Understanding Government-Acquired Land in Lagos
Executive Introduction
In Lagos, one phrase should halt your pen above any cheque: “government-acquired”. It is routinely misunderstood, carelessly marketed, and—if ignored—spectacularly expensive. This brief delivers a counsel-grade explanation of what “government-acquired land” actually means under Nigerian law, how it interacts with committed areas, excision, regularisation/ratification, revocation, compensation, and the practical steps to verify, structure, and contract safely.
Bottom line: If a prudent lender would not lend on the file you are about to buy, neither should you.
1) What Does “Government-Acquired” Mean?
Under the Land Use Act, all land is vested in the Governor to hold in trust. “Government-acquired” refers to land the Government has formally taken (by acquisition/notification) for public purposes. Within that universe:
Committed Areas: Portions already dedicated to a public use (roads, schools, government estates, pipelines, rights-of-way, drainage corridors, coastal setbacks). These are effectively non-negotiable—private titles do not validly arise here.
General Acquisition (Uncommitted): Land taken but not yet specifically committed to an immediate public use. From time to time, Government may excise clearly mapped portions back to designated communities/families.
If your coordinates fall inside a committed area, walk. If inside general acquisition, only proceed where there is documented excision and a bankable derivative title from that excised root.
2) The Four Key Instruments You’ll Hear About
Acquisition/Revocation Notices: The Government’s act of taking or revoking prior interests for public purpose.
Excision (and Gazette): A formal release of a mapped polygon from general acquisition back to a community/family—often later published in the gazette.
Regularization/Ratification: Case-by-case mercy route for persons already on acquired land; slow, discretionary, and not a promise of title until completed.
Global (Mother) C of O: A statutory grant over a large tract to a specific holder. Buyers must then take a derivative deed from that holder and obtain Governor’s Consent.
Never mistake any of these for your personal title. Your title is the derivative instrument (Deed of Assignment/Sublease, etc.) that is consented, stamped, and registered, with coordinates charted clean.
3) How Government-Acquired Land Impacts Buyers & Developers
Bankability: Assets inside committed areas are not bankable. Lenders reject them; insurers balk; buyers litigate.
Valuation: “Inside excision + consented derivative title” commands a premium; anything else is priced like a lawsuit.
Time & Cost: Regularization/ratification is uncertain and slow; price the risk, lock protections, or don’t proceed.
Demolition & Relocation: Building in ROWs, canal setbacks, pipelines or coastal buffers invites enforcement. “But others built there” is not a defence.
4) Verification—A Counsel-Grade Workflow (Print & Follow)
Step A: Paper Before Site
Ask for:
Root/chain to vendor (global C of O + assignments/consents or community root + excision/gazette + derivative deeds).
Your plot’s registered survey (hard + soft/CAD) with beacons.
Any layout approvals, planning/building permits (if developed).
Receipts for Land Use Charge, ground rent, estate dues.
Step B: Official Checks (Non-Negotiable)
Office of the Surveyor-General (OSG):
Chart your coordinates against acquisition/committed layers, excision polygons, ROWs/pipelines, waterways/coastal setbacks, overlaps.
Lands Registry:
Proprietor, encumbrances, cautions, pending consents; registration particulars.
Court Registries:
Any lis pendens or orders affecting the land/vendor.
CAC (if corporate vendor):
Directors/charges; authority to dispose.
Step C: Site & Boundaries
Independent surveyor to re-peg beacons; confirm access roads, drainage lines, encroachments; discreet neighborhood intelligence.
Outcome Gate:
Inside committed area → Abort (or restructure as a different site).
Inside general acquisition but outside excision polygon → High risk; only proceed if a fully deliverable regularisation exists (with price & timeline to match).
Inside excision polygon → proceed only with a bankable derivative title and consent–stamp–register path.
5) Excision: Boundary Story, Not Title Story
Excision identifies where the Government has released land; it does not transfer title to you.
You still need: Deed of Assignment from the recognized owners (head + principal members or their grantee) and Governor’s Consent, then stamping and registration.
Demand the gazette schedule or excision approval showing coordinates that cover your plot—then confirm at OSG.
6) Regularizations/Ratification: Mercy, Not Entitlement
It is discretionary and conditional. Treat “in process” as risk, not value.
If you must proceed, lock robust protections: escrow, conditions precedent, long-stop date, retention, and refund mechanics.
Price the uncertainty; never overpay for a promise.
