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Illegal sale of Government land

Get land information at the Surveyor General’s Office before consummating transaction, LASG advice

The Lagos State Government in a continuous effort to stem the tide of illegal sale of committed Government land by fraudulent land speculators has through the State Lands Bureau issued a public notice warning against such activities. The notice signed by the Permanent Secretary of the Lands Bureau, Mr. Gbenga Ashafa Stated that reports reaching the Governor of the State Mr. Babatunde Raji Fashola (SAN) indicates that some land speculators, with the active support of their (local) traditional rulers, are selling Government land under acquisition.

The notice further stipulates that the most affected areas are: villages and towns outside excision along the Lekki-Epe axis, agricultural lands along the highway between Owode-Onirin and Ikorodu town, acquired lands along Lagos-Badagry expressway and Alimosho including Ipaja and Ayobo areas, acquired and agric land within Ikorodu division of the State and parcels of land already laid out as Government approved schemes in Ogudu, Agboyi 1, 11,111,1V, Oworonsoki foreshore, Ketu, Alapere, Magodo (Isheri and Shangisha), Giliti (Outside Excision), Ibeju Lekki Epe axis, Omole, Oregun and Mende in Maryland.

The State Government however stated that agencies of the Government have commenced the removal of encroachments and contraventions from the State Land after several years of warning. In order to save unsuspecting buyers from losing their properties to demolishing exercise in the future, would-be land buyers are advised to ascertain the status of such land from the State Surveyor-General’s Office among other places.

Getting land information at the State Surveyor General’s Office is simple and straight forward. All the person who intends to carry out the search needs to do is to take 2 copies of the Survey Plan of the land offered for sale to the Surveyor General’s Office in Alausa, requesting to conduct a Search and ascertain the status of the land.

The fees charged to carry out the search vary: For a single named Survey Plan with a single title i.e. Mr. or Mrs.; the amount charged is N5, 000, for a Survey Plan with two titles i.e. Mr. and Mrs.; the amount charged is N10, 000, while for companies and corporate bodies the amount charged is N10, 000. All of the charges carry extra payment of N100 capital development levy.

Other places in the State where land information can also be gotten are the Office of the Permanent Secretary (Lands Bureau) or the Lands Registry, Block 13, Lagos State, Secretariat, Alausa, Ikeja. Calls or SMS can be sent to, 08084835566 or e-mail: landsbureau@lagosstate.gov.ng

The State Government warns that all structures and buildings constructed on State lands by persons, companies or institutions without valid titles thereto will be removed or demolished as the case may be through the appropriate Government Agencies.

Contact Details Of Lagos State Government Officials in the areas of Property Development in the State.

Name Portfolio Telephone No Email Address
Hon. Adeniyi Oyemade Honorable Commissioner For Commerce and Industry 08022235105 niyi@niyioyemade.com
Mr Ben Akabueze Honorable Commissioner For Economic Planning and Budget 08027788080 benakabueze@yahoo.com
Dr. Muiz Banire Honorable Commissioner For Environment 08066071127 mbanire@lagosstate.gov.ng
Mr Dele Onabokun Honorable Commissioner for Housing 08033852527 onabokundele_housing@yahoo.com
Mr.Opeyemi Bamidele Honorable Commissioner For Information & Strategy 08035686548 opeyemi_bamidele07@yahoo.com
TPL. Francisco Abosede Honorable Commissioner For Physical Planning and Urban Development 08033292633 bolajiabos@yahoo.com
Dr. Tola Kasali Honorable Commissioner for Special Duties 08057480402 tolarkasali@yahoo.com
Prince Adesegun Oniru Honorable Commissioner For Waterfront development and Infrastructure 08034182777 Aoniru@lagosstate.gov.ng
Hon. Jimoh Ajao Special Adviser(Housing) 08023325481 ajaoj@yahoo.com
Mr. O.A. Olarenwaju Special Adviser (Environment) 08030622040 sesanolarenwaju@yahoo.com
Engr. Ganiyu Johnson Special Adviser (Works and Infrastructure) 08023311532 ganiyu_johnson@yahoo.com
Mr. G.O Ashafa PS Lands 08022243054 gbenga.ashafa@email.com
Engr. P.O. Bamgbose-Martins PS Housing 0803305510 Matokins2003@yahoo.com
Mrs. F.M. Awofisayo PS New Town Development Authority 08023132494 fmawofisayo@yahoo.com
Arch. Taiwo Adedeji Physical Planning and Urban Development 08023171504 tai_adedeji@yahoo.com
Surv. A.O. Durowoju Surveyor General Office 08033000959 maodurowoju@yahoo.com


