Land Registration in Lagos; Ultimate Guide on How to Obtain a Governor’s Consent in Lagos, Nigeria – 2024
Introduction
Owning land in Lagos, Nigeria, is a significant achievement, but to ensure that your ownership is legally recognized, obtaining the Governor’s Consent is crucial. The Land Use Act of 1978 vests land ownership in the hands of the state government, making it mandatory for landowners to secure the Governor’s Consent when transferring or assigning property rights. Without this consent, any transaction involving land lacks legal backing and can be deemed void.
This guide will walk you through the process of obtaining a Governor’s Consent in Lagos in 2024, ensuring you avoid legal pitfalls and secure your property rights effectively.
Understanding the Governor’s Consent
What is Governor’s Consent?
Governor’s Consent is the approval granted by the Governor of a state before any transfer of land ownership can be considered legal. This consent validates the transaction and allows for proper documentation at the Land Registry. It applies primarily to land held under a Certificate of Occupancy (C of O) and ensures compliance with the Land Use Act.
Why is Governor’s Consent Important?
- Legal Ownership: It confirms the legal transfer of land and prevents disputes.
- Bank Transactions: Without Governor’s Consent, land cannot be used as collateral for loans.
- Protection Against Fraud: Ensures that property transactions are legitimate and recorded.
- Enhances Market Value: Properties with Governor’s Consent are more valuable and easier to sell.
Step-by-Step Process of Obtaining a Governor’s Consent in Lagos
Step 1: Prepare the Required Documents
To obtain Governor’s Consent, the following documents must be provided:
- Application letter to the Governor
- Duly completed Form 1C (Governor’s Consent Form)
- Deed of Assignment (duly stamped)
- Current Survey Plan
- Certificate of Occupancy (if applicable)
- Evidence of land use charge payment
- Means of identification (National ID, International Passport, or Driver’s License)
- Tax clearance certificate of both parties
Step 2: Submit Application to the Lagos State Land Bureau
Once all documents are gathered, they should be submitted to the Lagos State Land Bureau for processing. The application is then reviewed to ensure compliance with land regulations.
Step 3: Payment of Processing Fees
The applicant is required to pay the prescribed fees, which typically include:
- Application processing fee
- Consent fee (usually 1.5% of the land value)
- Stamp duty
- Capital gains tax (if applicable)
- Registration fee
Step 4: Verification and Site Inspection
The Land Bureau conducts a site inspection to verify the details provided in the application. This step ensures that there are no encumbrances or disputes concerning the land.
Step 5: Issuance of Governor’s Consent
Upon successful verification and fee payment, the Governor’s Consent is approved and issued. This document is then registered at the Lagos State Land Registry, finalizing the process.
Challenges in Obtaining Governor’s Consent
Despite the clear process, several challenges may arise, including:
- Bureaucratic Delays: The process may take longer due to administrative bottlenecks.
- High Cost: The associated fees can be expensive, making it difficult for some landowners to comply.
- Documentation Errors: Mistakes in documentation can lead to application rejection.
How to Overcome These Challenges
- Engage a legal expert or property consultant to handle the process.
- Ensure all documents are complete and correctly filled.
- Follow up regularly with the Land Bureau to track application progress.
Legal Precedents on Governor’s Consent
The Nigerian courts have emphasized the importance of Governor’s Consent in several landmark cases:
- Savannah Bank v. Ajilo (1989): The Supreme Court ruled that any transaction without the Governor’s Consent is null and void.
- Akinfolarin v. Akinola (1994): Reinforced the principle that land transactions must comply with the Land Use Act.
- Adedeji v. NBN Ltd (1989): Highlighted that failure to obtain Governor’s Consent renders a transaction unenforceable.
These cases underscore the necessity of obtaining Governor’s Consent to avoid legal disputes and invalid transactions.
Conclusion
Securing Governor’s Consent in Lagos is a fundamental step in land transactions, ensuring legality, security, and value appreciation. While the process may seem complex, proper documentation and adherence to legal procedures can make it seamless.
For expert legal assistance in obtaining Governor’s Consent, CHAMAN Law Firm provides professional guidance to ensure your property transactions comply with the law. Visit CHAMAN Law Firm to learn more.
By following the outlined steps and understanding the legal implications, landowners can confidently secure their property rights in Lagos, Nigeria, in 2024.
WRITTEN BY CHAMAN LAW FIRM TEAM
EmaiL: chamanlawfirm@gmail.com, info@chamanlawfirm.com
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