Are you a first time land buyer or a real estate investor who wants to know more about Governor’s Consent in Real Estate? If you are, then reading this post will benefit you a lot.
In Nigeria’s intricate land administration structure, Governor’s Consent plays a pivotal role in legitimizing land transactions.
Introduced through the Land Use Act of 1978, this essential legal requirement goes beyond mere paperwork, it is a fundamental safeguard that protects ownership rights and ensures the legality of all property dealings across the country.
What is Governor’s Consent?
Governor’s Consent is the official approval granted by the state Governor for any subsequent transaction involving land that already has a Certificate of Occupancy (C of O). It confirms the legitimacy of the transfer and ensures the land is not under government acquisition or facing any restrictions.
According to Sections 21 and 22 of the Land Use Act (1978), no land transaction is legally valid without obtaining the Governor’s Consent.
Here’s how it works:
- The original allottee or first owner of undeveloped land receives a Certificate of Occupancy.
- Any later transfer, whether by sale, gift, or mortgage, must be approved through Governor’s Consent.
This process not only ensures a transparent chain of ownership but also protects against fraudulent or illegal land dealings.
Why is Governor’s Consent Necessary in Nigeria?
Obtaining Governor’s Consent is not just a legal formality, it’s a critical step that protects your rights as a landowner. It ensures that your land transaction is recognized by the state government and confirms that the seller is legally allowed to transfer ownership.
Without this consent, your transaction is considered invalid under Nigerian law, putting your investment and property rights at risk.
Key Reasons You Need Governor’s Consent
Here are reasons you need Governor’s Consent:
- Legal Validity:
Governor’s Consent gives your land purchase official recognition, making the transaction legally binding and safeguarding you from future ownership disputes. - Protection from Fraud:
It helps verify that the land hasn’t been previously sold to others or encumbered, reducing the risk of buying land with hidden legal issues. - Ease of Future Transactions:
If you plan to sell, transfer, or mortgage the property in the future, having Governor’s Consent makes the process much smoother and legally sound.
When Do You Need Governor’s Consent?
Governor’s Consent is required in several situations, including:
- Buying Land:
If the land already has a Certificate of Occupancy and you are purchasing from a previous owner, you must obtain Governor’s Consent to complete the sale. - Transferring Ownership:
Whether through inheritance, gift, or sale, the transfer of land ownership requires Governor’s Consent for it to be legally recognized. - Using Land as Collateral (Mortgage):
If you’re securing a loan using your land, the Governor’s Consent is needed to approve the mortgage transaction.
Requirements for Obtaining Governor’s Consent
To successfully obtain the Governor’s Consent in Nigeria, specific documents and procedures must be followed. Below are the key requirements:
1. Deed of Assignment
A comprehensive legal document prepared by the buyer’s lawyer, which must include:
- Complete details of all parties involved in the transaction
- The agreed purchase price
- Precise land measurements and description
- An attached survey plan
- Signatures of all parties and witnesses
- Official stamps and seals
2. Form 1C
This essential document must be signed by either:
- A traditional family with a Gazette or Global C of O
- An individual holding a private Certificate of Occupancy
The form must be signed in the presence of a legal practitioner to ensure accuracy and avoid errors that could lead to rejection and delays.
3. Survey Plan
An accurate and up-to-date survey plan of the property, detailing:
- Property boundaries
- Location coordinates
- Land measurements
- The surveyor’s official stamp and registration number
These documents establish the foundation for a successful application for Governor’s Consent.
Process of Obtaining Governor’s Consent
The journey to securing the Governor’s Consent involves multiple steps that ensure compliance with legal requirements. Below is a breakdown of the process of getting a governor’s consent
Application Stage
- Submission of the application through the state’s Lands Bureau or relevant agency
- Payment of all required official fees
- Provision of a complete documentation package
Assessment and Verification
- Property inspection by state officials to confirm boundaries and land use
- Document verification to confirm authenticity and accuracy
- Title search at the land registry to ensure there are no encumbrances on the property
Processing and Approval
- Technical assessment of the application by relevant authorities
- Calculation of consent fees based on the land’s value
- Final review by authorized officials
- Issuance of the Governor’s Consent or equivalent approval
Registration
- Assignment of a unique consent number to the transaction
- Recording of the transaction in the state’s land registry
- Stamping and certification of final documentation
This structured process ensures that all land transactions comply with Nigeria’s land laws.
Implications and Benefits of Governor’s Consent
Financial Benefits
1. Property Value
- Enhances the market value of the property
- Makes the property more attractive to potential buyers
- Facilitates smoother property transactions
2. Investment Security
- Allows property to be used as collateral for loans
- Attracts serious investors and developers
- Reduces risks for real estate investments
Legal Security
1. Provides Valid Title
- Creates uncontestable proof of ownership
- Protects against fraudulent land claims
- Establishes a clear chain of title documentation
2. Transaction Protection
- Validates the legal transfer of property rights
- Ensures compliance with the Land Use Act
- Safeguards the interests of both buyers and sellers
Challenges in Obtaining Governor’s Consent
Cost Implications
1. Official Fees
- Government-mandated processing fees, which vary by state.
- Charges for document registration and stamp duties.
2. Additional Expenses
- Fees for professional services, such as lawyers or surveyors.
- Costs for preparing accurate documents.
- Administrative expenses incurred during the application process.
Administrative Issues
1. Processing Delays
- Extended waiting periods beyond official timelines.
- Complex bureaucratic procedures requiring patience.
- Multiple levels of approval before final issuance.
2. Documentation Challenges
- Strict requirements for document preparation
- Multiple verification stages that may delay processing
- The need for professional assistance to avoid errors
Solutions and Best Practices
Efficient Processing
1. Professional Assistance
- Engage experienced property lawyers to guide you
- Work with registered estate surveyors to prepare survey plans
- Ensure all documents are properly reviewed before submission
2. Compliance Measures
- Follow prescribed application procedures diligently
- Submit a complete documentation package to avoid delays
- Respond promptly to any inquiries or requests for additional information
Additional Tips for Success
- Conduct thorough research before purchasing any land to verify the status of the land registry.
- Keep copies of all submitted documents for your records.
- Engage a lawyer familiar with land transactions in the specific state where the property is located.
In conclusion, securing Governor’s Consent is not optional, it is a legal obligation that safeguards land rights and upholds the integrity of property transactions in Nigeria.
