The first person who buys a piece of land that has never been occupied by anyone before and is not under government acquisition, is entitled to get a C of O on that land.
What this means is that, if you buy a piece of land from someone who already has a C of O on that land, you cannot get another C of O.
Similarly, if you buy a piece of land within an estate that already has a C of O, you still cannot get a C of O for your portion of land.
In simple words, there cannot be two Certificates of Occupancy on a piece of land
So, If you can’t get a C of O on your land, then what document can you get?
Answer: A Governor’s Consent.
Why Do You Need a Governor’s Consent?
Section 22 of the Land use act 1978 says:
“It shall not be lawful for the holder of a statutory right of occupancy granted by the Governor, to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise howsoever without the consent of the Governor first had and obtained”
What this statement means is that, if someone has been granted a C of O on a piece of land and he decides to sell it off to someone else, that transaction remains illegal in the eyes of the government until the new owner gets a governor’s consent which then makes the transaction legal.
In other words, if you buy a piece of land and do not get a governor’s consent, the government does not know that you own the land yet and if anything happens to you, the person who sold the land can reclaim it because in the eyes of the government, he still has rights to the land.
Even though you have a deed of assignment from the former land owner, it is advisable that you get a governor’s consent so that your mind can fully be at rest.
Owing to the fact that we are in a country where it is difficult to get things that are supposed to be easy, getting a governor’s consent which should take just 30 days may not be a walk in the park.
But then, with the following steps you can obtain a governor’s consent;
STEPS TO OBTAINING A GOVERNOR'S CONSENT ARE:
1. Obtain a Land Form1C and ensure that it is completed and signed by the parties involved in the transaction (buyer and seller).
This will serve as application to process a governor’s consent.
If you bought the land from an omo-onile then it must be signed by the omo-onile family, if you bought from a real estate company, you should send an application to the company.
Note however, that a governor’s consent will easily be processed on a land that either has a gazette or a C of O .
If the piece of land does not have a perfect title; it may be difficult to get a consent and even if you do, it does not perfect the title.
2. Ensure you collect a current tax clearance certificate from the seller, and you should have yours as well.
If you do not have this, an assessment will be raised for you immediately.
3. Submit these with the deed of assignment and the survey plan of the property attached to it and pay the required fees.
4. It is advisable you get a professional to guide you through these steps...
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