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LAND ACQUISITION FROM THE NIGERIAN GOVERNMENT

All land in a State is vested in the State Governor who may grant rights of occupancy to any person for all purposes. A prospective land investor may therefore apply to the governor of the State where the target property is located for the grant of a right of occupancy. (Such rights of occupancy granted, by State governors, are termed 'statutory rights of occupancy.') Section 8 of the Act provides that a statutory right of occupancy shall be for a definite term. The right of occupancy is therefore in the nature of a lease over the land for a period of time, usually 99 years. The Act does not place a limit to the area of the land in respect of which a right of occupancy may be granted for building purposes. The Federal Government of Nigeria also has power to grant rights of occupancy in respect of lands comprised in the Federal Capital Territory (i.e., Abuja and its designated environs), or vested in the Federal Government but located in States' territories. Local Governments may grant 'customary rights of occupancy' where the land in question is not in an urban area. An agency of the Federal Government, as distinct from the Government itself, may also alienate its interest in any of its landed properties.

The procedure involves applying formally to the particular Government, or any appropriate agency, for the issuance of a right of occupancy. The discretion whether to grant or refuse to grant this interest rests completely with the Government. When granting the right of occupancy the Governor or Local Government issues a Certificate of Occupancy in evidence of the grant. However, other documents are sometimes issued, which are nonetheless valid.

ACQUISITION OF LAND FROM HOLDERS OF INTEREST UNDER THE LAND USE ACT

The Land Use Act recognises two classes of holders of rights of occupancy. The first class consists of those persons, such as a prospective real estate investor, actually granted rights of occupancy by the State, Local of Federal Government, as described above. The second class consists of those who held interests in land in Nigeria before the Act came into force. By the Act, a person in this category continues to hold those interests in the land as if a right of occupancy had actually been granted to him by the Government (defined as holder of a right of occupancy 'deemed granted' under the Act). A prospective investor may acquire land from any of these classes of holders, but each case presents its own peculiarities. In the case of acquisition from the holder of a right of occupancy actually granted, the investigation of the previous holder's title to the land would normally be completed when a certificate of occupancy or other document issued by the Government is produced. In the case of acquisition from the holder of a 'deemed granted' right of occupancy, the interest of that holder will be based on one or more of the different systems of land tenure which existed and operated in Nigeria prior to the Land Use Act. Where the land was held under customary law, for instance, proof of title would not normally be by the production of a document. Even where the received English tenure system applied, the production of documents alone would not suffice as the relevant land registries would require to be searched, amongst other things; making the engagement of specialist legal assistance imperative.

Once the real estate investor, or his legal practitioner, is satisfied with the current holder's title, the next step would be the preparation of an appropriate legal document transferring the title to him, or granting him a lease over the property. After the execution of this documentation, the consent of the State or Local Government to the entire transaction would be necessary, potentially constituting somewhat of a bottleneck.iv The process takes between one and three months, and varies from State to State. Finally, the document would be stamped and registered (Stamp duties vary according to whether the transaction is a sale or a lease.)v

i In total, there are over 700 local government areas in Nigeria.
ii All dealings in land are governed by its provisions.
iii For instance, by section 48 of this legislation all laws (including laws of the various States) relating to dealings in land are only to have effect with such modifications as shall bring them into conformity with the Act.
iv . This has made it popular to provide exclusive and wide powers of attorney in favour of purchasers of land as part of the initial documentation to enable them effectively occupy and use it in the interim.
v. By the provisions of the Registration of Titles Act 1925, the transfer of interest has effect from the date of registration