Business Post Contributor
By Benita Ayo
There is a myth surrounding the much touted Certificate of Occupancy, known otherwise as the ‘C of O’. it is a document evidencing title to a property which is issued solely by a state government.
The process of its issuance emanates from when an applicant applies to the state government through the Executive Secretary of the Land Use and Allocation Committee (LUAC), where the land is situate for a portion of State Land.
Where the application is successful, the state government issues an allocation letter advising the schedule of fees to be paid for the newly allocated land. the state allottee is expected to pay the advised fees at a designated bank and submit the payment receipts for the processing of the C of O.
But is the C of O a good proof of title? No, it is not. The reason for this position of the law is that while the C of O establishes a holder’s vested interest in the property it covers, it does not per se show good title.
This is because another person who has a C of O over the exact property might actually have a better title than the other. There are always cases of double allocation of state land, which is a situation whereby the state government allocates the same land to two or more persons who have Certificates of Occupancy over the same land.
In this situation of conflict, the court will always decide in favour of the person who is able to successfully establish that his C of O is better than the other.
You are always welcome to contact me via the following channels listed below for the following services;
- Due Diligence exercise for property transactions
- Drafting relevant title documentation
- Perfection of titles at the Lands Bureau/Registry
- Litigation
- Property Development Advisory
- Property purchase etc
- Application for allocation of State Land
- General Legal representations relating to property transactions.
WhatsApp: +2348063775768
Email: [email protected]
Benita Ayo is a Seasoned Corporate Commercial Counsel with over 9 years post-call experience. She has handled myriads of briefs in Corporate/Commercial, Employment Law as well as Property Transactional Practice.
