Important Real Estate Documents You should be knowledgeable about…(PART 2)

CERTIFICATION OF OCCUPANCY (C OF O)

A Certificate of Occupancy (C of O) is a document issued to a land owner as evidence of ownership of land. It contains the terms and conditions for the grant of the land. A C of O is issued by the Governor of a state or the President in the case of Federal Capital Territory (FCT) which power he exercises through the Minister of FCT. It is issued after a person has applied for a grant of right of occupancy and is so granted the right. After the requirements are met, the Certificate is issued as Evidence of Title.

The C of O  is the only evidence under our Laws that shows LEGAL interest over land in an Urban Area. The process and documents required for obtaining a Certificate of Occupancy (C of O) in Lagos is as follows;

DOCUMENTS REQUIRED FOR STATE LAND CERTIFICATE OF OCCUPANCY

  • Formal Letter addressed to the Executive Secretary – Land Use and Allocation Committee, Block 13, Room 4, Lands Bureau, The Secretariat, Alausa, Ikeja.
  • Standard Allocation Form with Receipt. Lekki Pennisula Schemes, Abijo Commercial and Industrial (Form for Prime Land); other areas (Form for General).
  • Four Passport Photographs with white background.
  • Evidence of payment of Income Tax.
  • Current Development Levy (In case of company, Evidence of payment of Income Tax of Two Directors and Development Levy).
  • Survey Plan
  • All payment receipts of Land Charges
  • Vital Information Form

c of o

DEED OF ASSIGNMENT

A deed of Assignment is one of the most important documents YOU MUST HAVE when you conclude a Land Transaction.

A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land to that the Seller that has just bought land. The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller. The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.

A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.

In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance. The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner.

Such Key issues include:

1. The Parties’ to the Agreement e.g between Mr A and Mrs K;

2. The addresses of both parties and how it is binding on their successors, friends, colleagues and those representing them in any capacity;

3. The history of the land in question; how it was first obtained down to the moment its about to be sold including and documents it previously had till this date;

4. The agreed cost of the land and the willingness of the Seller to finally accept that price paid for the land;

5. The description and size of the land to be transferred;

6. The covenants or promises both parties choose to undertake to perfect the transfer of the document;

7. The signature of the parties to the Assignment and Witnesses to the Transaction;

8. Finally the section for the Commissioner of Oaths or Governors Consent to sign and validate the agreement.

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