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In Nigeria, land ownership is governed by legal documentation to prevent disputes and ensure proper land administration.
One of the most important documents a landowner can possess is the Certificate of Occupancy (C of O).
This document serves as official proof of ownership, granting the holder legal rights over a piece of land.
What is a Certificate of Occupancy (C of O)?
A Certificate of Occupancy (C of O) is a legal document issued by the government that certifies a person or entity as the rightful owner of a piece of land.
It serves as official proof that the holder has been granted the right to use and develop the land for a specified period, usually 99 years for individuals, as per the Land Use Act of 1978.
See also – Deed of Assignment: meaning and it’s importance
The Certificate of Occupancy contains:
- The owner’s name and details
- A description of the land (size, location, and boundaries)
- The land’s designated use (residential, commercial, industrial, etc.)
- The duration of the ownership rights
- The issuing authority’s signature and seal
Without a C of O, land ownership may be challenged, making it difficult to sell, transfer, or develop the land legally.
How to Get a C of O in Nigeria
The process of obtaining a Certificate of Occupancy varies by state, but the general steps include the following:
1. Application Submission
- Obtain and complete the C of O application form from the State Land Bureau or the relevant land authority.
- Attach necessary documents, including:
- A Deed of Assignment or other proof of ownership
- A survey plan of the land
- Passport photographs
- Proof of identity (National ID, Driver’s License, or International Passport)
- Payment receipts for relevant fees
2. Land Verification and Survey
The land authorities will conduct a site inspection and verify the land’s status to ensure it is not under government acquisition or involved in disputes.
A government surveyor may be assigned to confirm the land’s boundaries and location.
3. Assessment of Fees
After verification, the applicant will be required to pay processing fees, including:
Application fees, Survey fees, Processing fees, Stamp duty and registration fees.
4. Approval and Issuance
Once all payments and verifications are completed, the Governor or the designated authority will approve and sign the Certificate of Ownership.
The document is then issued to the applicant as proof of legal ownership.
See related – What are the requirements for building approval?
How Long Does It Take to Get a C of O?
The timeline for obtaining a C of O varies, but it can take a few months to a year, depending on the efficiency of the state land bureau and the complexity of the land verification process.
What are the importance of having a C of O
1. Legal Ownership Proof
A Certificate of Occupancy confirms that an individual or organization has legal rights over a piece of land, reducing the risk of ownership disputes.
2. Increases Land and Property Value
Land with a Certificate of Occupancy is more valuable and attractive to investors and buyers because it guarantees legal ownership.
3. Required for Land Transactions
It is essential for selling, leasing, or transferring property. Without a C of O, transactions may not be legally recognized.
4. Helps Secure Loans and Mortgages
Banks and financial institutions require a Certificate of Occupancy as collateral for granting loans, making it easier for landowners to access credit facilities.
5. Protection Against Government Seizure
Lands without proper documentation risk being reclaimed by the government, especially if they fall under government acquisition areas.
A C of O helps prevent such issues.
Conclusion
A Certificate of Occupancy (C of O) is one of the most important land ownership documents in Nigeria.
It provides legal protection, enhances property value, and is necessary for transactions and financial dealings.
Anyone acquiring land should ensure they obtain a C of O to secure their investment and avoid legal complications.
For assistance in processing a C of O, it is advisable to consult a property lawyer or a professional in land documentation.
Frequently asked questions
Which Land Can A Certificate Of Occupancy Be Issued?
For a land to qualify for a Certificate of Occupancy (C of O), it must be unregistered and charted by state or federal surveyors to confirm it is free from government acquisition or classified as ratifiable.
If the land is free or ratifiable, the applicant can formally request the issuance of a C of O by submitting the necessary documents and paying the required fees.
However, if the land is under government acquisition and non-ratifiable, a C of O will not be granted, and such land may be subject to seizure without compensation or refund.
What Are The Benefits Of Having A Certificate Of Occupancy For Your Land?
Firstly, it establishes your authority as the sole owner of a property, eliminating disputes where multiple individuals might claim ownership of the same land.
Secondly, it protects your land rights from government seizure or cancellation without compensation.
Lastly, Certificates of Occupancy are recognized by banks and financial institutions as collateral for loans, providing potential future financial flexibility.
Can Certificate Of Occupancy Be Revoked?
A Certificate of Occupancy (C of O) can be revoked at any time, so holding one provides a certain degree of security but not complete protection.
Issued under the Land Use Act, the C of O is subject to compliance with the terms and conditions clearly outlined in the document.
Section 28 of the Land Use Act grants the authority to revoke a right of possession if the holder fails to meet the stipulated requirements or if the root of the title is found to be defective.
In such cases, the C of O may be rendered null and void, leaving the holder vulnerable to property loss.
