requests for excision are possible.

Risks & Consequences of Buying Land Under Acquisition

Knowing what can go wrong helps you understand why doing the above steps is critical.

• Total loss of investment if government reclaims property and you have no legal title.

• Legal disputes: you may be dragged into court; lose in litigation; pay for legal fees.

• No realistic compensation: even when compensation is offered, sometimes it is delayed or undervalued.

• Inability to get title documents like C of O, Governor’s Consent, etc., because government overlays may override private claims.

• Difficulty in resale, financing, or transfer if the title is tainted or uncertain.

• Risk of forced eviction or demolition, especially if government infrastructure projects or acquisition plans begin.

Case Studies & Recent Examples in Ogun State

To illustrate how this happens in real life, here are some examples and observations from Ogun State:

1. The Fibiwoga Family / Odogbolu Case

   • The Fibiwoga family claimed ownership of ~350 acres via a customary court judgment. The Ogun State Ministry of Justice investigated and determined that the land is under government acquisition, housing university properties and other state uses. The judgment was declared fraudulent and improperly obtained. Independent News+1

   • The case shows how even when someone has a court judgment, the land may still fall under acquisition and the government’s interest can challenge ownership.

2. WhatsApp / Estate Scenarios

   • Many properties are marketed “cheap” by agents who do not disclose that property is under acquisition. Prospective buyers are often misled. Independent verification reveals governmental claims or that lands are committed for future infrastructure. This kind of scenario is warned repeatedly by government agencies. Legit.ng – Nigeria news.+2Business Post Nigeria+2

3. OLARMS Property Registration & Ratification Programmes

   • Ogun State has run programmes (e.g. PRP) to regularise properties, even in areas under acquisition or formerly under such acquisition, issuing titles for them after ratification. For example, in Ifo LGA and other areas, ratification has been ongoing, helping owners of affected lands get proper documentation. charlesokogene.com

4. Waiver / Discount Programmes

   • The state has in past offered waivers or concessions (discounts) to owners whose properties fall under acquisition zones, to regularise their documents and obtain C of O’s. Independent News+2lands.ogundev.com.ng+2

These cases demonstrate both the prevalence of acquisition claims and also that with proper procedure, some affected owners have had remedies or legal regularisation.

Checklist: Things to Do / Questions to Ask

Before committing to purchase, run through this checklist. If any item raises doubts, pause and investigate further.

Practical Tips & Best Practices

Here are guidelines to help you avoid pitfalls and navigate the process more smoothly.

• Always insist on original documents. Copies may hide alterations or omissions.

• Photograph and record everything: Survey plan, title docs, physical landmarks.

• Engage professionals early: Surveyors, lawyers, land consultants. Their experience can save you from costly mistakes.

• Don’t rely solely on what vendor or agent says. Always verify via state agencies. Many sellers might omit or misrepresent acquisition status. Legit.ng – Nigeria news.

• Check current planned infrastructure: Government may not have formally acquired yet, but plans may be public (roads, expressways, corridors). Buying near such planned developments may carry risk of future acquisition.

• Stay updated on state‑government programmes: Sometimes the government offers regularisation programmes for lands under acquisition zones. Getting involved early may give you better chance of obtaining a title.

Sample Timeline & Cost Estimate

Below is an estimated timeline and typical costs (these can vary depending on location, size of land, backlog, etc.).

What To Do If You Discover the Property is Under Government Acquisition

If, after all your checks, you find the land is under government acquisition (or committed for acquisition), here are your options and what to expect.

1. Verify the acquisition order / notice

   • Obtain official acquisition documents.

   • Check when acquisition started, whether compensation is provided, whether you are affected.

2. Check if the acquisition is valid

   • Is due process followed (gazette, notice, compensation, etc.)?

   • Is the acquisition still active or has it been excised / released?

3. Consider requesting excision or release

   • Sometimes, if smaller portions are not needed for the public project, government may excise them and restore private control.

4. Compensation

   • If your ownership is valid and you are displaced by acquisition, you may be entitled to compensation. Lawyers can help with valuation, negotiation.

