THE INTRIGUES ABOUT LAND TITLES (4)
“If you are not going to put money in real estate, where else?”
–Tamir Sapir, Business Mogul
By Akhigbe Dominic.M. Esq
DEED OF CONVEYANCE
TUE, AUGUST 07 2018-theG&BJournal-I have carefully noticed the erroneous practice by not-too-informed practitioners who inter use the Deed of Conveyance for The Deed of Assignment or Deed of Sublease. These are essentially not the same. No doubt they all convey titles. Without prejudice to the direct importance of the similarities of the usefulness of the Certificate of Occupancy and the Deed of Sublease, the Deed of Conveyance or Registered Conveyance was the valid proof of evidence of ownership until the promulgation of the Land use Act of 1978 which brought the issuance of the Certificate of Occupancy into being. Today, in place of the Deed of Conveyance, the Deed of Assignment is in place.
Before the enactment of the Land Use Act in 1970, the Deed of Conveyance was the legal document used in transferring the interest of a landed property from a seller to a buyer. After the 1978 Act which transfers lands ownership to the state governor, the Deed of Assignment which is the proof of transfer of interest is now in use. This is what is eventually graduated to the Certificate of Occupancy by the landed property owner. Next time you buy that property and the sellers presents you with a Deed of Conveyance; it is either they acquired same before 1978 or the Attorney dwells in the past. Just politely request for a Deed of Assignment.
GOVERNOR’S CONSENT
The Governor’s Consent is not a standalone Title as we are sometimes made to believe. It is a consequential document after the transfer of a valid statutory title from an original holder or on a land with family Excision. The Consent is also obtained when an Acquisition is ratified.
A governor’s consent compulsorily required to recognize the transfer of a property with a certificate of occupancy to a new owner on a land with an existing a valid Certificate of Occupancy. Where a holder of a Certificate of Occupancy decides to divest himself of such interest either by sale or donation, the new owner statutorily establishes his ownership by obtaining a Governor’s Consent for same. Just exchanging a Sales Deed and going to sleep is of no effect as neither the government nor the public is yet aware of the change of ownership
Or transfer till Consent is duly obtained. The governor does this in exercise of his powers as contained in Section 22 of the Land Use Act of 1978 which states inter alia:
“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 consent of the Governor first had and obtained”
In simple interpretation; the above states as follows: when a buyer has secured a land with an existing Certificate of Occupancy, he shouldn’t stop there; he should commence the process of obtaining a Governor’s consent to make that purchase legal as failure to do this renders the transfer null and void.
Akhigbe Dominic.M. Esq., |+234-8034846294 & +234-1-2166914|SENIOR STRATEGIC PARTNER, PropertyLogic Incorporated/Seasoned Business Coach/Columnist of The BusinessDay/Contributing Editor,govandbusinessjournal.com.ng <https://govandbusinessjournal.ng>
