WHAT YOU NEED TO KNOW ABOUT GOVERNOR’S CONSENT AND QUERY ISSUES

WHAT YOU NEED TO KNOW ABOUT GOVERNOR’S CONSENT AND QUERY ISSUES

It is the requirement of the Land Use Act 1978 that any subsequent transactions on land with right of occupancy or any subsequent alienation on such right should be done with the Governor’s Consent first had and obtained. Failure to obtain Governor’s Consent on subsequent transactions is punishable with fine or imprisonment under the Land Use Act 1978.

Some of the subsequent transactions that can be alienated but with Governor’s Consent include:

1.    Assignment;

2.    Mortgage;

3.    Sublease;

4.    Lease;

5.    Gift;

6.    Power of Attorney etc.

If you intends carrying out any transaction as per the foregoing, then you need Governor’s Consent. The general requirements for the consent are as follow:

1.    Application Letter addressed to Director Land Services, Lands Directorate etc

2.    Form 1C duly signed with oath;

3.    3 copies of duly signed Deed of Assignment; Mortgage; etc

4.    Locational sketch map;

5.    Chartable Survey plan (with evidence of lodgment of red copy);

6.    CTC of root of title/title of the property;

7.    Photographs of property showing time and date;

8.    Charting Fee; Endorsement Fee; Form 1C;

9.    4 Passports photos of the Vendor (5 x 5) with White Background.

10. Tax clearance.

11. Charting Fee; Endorsement Fee; Form 1C (All equal 10,500.00).

12. Photocopy of the I.D. Card of the Processing Officer (or alternatively, his National I.D. Card, Drivers License, International Passport).

13. Administrative Charges for land services - 3000.00.

Aside the above requirements, there are separate requirements needed on the Deed itself before it can be accepted for the consent, otherwise the Deed will be queried. This in part has led to series of QUERIED DEEDS at the lands bureau, and many do not know how and what led to the QUERY. The reason being that, separate requirements are applicable for the Deeds submitted for the consent. These separate requirements include but not limited to the assignor and assignees signatures should be on all the pages of the deed; pagination of the deed; franking; recitals issues; root of title issues; schedule issues; and many others.

For further information about the requirements you may contact adeolalaw@ymail.com for further information/solution.

We shall keep you updated on these requirements in our next week episode.

Remain blessed!

Squint Partners

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