Title & documentation
What Is Governor's Consent, and When Do You Need It?
Buyers often assume that a Certificate of Occupancy settles everything. It does not. If the land you are buying already carries a C of O, the transfer to you needs the Governor's approval — and without it your purchase is legally incomplete.
Where the requirement comes from
Under Nigeria's Land Use Act, land in each state is held in trust by the Governor. What a private party holds is a right of occupancy rather than absolute ownership. Because the Governor is the trustee, transfers of that right require the Governor's approval. That approval is what "Governor's Consent" means.
C of O versus Governor's Consent
A Certificate of Occupancy is the first grant: the state confirming a right of occupancy over a defined parcel, typically for a term of up to 99 years.
Governor's Consent is what every subsequent transfer needs. If a plot has been sold three times since the C of O was issued, each of those transfers should have been consented to. A chain with a gap in it is a chain with a problem.
What happens if you skip it
You will usually still get a deed of assignment and possession, and for a while nothing appears wrong. The difficulties arrive later:
- The transfer is not perfected, so your interest is weaker than you think in any dispute.
- Banks will generally not accept the land as security without a perfected title.
- Your own buyer will discover the gap during their search, and will either walk away or discount the price to cover fixing it.
- The cost of perfecting it later falls on you, along with any arrears.
What to ask for
Ask which title the land carries, and if it is a C of O, ask to see the consent for every transfer since. Have your lawyer verify the chain at the registry rather than accepting photocopies. Where consent is still in process, get the position in writing along with who is responsible for completing it.
Where excision and gazette fit
Not all land begins with a C of O. Where land was held under community or family ownership, government may release it — an excision — and publish that release in the official gazette. A gazette is a legitimate root of title and is often the basis on which a C of O is later obtained. What matters is that the document exists, is verifiable, and covers your specific parcel rather than a neighbouring one.
This is general information about how title works in Lagos, not legal advice. Instruct your own lawyer before you commit to any purchase.
Looking at property on this corridor?
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