7) Rights-of-Way, Pipelines & Coastal/Drainage Setbacks
Highways/arterials, canals/drainage, power lines, pipelines and coastal buffers are classic committed corridors.
Building there courts demolition or compulsory removal—irrespective of any private paper you signed.
Your OSG charting should explicitly clear these layers before exchange.
8) Contract Architecture That Protects You (Illustrative Clauses)
A) Condition Precedent (Title & Charting)
“Completion is conditional upon Buyer’s Counsel receiving: (i) certified excision/gazette pages confirming the Property’s coordinates lie within the excised polygon and outside any committed or ROW corridor; (ii) Land Registry search showing no undisclosed encumbrance; and (iii) a duly executed Deed of Assignment eligible for Governor’s Consent.”
B) Escrow & Long-Stop
“All monies shall be held in escrow and released only upon written confirmation that all CPs and Completion Deliverables are satisfied. If any CP remains unsatisfied by the Long-Stop Date, Buyer may rescind and receive a full refund within five (5) business days.”
C) Indemnity & Retention
“Vendor shall indemnify Buyer against losses from any defect in title, boundary discrepancy, or Government enforcement arising from acquisition/commitment conflicts. ₦… (or …%) of price shall be retained until issuance of Governor’s Consent (or specified clearance).”
(Tailor to your facts; these are signposts, not a substitute for bespoke drafting.)
9) Developer Playbook: Doing It Right on Formerly Acquired Land
Assemble only inside excised polygons or under a valid global C of O with a clear derivative/consent path.
Chart first, masterplan second—engineer drainage and respect ROWs before drawing a gatehouse.
Secure layout approval and planning/building permits before off-plan sales.
Escrow all buyer funds; tie releases to engineer-verified milestones.
Publish audited service-charge frameworks; documentation-as-product (consent-ready deed packs).
10) Red Flags—Walk or Restructure
“Inside acquisition but we’ll ratify”—with no written, deliverable plan.
“Inside gazette” claims without page/schedule and OSG confirmation.
Uncharted surveys; beacons not on ground.
Prior transfer missing Governor’s Consent with no credible cure.
Estate with glossy marketing but no approved layout or drainage design.
Refusal to route payments through escrow with CPs and a long-stop date.
Multiple “family attorneys” issuing conflicting receipts.
11) Bankability Checklist (Gold Standard)
Plot charted at OSG: outside committed layers/ROW/pipeline/coastal setback; inside excision polygon or under valid global C of O
Root & chain coherent; Governor’s Consent status mapped for each derivative link
Land Registry search clean (or valid discharge of charge)
Contract of Sale with warranties, CPs, indemnities, escrow, long-stop, retention
Deed of Assignment perfection-ready; survey annexed
Stamp → Register → Consent diarized and budgeted
If in estate: approved layout, bye-laws, audited service-charge, no-arrears letters
Insurance in force; LUC/ground rent current; utility/meter documentation
Digital vault of notarized scans; originals in fire-safe custody
12) Case Snapshot (Composite: Ibeju–Lekki Corridor)
Pitch: “Close to the express; gazette community; instant allocation.”
Findings: OSG charting placed client’s coordinates partly in a drainage corridor (committed). Gazette pages did not cover the exact polygon offered. Chain showed a historic assignment without consent.
Action: Conditional HoT with escrow, CPs (OSG clearance inside excision; consent path), and long-stop. Vendor declined escrow.
Outcome: Client walked. Later acquired a consent-clean plot inside a properly mapped excision; perfection concluded without friction.
FAQs (Concise Counsel)
Q: Can I build if my architect says we can “shift” the beacons a little?
A: No. Charting and beacons are legal boundaries, not suggestions.
Q: The estate is popular; won’t popularity protect me?
A: Popularity is not a defence to acquisition or ROW encroachment. Documents win.
Q: If Government later commits a corridor near me, can my consent be revoked?
A: Government may revoke for overriding public interest—subject to law and compensation. This is why charting & planning alignment before purchase is crucial.
Conclusion
“Government-acquired” is not a sales slogan—it is a legal status with permanent consequences. You protect yourself by charting first, buying only within excised or properly granted tracts, insisting on derivative titles that can be consented, stamped, and registered, and locking all of this into escrowed, buyer-protective contracts. If a bank would not lend on it today, step back.
Call to Action
For transaction-specific verification—OSG charting, registry searches, negotiation, escrow, drafting, Governor’s Consent, stamping and registration—brief us. We execute end-to-end with the precision of counsel.
