Documents You Must Know In Real Estate
Land Document In Lagos Nigeria – Land Titles To Know You Should Know Before Buying Land Or Real Estate Properties In Lagos
For you to be a Pro in real estate, you need a detailed understanding of some key documents in order to guide and educate yourself before buying your next landed properties. Prices of land are largely determined by the titles a piece of land has or by its nearness to a major landmark.
Documents you must know in this business
A Survey plan is a document that measures the boundary of a parcel of land to give an accurate measurement and description of that land. The people that handle survey issues are Surveyors and they are regulated by the office of the Surveyor-general in Lagos as it relates to survey issues in Lagos. A survey plan must contain the following information:
1. The name of the owner of the land surveyed
2. The Address or description of the land surveyed
3. The size of the land surveyed
4. The drawn-out portion of the land survey and mapped out on the survey plan document
5. The beacon numbers
6. The surveyor who drew up the survey plan and the date it was drawn up
7. A stamp showing the land is either free from Government acquisition or not
Land Use Decree on the 28th of March, 1978 that vested all lands in every state of the Federation under the control of the State Governors. The Land Use Act coupled with other laws made it possible for the Governor who is now the owner of all lands in the state to actually have the power to Acquire more lands compulsorily for its own public purpose to provide amenities for the greater good of the citizens.
Fortunately, the government recognises that indigenes of different sections of the country have a right to existence – a right to the land of their birth. Hence, it is customary for state government to cede a portion of land to the original owners (natives) of each area.
An Excision means basically taking a part from a whole and that part that has been excised will be recorded and documented in the official government gazette of that state.
A Gazette is an official record book where all special government details are spelt out, detailed and recorded. A gazette will show the communities or villages that have been granted excision and the number of acres or hectares of land that the government has given to them. It is within those excised acres or hectares that the traditional family is entitled to sell its lands to the public and not anything outside those hectares of land given or excised to them.
A Gazette is a very powerful instrument the community owns and can replace a Certificate of Occupancy to grant title to the Villagers. A community owning a gazette can only sell lands to an individual within those lands that have been excised to them and the community or family head of that land has the right to sign your documents for you if you purchase lands within those excised acres or hectares of land.
DEED OF ASSIGNMENT
A Deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land to that the Seller that has just bought land.
The Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s Consent or _Registered Conveyance
CERTIFICATE OF OCCUPANCY
A Certificate of Occupancy (C of O) issued by the Lagos State Government officially leases Lagos land to you, the applicant, for 99 yrs. As already indicated above, all lands belong to the Government.
A C of O, however, is the officially recognised Document for demonstrating Right to a Land.
What happens after 99 years? That question is still subject to debate among experts. Most have adopted a wait-and-see attitude. Others postulate that as the new owner of the land, you the buyer can renew the certificate of occupancy when it expires. That makes sense, but for now is largely a case of “We shall see when we get there”.😄
Meaning & Brief History of Gazette
Before the Land-Use Act in 1978 was enacted, Traditional families who had so much land power under their control benefited from taking pleasure over all the rights given to the landowners. Because of this mega-power, they wielded the land, they gave out lands to individuals under a tenancy system for them to use the land either for fishing or farming while they still maintained control over the portion of the land given to the individual. It wasn’t until the creation of Lagos Executive Development Board in the 1950s that individuals where now able to acquire land from the board directly in exchange for a sum of money instead of going to meet the traditional families to obtain land.
This led to the Traditional Families now splitting their lands to keep some for the family use and others for sale to individuals directly to compete with the Lagos Executive Development. This system still made the Traditional Families total top dogs in exercising exclusive rights with lands they chose to sell and the ones they chose to keep. This eventually led to the birth of land speculation in Nigeria because lands were very expensive to purchase and difficult to obtain. Because of this and other ancillary reasons, it finally led to the promulgation of the Land Use Decree on the 28th of March, 1978 that vested all lands in every state of the Federation under the control of the State Governors.
People could now directly obtain land from the Governor and the Governor could allocate land to the individual or Companies inquiring about land and issue certificate of occupancy to these people it has allocated land to.
The land use act coupled with other laws made it possible for the Governor who was now the owner of all lands in the state to actually have the power to acquire more lands compulsorily for its own public purpose to provide Amenities for the greater good of the citizens.
The Acquisition of land from the Family by the Governor who is now the custodian of all lands in the state was now empowered by the Land Use Act to take the general control and management of all URBAN land and any area designated as an Urban area by the Governor shall be published in an Official Government Record book known as the Gazette. Any area, community or village the Governor designates as an Urban Area is an Acquired land and the rest of the land it has not Acquired may be given back to the community it was acquired from in the form of an Excision. “An Excision means basically taking apart from a whole and that part that has been excised will be recorded and documented in the official government gazette of that state.”
So for example if in 1981, Victoria Island, Ikoyi and Lekki were all part of one big Community joined together called Oniru and it had no separation to know which area is called ikoyi, Lekki or V.I then and it has an approximate total area square meters estimate of 100,000 square meters and the Government is interested in that area and decides to take 70,000 square meters for its self for its own personal use as an Urban Area or public purpose, it will record this acquisition in the official government gazette and also record that the remaining 30,000 square meters has been left alone for the traditional family to have and do with it whatever it pleases it to do. This is the sweet relationship between a land under acquisition, an excision and gazette.
A gazette is an official record book where all special government details are spelt out, detailed and recorded. A gazette will show the communities or villages that have been granted excision and the number of acres or hectares of land that the government has given to them. It is within those excised acres or hectares that the traditional family is entitled to sell its lands to the public and not anything outside those hectares of land given or excised to them.
If they decide to sell anything outside the excised land, then that land is under acquisition by the government and it is a very bad land to buy.
Special Features of a Gazette include the following:
The first page of a Gazette must have the following unless it is a dubious or fake Gazette
👉 The Logo of the Country and the inscription of the title “LAGOS STATE OF NIGERIA OFFICIAL GAZETTE”
👉 Underneath it must have the Number, Volume, Page, Date and the Location it was signed into law e.g. No 26 in pages 200 to 291, Volume 87 dated 14th of August 2011 and have the contents of the list of the Villages, Settlements and parcels of land excised back to the community.
The Inner pages will show the following:
🔸The description of the Area or Village excised
🔸The number of Acres or Hectares of land excised to the Village
🔸Where the boundaries of the beacons start and stop
🔸The page the description of the Village excised.
A Gazette is a very powerful instrument the community owns and can replace a Certificate of Occupancy to grant title to the Villagers. A community owning a gazette can only sell lands to an individual within those lands that have been excised to them and the community or family head of that land has the right to sign your documents for you if you purchase lands within those excised acres or hectares of land. If the government based on some reasons best known to them decides to revoke or acquire your land, you will be entitled to compensation as long as it’s within the Excised lands given to that community.
The best way to know whether a land is under acquisition or has an excision that has been covered by a Gazette is to get a surveyor to chart the site and take it to the surveyor general’s office to do a land information to confirm whether it falls within the Gazette and spell out which particular location it can be found.