The title to a land is perfected when you register your title or interest in a Property with the Lagos State Government or the Governor of any state in Nigeria where the property you bought is situated. Governors Consent, Stamping, Registration are processes for perfection of title to land
Section 22 of the Land Use Act, 1978 requires that for every transfer of property in Nigeria, the Governor’s consent is required. The Act provides that all land in each state in the Federation is vested in the Governor of each State, whose prior consent is mandatory for the legal validity of any transfers or alienation of interest in a landed property. To this effect, the consent clause is an instrument itself.
The following documents are required in obtaining the Governor’s consent:
- Forwarding/Covering Letter (with date, address, telephone numbers and Email address);
- Chartable Survey Plan (4 Copies)
- Completed Form 1C;
- Certified True Copy (CTC) of Grantor’s title document;
- Duly Executed Deeds (4 copies) Spiral bound with Assignee’s signature on all pages).
- Picture of site with date and time showing adjoining properties
- Location Sketch properly drawn
- Charting and Endorsement/Form 1C Fee
- Copy of Identification (clear copy)
- Evidence of Red Copy Lodgement
- Administrative Fee
- Sworn Affidavit
- Development Levy
- Current tax clearance certificates of the assignor and assignee;
- For limited liability companies, the internal revenue certificate of PAYE Directors;
- Four copies of the deed of which consent is sought should be attached;
- Copy of the survey plan, as approved by the Surveyor General Office and a picture of the building;
- Evidence of payment for charting fee, endorsement fee, Form 1C;
- Evidence of payment of land use charge;
- Where the property is covered by a state leasehold or Certificate of Occupancy, evidence of payment of Ground Rent, up to date;
- Where the property is covered by a state Leasehold or Certificate of Occupancy, evidence of payment of Ground Rent, up to date;
- A photograph of the property;
- A copy of the applicant and/or his agent/legal representative’s identification.
The Stamp Duties Act which governs this procedure has laid down requirements and procedures for stamping your instruments. And these are:
- Forward the title document to the Stamp Duties Commissioner within thirty days of execution otherwise, you will be liable to pay the penalty.
- Ensure that you deliver at least two (2) copies.
- The Commissioner will assess add Valorem (based on value). It is usually between (3.5%) of the consideration of the transaction.
- Payment should be made by bank draft and sometimes in the name of the state government.
- Upon making payments, the commissioner will impress on the instrument the words, “stamp duty paid”.
Every instrument of transfer of interest or ownership in land is a registrable instrument under the Land Instrument Registration Law and must be registered to have the backings of law and also to have priority over any other instrument of transfer from another source. However, it is required that the Governor’s Consent have to be obtained and stamped before registration of any instrument.
Registering your title put you in a favorable position in law. Always contact your property Lawyer that has experience in property Law to guide you in obtaining a Governors Consent and other processes for the perfection of a title to land.
You can send us a mail at [email protected] with a full description of your property to get a FREE ASSESSMENT FOR GOVERNOR’S CONSENT AND C of O. Do not hesitate to speak with Ibeju Lekki lawyer on any issue related to the perfection of title to your land on 08034869295.
This post first appeared on LAND ISSUES THAT CAN GET YOU INTO BIG TROUBLE PT 2, please read the originial post: here