5. Negotiate with vendor / government

   • If you are still interested, and situation allows, you may negotiate to get the land after acquisition, or buy from government.

6. Walk away if risks too high

   • If uncertainty remains, or vendor can’t provide documentation, or acquisition is long pending or contentious, sometimes it’s safer not to proceed.

Local Ogun State Programs & Resources that Help

Ogun State has some programs, systems, and resources that help property owners and prospective buyers.

• OLARMS: offers registration, land search, issuance of C of O, property registration programme (PRP). lands.ogundev.com.ng+1

• PRP / Ratification Programmes: To help owners in areas previously under acquisition or with irregular documentation to regularise their holdings. charlesokogene.com+1

• Waivers / Concessions: For property owners within government acquisition zones, Ogun State has in past given discounts or waivers to make regularisation and obtaining titles cheaper. OGTV+1

• Enforcement & Public Warnings: The state government (Bureau of Lands & Survey, Ministry of Justice) regularly issues warnings against land grabbers, illegal acquisitions, and advises due diligence. Independent News+2Business Post Nigeria+2

Common Misconceptions & Myths

It’s also useful to be aware of myths or misleading beliefs around land acquisition:

• “If someone has lived there for many years, acquisition does not affect them.”
  Not necessarily true. Even longstanding occupation may be overridden if government legitimately acquires land, though compensation or process should be followed.

• “If there is no visible notice, acquisition has not been done.”
  Sometimes notices are poorly published, or documents are missing. Absence of visible notice does not mean absence of acquisition.

• “Certificates or deeds guarantee complete safety.”
  They help, but sometimes title documents can be challenged based on acquisition orders, or documents may have defects (missing consents, overlapping surveys, etc.).

• “Buying from the community / chiefs = safe.”
  Traditional or community confirmation is helpful but not sufficient, since statutory land records and acquisition law have precedence.

Step‑by‑Step Sample Process: A Hypothetical Example

Here’s a detailed hypothetical example to illustrate how a prospective buyer might apply these steps.

Scenario: Jay wants to buy a 1‐acre plot in Ifo Local Government Area, Ogun State. Vendor claims to own original title and shows a survey plan. Jay seeks to be sure the land is not under acquisition.

1. Vendor gives Jay a survey plan (with coordinates) and a deed of assignment. Jay obtains photocopies.

2. Jay goes to OLARMS website, requests a land search by parcel description and survey number. He also visits the physical Bureau of Lands and Survey office to view records.

3. Jay visits the Surveyor‑General’s Office, matches the coordinates on the plan to official map, checks whether the plot overlaps with any active or pending government infrastructure projects (road, railway corridor).

4. Jay checks gazette publications for acquisition notices covering that area; he asks the Ministry of Physical Planning whether there are plans for public roads, expressways, or expansion that might affect that land.

5. Jay retains a licensed surveyor to verify the boundaries on the ground.

6. Jay also engages a lawyer to verify all title documents (C of O if any, Governor’s Consent), and to search at the registry for encumbrances or pending acquisition.

7. Results: The land appears in the planned corridor for a new highway, but no acquisition order has been gazetted yet. The survey plan shows overlap with proposed corridor.

8. Decision: Jay negotiates with vendor, reduces offer because of risk, or perhaps asks vendor to wait until acquisition is cleared or excised; possibly proceeds only if vendor can assure clear ownership, or walks away.

What to Watch For: Red Flags & Warning Signs

Here are warning signs that a property might be under government acquisition (or soon will be):

• The vendor is unwilling or unable to produce full original documents (survey plan, title, C of O, etc.).

• No Governor’s Consent for transfers (where required).

• Survey plan not approved, missing or fake survey numbers, or conflicting boundaries.

• The land is near major roads or forthcoming infrastructure projects.

• Land is being sold “cheap” relative to neighbourhood prices, especially if seller claims urgency.

• Vendor claims “government has not yet paid for acquisitions” or “acquisition may not happen” – vague statements.

• The land appears in old maps or planning documents as reserved or committed for public uses.

• Community or neighbours have heard of government notices, but no formal documentation shown.

