Decree on the 28th of March, 1978 that vested all lands in every state
of the Federation under the control of the State Governors. The Land Use
Act coupled with other laws made it possible for the Governor who was
now the owner of all lands in the state to actually have the power to
Acquire more lands compulsorily for its own public purpose to provide
amenities for the greater good of the citizens.
Fortunately, the government recognizes that indigenes of different
sections of the country have a right to existence . . . a right to the
land of their birth. Hence, it is customary for state government to cede
a portion of land to the original owners (natives) of each area.
An Excision means basically taking a part from a whole and that part
that has been excised, will be recorded and documented in the official
government gazette of that state. In other words, not having an excision
means the land could be seized by the Government anytime without
compensating you even if you bought it "Legitimately from the Baale or
the Original dwellers on the land.
DEED OF ASSIGNMENT
Deed of Assignment is an Agreement between the Seller of a Land or
Property and a Buyer of that Land or property showing evidence that the
Seller has transferred all his rights, his title, his interest and
ownership of that land to that the Seller that has just bought land.
The Deed of Assignment has been exchanged between both parties, it has
to be recorded in the land registry to show legal proof that the land
has exchanged hands and the public should be aware of the transaction.
Such recorded Deed of Assignment come in the form of either a Governor's
Consent or _*Registered survey.
A Gazette is an Official record book where all special government details are spelt out, detailed and recorded
A gazette will show the communities or villages that have been granted
excision and the number of acres or hectares of land that the government
has given to them. It is within those excised acres or hectares that
the traditional family is entitled to sell its lands to the public and
not anything outside those hectares of land given or excised to them.
A Gazette is a very powerful instrument the community owns and can
replace a Certificate of Occupancy to grant title to the Villagers. A
community owning a gazette can only sell lands to an individual within
those lands that have been excised to them and the community or family
head of that land has the right to sign your documents for you if you
purchase lands within those excised acres or hectares of land.
If the government based on some reasons best known to them decides to
revoke or acquire your land, you will be entitled to compensation as
long as it's within the Excised lands given to that community.
The best way to know whether a land is under acquisition or has an
excision that has been covered by a Gazette is to get a surveyor to
chart the site and take it to the surveyor generals office to do a
land information to confirm whether it falls within the gazette and
spell out which particular location it can be found.
CERTIFICATE OF OCCUPANCY
A Certificate of Occupancy (C of O) issued by the Lagos State Government
officially leases Lagos land to you, the applicant, for 99 yrs. As
already indicated above, all lands belong to the Government.