Mar 15, 2018

Why You Must Obtain Governor’s Consent After Real Estate Transactions In Nigeria | Hightower Solicitor

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.

 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.

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.

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.

What are your thoughts on the relevance of Title and the points highlighted?

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Hightower Solicitors