C of O revocation in Nigeria: How landowners can protect their assets

In Nigeria, land ownership is a complex and often contentious issue. For many Nigerians, land ownership is more than just a place to live or run a business; it is a significant investment and a symbol of financial security. However, the security of land ownership can be threatened by the government’s power to revoke a Certificate of Occupancy (C of O). This article explains the ins and outs of C of O revocation in Nigeria, exploring the laws governing land use, the reasons for revocation, and most importantly, how landowners can protect their valuable assets.

What does the C of O mean?

A Certificate of Title, commonly referred to as a C of O, is an important document in land ownership in Nigeria. It is an official certification issued by the state government, granting ownership rights to a piece of land to an individual, group or organization. A C of O serves as the highest form of land title document in Nigeria, providing legal proof of ownership and the right to use the land for a specific purpose and period.

The Land Title Certificate contains important details such as the name of the property owner, location and size of the land, the intended use of the land, and terms and conditions of occupancy. This document is crucial because, under Nigerian law, all land is technically owned by the government, with individuals and businesses granted occupancy rights.

Laws Governing Land Use in Nigeria

The main law governing land use in Nigeria is the Land Use Act of 1978. This act vests all land in each state of the federation in the hands of the state governor.

This law aims to:

1. Facilitate land ownership and reduce land conflicts.

2. Make land more available for development.

3. Eliminate speculation in land value.

Under the Land Use Law, the governor has the authority to grant legal rights to occupy all urban land, while local governments can grant customary rights to occupy rural land. The law also regulates the issuance of Certificates of Ownership as evidence of these rights.

Other relevant laws include:

1. The Nigerian Town and Regional Planning Act of 1992, which regulates physical planning and development control.

2. Various state laws regarding land use and property rights.

3. Customary law, which still plays a significant role in land matters in many parts of Nigeria.

Reasons for Revocation of Land Business License

While a C of O is a powerful document, it is not absolute. The government, through the state governor, has the authority to revoke a C of O under certain circumstances. Common reasons for revocation include:

1. Primary Public Interest: This is the most frequently cited reason for revoking land certificates. If the government needs the land for public use, such as building infrastructure or public facilities, the government can revoke existing land certificates.

2. Violation of Terms:If the landowner violates the terms and conditions set out in the Work Contract, such as using the land for purposes other than those agreed, the government can revoke the certificate.

3. Not paying land rent: Failure to pay annual ground rent as stipulated in the C of O may result in revocation.

4. Fraudulent acquisition:If it is found that the Trade Business License (SUP) was obtained fraudulently, the SUP can be revoked.

5. Environmental Concern: If land use poses significant environmental risks or violates environmental regulations, the T&Cs may be revoked.

6. National Security:In rare cases, C of Os may be revoked for national security reasons.

7. Waiver:If the land is not used or developed for a long period of time, especially in urban areas, the government can revoke the SHM.

How to Avoid Revocation of Your Business License

While the government has a great deal of power to revoke C of Os, landowners are not completely powerless. Here are some strategies to protect your land assets:

1. Comply with C of O Terms: Strictly adhere to the purpose of the land grant. If you need to change the use of the land, apply for appropriate approval before proceeding.

2. Pay Land Rent on Time: Make sure you pay your annual land rent on time. Set up reminders or automatic payments if possible.

3. Develop Your Land: If you have been granted permission to build on land, make every effort to build within a reasonable time frame. This reduces the risk of revocation due to neglect.

READ ALSO;10 benefits of buying off-plan property in Nigeria

4. Stay Informed: Stay up to date with government policies and urban development plans in your area. This can help you anticipate potential problems and take proactive action.

5. Maintain Proper Documentation: Keep all documents related to your land ownership safe and easily accessible. This includes survey plans, payment receipts and correspondence with relevant authorities.

6. Interact with Local Government: Maintain good relations with your local planning authority. This can help you stay informed of potential changes that may affect your property.

7. Seek Legal Counsel: If you receive any notice regarding your land, consult an attorney experienced in land matters immediately. They can help you understand your rights and the best course of action to take.

8. Join a Property Owners Association: These groups can provide valuable information and collective bargaining power when dealing with government policies that affect land ownership.

9. Environmental ComplianceMake sure your land use complies with environmental regulations to avoid revocation on environmental grounds.

10. Due Diligence:Before purchasing land or accepting a C of O, conduct thorough due diligence to ensure there are no issues that could lead to future revocation.

Conclusion

Revocation of Title Certificates in Nigeria is a serious problem for landowners. While the government’s authority in this regard is significant, it is not absolute. By understanding the laws governing land use, the reasons for revocation of Title Certificates, and taking proactive steps to protect their assets, landowners can significantly reduce the risk of losing their valuable property.

Remember, land ownership in Nigeria comes with rights and responsibilities. By fulfilling your obligations as a landowner, staying informed on relevant laws and policies, and seeking professional advice when necessary, you can further safeguard your land assets from the threat of C of O revocation.

Ultimately, protecting your land requires vigilance, compliance with laws and regulations, and a proactive approach to land management. With these strategies, you can enjoy the benefits of land ownership in Nigeria with greater peace of mind.

By Dennis Isong

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