Understanding Land Title Documents in Nigeria
In Nigeria, land ownership and titles are governed by various legal instruments and documents, each serving specific purposes and conferring different levels of rights and security to the holder.
Here is an overview of the key land title documents, including excision/gazette, Certificate of Occupancy (C of O), allocated C of O, regularized C of O, resettlement C of O, and global C of O. Additionally, we will discuss the impact of Supreme Court judgments on land matters.
Excision/Gazette
Excision is a process by which a government releases a portion of land that was previously under its control, typically for the use of indigenous people or communities.
When land is excised, the government publishes this release in an official government publication known as a gazette. This gazetted land can then be used for various purposes, including residential, commercial, or agricultural developments.
The publication in the gazette serves as proof that the land is no longer under government acquisition and can be owned and developed by private individuals or entities.
Certificate of Occupancy (C of O)
The Certificate of Occupancy (C of O) is a legal document issued by the government that officially leases land to an individual or entity for a specified term, typically 99 years.
The C of O provides the holder with the right to occupy and use the land, subject to the terms and conditions set forth by the issuing authority.
It is a critical document in establishing legal ownership and is necessary for securing loans and conducting significant transactions involving the property.
Allocated Certificate of Occupancy (Allocated C of O)
An allocated C of O is issued for land that has been directly allocated to an individual or organization by the government.
This allocation is often the result of applications made to the government, which then assesses the suitability of the applicant and the intended use of the land.
The allocated C of O confirms the government's approval and the rights of the holder to occupy and utilize the land according to the specified allocation.
Regularized Certificate of Occupancy (Regularized C of O)
A regularized C of O is granted to individuals or entities who were occupying land without formal government approval but have since gone through a formalization process.
Regularization involves the submission of appropriate documents and payments to the government to legitimize the occupancy.
This process converts informal land holdings into legally recognized ownership with all the attendant rights and obligations.
Resettlement Certificate of Occupancy (Resettlement C of O)
Resettlement C of O is issued to individuals or communities that have been relocated due to government projects or other developments.
This type of C of O ensures that those displaced by such activities are provided with new land and legal recognition of their ownership rights.
The resettlement process aims to compensate for the loss of original land and to provide security and continuity for the affected parties.
Global Certificate of Occupancy (Global C of O)
A global C of O is a singular certificate that covers a large expanse of land, which can include multiple individual plots.
This type of C of O is often issued for large-scale developments, such as housing estates or agricultural projects, where the entire area is managed under a unified title.
The global C of O simplifies administration and management, though individual plots within the area may later be subdivided and sold with separate C of Os.
Supreme Court Judgments on Land
The Supreme Court of Nigeria plays a crucial role in resolving land disputes and setting precedents that shape land law and administration. Judgments from the Supreme Court can:
Interpret Land Use Act Provisions: The court clarifies the application of the Land Use Act, including issues related to compensation, land acquisition, and the rights of indigenous people versus the state.
Resolve Boundary Disputes: Supreme Court rulings settle disputes between individuals, communities, and states over land boundaries, often involving historical claims and documentary evidence.
Enforce Land Rights: The court ensures that land rights are protected and upheld, addressing cases where there has been unlawful seizure or encroachment.
Set Precedents: Decisions by the Supreme Court create legal precedents that lower courts must follow, thereby influencing the interpretation and application of land laws nationwide.
Supreme Court judgments are essential for maintaining legal certainty and fairness in land ownership and use, providing a final arbiter for contentious and complex land issues. These decisions have long-lasting impacts on land administration policies and individual land rights across Nigeria.
For more inquiries on any of our properties Call/WhatsApp Salesville Properties +2348146308595 or +2348078755099.
