CHAPTER 2: LAND DOCUMENTS DEMYSTIFIED BY ADEN SHELTERS

*LAND DOCUMENTS DEMYSTIFIED BY ADEN SHELTERS*

✅  *EXCISION IN PROCESS WITH KL FILE NO*

This means the process of getting excision for a land has been initiated evidence by the KL File no.

Excision is the RIGHT of the community as the 1979 land use ACT recognizes ancestral ownership of land. 

This means there is high chances of approval than rejection.

✅ *EXCISION*

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 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.

Fortunately, the government recognizes 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 record of the state  called GAZETTE*.

✅ *GAZETTE*

Gazette means the official documentation of an already excised land in the Official Gazette of the state.

✅ *CERTIFICATE OF OCCUPANCY*

A Certificate of Occupancy (C of O) is the  official government document indicating that the *Statutory right* to parcel of land has been given to the first occupant for 99 years in accordance to the *Lagos Land use ACT of 1978*.

✅ *GOVERNOR'S CONSENT*

A governors consent can only be processed on a land with either Gazette or an Existing Certificate of Occupancy (C of O). 

If a person with land with C of O decides to sell his land, the only documents that can give the new buyer or every other subsequent buyers the right of occupancy or ownership is a governors consent. 

The powers of the Governor to consent to such transactions can be found in *Section 22 of the Land Use Act of 1978* which states thus *'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* This simply means therefore that even when a buyer has secured a land with a Certificate of Occupancy, he shouldn't stop there.

He needs to begin the process of obtaining a Governor's consent to make that  purchase legal in the eyes of the government and be rest assured his land is safe.

*DEED OF ASSIGNMENT*

A deed of assignment is one of the most important documents needed in a real estate transaction. It's a legal document that shows a contractual agreement between a seller and a buyer concerning the transfer of land or property in real estate transactions. So what exactly does a 'deed' mean?

*A deed is actually a special type of binding promise or commitment to do something.* 

Thus, a deed of assignment can be defined as *A legal document that shows a contractual 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, title, interest and ownership of that land or property to the buyer that has just bought the land or property .*

The person/seller who transfers his rights or interests in the land/property is known in law as the *Assignor*, while the person/buyer who receives such right or interest from the seller is known as the *Assignee*.

*CONTENTS OF A DEED OF ASSIGNMENT*

A deed of assignment contains very pertinent information about a real estate transaction, e.g.

a) Names of people (assignor and assignee)to the agreement.

b)  Date when ownership of the land/property transfers from one owner to the other. 

c) Addresses of both parties (assignor and assigned) involved in the transaction.

d) Specific description and location of the land/property that's to be transferred from seller to buyer.

e) Readiness, willingness and approval of the seller to give away the land/property to the buyer at the agreed price must also be indicated. 

f) The history of the land  in relation to the transfer of ownership of the land to the assignor (seller) from the specific period it was obtained by the assignor to the present date of sale. 

g) Assignor and Assignee covenants.

h) Signature of assignor and assignee to the deed of assignment.

I) Names and signatures of witnesses from both parties (assignor and assignee). 

j) Section for the Commissioner of oaths or Governor's consent to sign and validate the agreement. 

*It is important to note that a receipt should never substitute a deed of assignment.* Even when a receipt is issued to the buyer, a deed of assignment needs to be drawn to make the transaction legal and binding to both parties involved in the transaction. 

Finally, it is pertinent to point out that *A deed of assignment has to be recorded in the land registry to show legal proof and to bring to the notice of all and sundry that the property has exchanged hands*.

*GOVERNMENT LETTER OF ALLOCATION*

The land in question is in a government reserved area (GRA) which mean the location is duly noted by the land ministry under government scheme. 

Therefore for goverment to vest ownership of any of its reserved portion to any individual or entity, such person must have an allocation letter from the land ministry. Letter of Allocation come directly from the land registry after the land has been properly surveyed and deliminated by the government itself. 

After allocation the company can now pursue certificate of occupancy (CofO).

*ADEN SHELTERS*