Before buying land in Lagos, you must understand that a C of O is a crucial consideration. While many landowners claim to have a C of O for their lands, it often turns out to be lies.
Before you pay any landowner in Lagos, ensure you know if the land of interest has a C of O to avoid getting into avoidable land disputes. Most land disputes in Lagos result from false ownership claims, which would not just drain you financially but emotionally too.
This article discusses C of O, its characteristics and types. Additionally, we will learn how to know if a land you’re buying has a C of O in Lagos.
What is C of O?
A certificate of occupancy (C of O) is a legal document issued by the government to prove that an individual or corporate entity owns a particular piece of land or property in Nigeria. It contains vital information about the land or property, such as its location, size, survey plan number, and first owner. It also contains any restrictions or conditions associated with the land, such as land use restrictions or specific development requirements.
A C of O is arguably Nigeria’s most crucial land document. This is because it is the ultimate proof of ownership of land or property. Even more, since it is issued directly by the state government, the owner will be duly compensated should the government decide to revoke the C of O before the 99-year validity period.
Characteristics of a C of O
Here are the key characteristics of a C of O:
- Legally recognized and approved by the government
- Serves as a valid proof of ownership
- Contains vital details about the land or property, including its location, size, boundaries, survey plan number, and terms of usage
- Facilitates the transfer of ownership of land or property in Nigeria, etc.
Types of C of O in Nigeria
There are two main types of C of O in Nigeria:
The Statutory C of O
The statutory C of O is the standard C of O in Nigeria, as it is issued by the state government to individuals and entities. The holder has full ownership rights to the land or property and is guaranteed adequate compensation should the government decide to revoke the ownership title. It also has a tenure of 99 years and is legally recognized nationwide.
The Customary C of O
A customary C of O is issued by customary rulers based on the customary laws and traditions of the community where it is issued. This type of C of O is also valid, as most statutory C of Os cover lands in the state’s urban regions.
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Steps to Know If a Land Has a C of O in Lagos, Nigeria
One of the popular questions among land buyers in Nigeria is…. “Does the land have a C of O?”
Here are steps to know if a land has a C of O in Nigeria:
Visit the State Land Registry
The first step to verifying the C of O of a land or property in Nigeria is to visit the land registry of the state where the land or property is located. The Land Use Act of 1978 transferred ownership of all urban lands in a state to the state government. Therefore, every state government has a land registry that is in charge of issuing C of O and keeping records of all land transactions in the state.
Provide the Land Details
Once you’ve located the land registry, provide specific details about the land, such as the survey plan number (obtained from a licensed surveyor), size, and land location. You can also provide additional information, such as the boundaries of the land, to help the land registry search their records and quickly locate the land.
Request a Search
After the land has been confirmed to be in the government database, you can officially request to know if it has a C of O. In addition to checking for the C of O of the said land, you can also inquire if the land has any unresolved disputes or encumbrances that might affect the ownership title in the future.
However, searching for C of O of land or property in most land registries isn’t free. You must pay the applicable fees for the information you seek.
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Obtain Search Results
After they’ve searched the land or property, the land registry will give you the search results. The results will contain information on the C of O and any other relevant information related to the land.
Engage Professionals
The search results might not make sense if you’re not into real estate. Therefore, the best thing to do is to employ the services of a lawyer or other relevant professionals. They are to help you interpret the search results and guide you on the legal implications.
What is the Difference between C of O and R of O?
A certificate of occupancy (C of O) varies from a right of occupancy (R of O) in many ways. A C of O is a legal document proving the right of ownership to a land or property, while an R of O is just an offer to occupy and use a land for a given period. An R of O doesn’t confer ownership rights on the holder, as the said land still belongs to the government.
While a C of O has a validity period of 99 years, subject to an extension, the validity of an R of O is less than 99 years.
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Conclusion
A C of O is a vital legal document that proves the ownership of land or property in Lagos, Nigeria. However, it is issued only to the first legal owner of the land or property. Subsequent owners are issued a Governor’s Consent, another valid type of land title in Nigeria. Before you purchase land in Nigeria, ensure that it has a C of O. In addition, ensure you’ll be issued a valid Governor’s consent at the end of the purchase. Hopefully, this article has given you insights on how to spot the best, dispute-free lands to buy in Nigeria.
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