In Nigeria’s real estate vocabulary, a TITLE in
property describes ownership, or the degree of control exerted on a piece
of property – house/land. Also, Title may refer to a legal document, such as
a deed, that serves as evidence of ownership.
In Nigeria, one of the means by which a
person can get a proper title to land is by obtaining Governor’s
consent in respect of the land. The Land Use Act of 1978 is the statute which
regulates land and any transaction relating to it in Nigeria.
person can get a proper title to land is by obtaining Governor’s
consent in respect of the land. The Land Use Act of 1978 is the statute which
regulates land and any transaction relating to it in Nigeria.
Section 22 of the Act provides that “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 earlier consent of the Governor first obtained. Usually, it is
the duty of the holder of the right of occupancy to get the consent,
but in practice this is left to the buyer. In Lagos, Nigeria, the country’s
commercial nerve center, this practice has been embraced over the
years. A burden usually conveniently passed to the buyer.
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 earlier consent of the Governor first obtained. Usually, it is
the duty of the holder of the right of occupancy to get the consent,
but in practice this is left to the buyer. In Lagos, Nigeria, the country’s
commercial nerve center, this practice has been embraced over the
years. A burden usually conveniently passed to the buyer.
Obtaining Governor’s consent is a way of
complying with the provisions of the statute and a way of protecting
the legitimacy of the purchaser’s title to the land. Failure
to get this consent can make the transfer of interest in
the land null and void.
complying with the provisions of the statute and a way of protecting
the legitimacy of the purchaser’s title to the land. Failure
to get this consent can make the transfer of interest in
the land null and void.
In conclusion, when the Governor’s consent is
duly obtained by the seller after a transaction, it will serve two main
purposes; as evidence of ownership, and there will also be security of his
title.
duly obtained by the seller after a transaction, it will serve two main
purposes; as evidence of ownership, and there will also be security of his
title.
What are your thoughts on the relevance of
Title and the points highlighted?
Title and the points highlighted?
If you have any questions, use the comment
section, get in touch via +2347014979879 or hightowerlawyers@gmail.com. You
will be glad you did.
section, get in touch via +2347014979879 or hightowerlawyers@gmail.com. You
will be glad you did.
Hightower Solicitors