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!
08025350003; 07032511885