• Overlapping claims: more than one person claims ownership.

Legal Remedies & How to Protect Yourself

If you find yourself already involved in a purchase or suspect something is wrong, here are legal steps you can consider:

• Demand disclosure from vendor of all acquisition‑related documents.

• Obtain a legal opinion confirming whether acquisition, excision or government interest affects title.

• Seek an injunction if necessary (to stop sale or vacate until status is clear).

• File a public record search at registry or appropriate offices.

• Bring action in court if vendor misrepresented status of land, or if you suffer loss.

• Engage government agencies like the Bureau of Lands & Survey, Ministry of Justice to clarify status.

• Secure title through regularisation programmes where available (OLARMS etc.).

Tools & Resources Available in Ogun State

Here is a list of specific resources, programmes, tools, or offices in Ogun State you can leverage.

• OLARMS (Ogun State Land Administration & Revenue Management System) — state portal for land administration, land search, transaction tracking, registration, C of O application, etc. lands.ogundev.com.ng

• Property Registration Programme (PRP) — regularises properties, assists owners in acquiring titles, especially in areas under acquisition or irregular documentation. charlesokogene.com

• Bureau of Lands & Survey, Ogun State — physical offices for surveys, maps, land records.

• Office of Surveyor‑General, Ogun State — the source of official survey maps, coordinate checks.

• Ministry of Physical Planning & Urban Development — for planning maps, zoning, use designations.

• Ministry of Justice / Attorney General — for legal opinions, dispute resolution, challenge of fraudulent claims.

• Community / Local Government Offices — for local knowledge, notices, meetings.

Recommended Checklist Before Buying (Summary)

Here is a concise checklist summarising what you should have checked / done before you commit to buying land in Ogun State to avoid purchasing property under government acquisition.

1. Collect and verify Survey Plan (approved, coordinate‑accurate).

2. Examine Title Documents (C of O, deed, etc.) – original, valid, registered.

3. Confirm Governor’s Consent (if required for transfer).

4. Perform Land Search via OLARMS / Bureau of Lands & Survey.

5. Check records of Government Acquisition / Gazette Notices.

6. Match plan with official maps via Surveyor‑General’s office.

7. Physically inspect the land.

8. Engage qualified surveyors and lawyers.

9. Check local community information and planning maps.

10. If land is under acquisition, explore excision, negotiation or find alternate property.

Frequently Asked Questions (FAQs)

Q1: What if I already bought the land and later find out it was under acquisition?
A: You may have few remedies depending on how far things have progressed. You might be eligible for compensation, or if acquisition has not yet been completed, you may apply for excision. You should consult a lawyer immediately.

Q2: Does having a Certificate of Occupancy fully protect me?
A: It provides strong title, but it doesn’t guarantee there is no government interest or acquisition. If C of O was issued before acquisition or overlapped with acquisition plans, there may still be complications. Always check acquisition status separately.

Q3: What is excision?
A: Excision is when government formally removes or releases a portion of land from an acquisition or reserved status, restoring private rights. It means the land is no longer subject to the planned acquisition or reservation.

Q4: How long does the acquisition process take?
A: It varies. Acquisition involves several steps: notices, valuation, compensation, etc. It can take months or years, depending on government efficiency, disputes, negotiations, and sometimes courts.

Q5: Can government decide to take over land even without telling me?
A: Legally, there are requirements for notices (often via gazette or local public announcement), compensation, and due process. However, in practice, lapses happen. That’s why conducting official searches is crucial.

Conclusion

Buying land is a major investment, and in Ogun State, as elsewhere, being unaware of government acquisition issues can lead to major financial loss and legal trouble. But with the right steps—careful document collection, registry checks, survey verification, legal assistance, and staying aware of government plans—you can safeguard your investment.

If you’re considering a purchase, don’t rush. Use this guide and checklist to do your due diligence.

Contact Us

Chaman Law Firm 115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel,  Ikeja, Lagos 📞 0806 555 3671, 08096888818,📧 chamanlawfirm@gmail.com 🌐 www.chamanlawfirm.com