Governor's Consent: why deals stall without it

Under the Land Use Act, all land in a Nigerian state is vested in the Governor, who holds it in trust. What you buy is not the land itself but a right of occupancy over it. That distinction is the reason a sale is not complete when money changes hands.

Section 22 of the Act says a holder of a statutory right of occupancy cannot transfer it without the Governor's consent. A sale without consent is not automatically void, but it is not perfected either, and an unperfected title is difficult to sell on, impossible to use as bank collateral, and vulnerable if the state ever revokes for overriding public interest.

What consent actually involves

You apply to the Lagos State Lands Bureau with the deed of assignment, the seller's title document, a survey plan, tax clearance certificates for both parties, and evidence of payment. The Bureau assesses the property, issues a demand notice, and the consent fee, capital gains tax, stamp duty and registration fees are paid against it.

Budget for roughly 8 to 12 per cent of the assessed value in total charges. The assessment is the Bureau's own valuation, not your purchase price, and it is sometimes higher than what you paid.

How long it takes

Six months is a realistic estimate for a clean file. Applications stall on missing tax clearance, a survey that does not match the Bureau's records, or an unresolved charge on the property from a previous owner.

What this means in practice

Ask for the seller's root of title before you commit to anything. If they hold a Certificate of Occupancy, consent is what you need. If they hold a deed of assignment from someone else, check that transaction was itself perfected, because a gap anywhere in the chain becomes your problem.

We check this before a property is listed with us. If a title cannot be perfected, we would rather tell you now than after your money has moved.