You paid for the land. You have a receipt, a survey and a signed deed of assignment. Many buyers stop there. But in Lagos, if the land already has a Certificate of Occupancy, your purchase is not complete until you obtain the Governor’s consent.
This guide explains what Governor’s consent is, when you need it, what happens if you don’t get it, and how to perfect your title.
What is Governor’s consent?
Under the Land Use Act 1978, land in each state is vested in the Governor. Landowners hold a right of occupancy, often evidenced by a Certificate of Occupancy (C of O).
Section 22 of the Act says the holder of a statutory right of occupancy cannot alienate it, by assignment, mortgage, transfer of possession or sublease, without the Governor’s consent. The consent is the Governor’s approval of that transfer, endorsed on the deed.
In simple terms: the C of O shows the seller’s title, and the Governor’s consent shows that the title has lawfully passed to you.
When do you need it?
Transaction
Is consent generally required?
Buying land or a house that already has a C of O
Yes
Buying from someone who obtained consent on their own purchase
Yes, for your own purchase too
Mortgaging land to a bank
Yes
Granting a lease or sublease of land held under a C of O
Generally yes
Buying family land that has excision and gazette but no C of O
You usually regularise your title with a C of O application instead of consent
Every transfer in the chain of title needs its own consent. If an earlier owner never obtained consent, there is a gap in your root of title.
What happens if you don’t get it?
The courts have long held that a transfer requiring consent is inoperative without it. In Savannah Bank v Ajilo (1989), the Supreme Court held that a mortgage made without the Governor’s consent was void. In practice, without consent:
your ownership may be vulnerable to challenge by the seller, the seller’s family or a later buyer;
you cannot easily resell the property or use it as security for a loan, because buyers and banks will insist on consent; and
you may face higher costs later, including penalties and the cost of tracing old owners.
In practice, the parties’ agreement is still binding between them, and a seller who has taken your money will be expected to cooperate. But you do not have a perfected title until consent is granted.
How to obtain Governor’s consent in Lagos
The application is made to the Lagos State Lands Bureau. Your lawyer will typically:
Search the title at the Lands Registry to confirm the seller’s C of O or registered title.
Prepare the deed of assignment, properly executed by the seller and the buyer.
Gather the supporting documents, usually including the seller’s root of title, a survey plan, evidence of tax payments, passport photographs and identification.
Submit the application and pay the prescribed consent fees, registration fees and stamp duty.
Follow up through assessment, inspection and approval, until the Governor’s consent is endorsed on the deed.
Register the consented deed at the Lands Registry.
Fees and timelines change, so ask for an up-to-date estimate before you begin. The fees are usually calculated by reference to the property’s value.
Practical tips
Budget for consent from the start. It is part of the real cost of buying property in Lagos.
Ask for the seller’s documents before you pay, so the consent application can be prepared quickly.
Don’t leave it for years. Delays make it harder to trace sellers and witnesses, and may attract penalties.
Check the chain. If earlier transfers lacked consent, your lawyer can advise on regularising them.
Frequently asked questions
Is a deed of assignment enough without Governor’s consent? No. The deed records the agreement, but where consent is required, the transfer is not perfected until consent is obtained.
Who pays for Governor’s consent, the buyer or the seller? In practice, the buyer usually pays, but the parties can agree otherwise in the contract.
How long does Governor’s consent take in Lagos? It varies. Start early, submit complete documents, and allow time for assessment and approval.
I bought land years ago without consent. Can I still apply? Yes. Late applications are possible, though penalties may apply. Get advice on the documents you will need.
Is Governor’s consent the same as a C of O? No. A C of O is granted to the holder of the land. Consent approves a later transfer of that land.
About Cardinal Counsel
Cardinal Counsel (Barristers & Solicitors) is a Lagos-based law firm advising individuals, families and businesses, at home and abroad, on property transactions, commercial agreements, regulatory compliance and dispute resolution. The firm conducts property searches and due diligence, prepares deeds and consent applications, and supports clients from verification to perfection of title.
This article is for general information only and does not constitute legal advice. To perfect your title or apply for Governor’s consent, contact Cardinal Counsel at Suite D14, Adeniran Ogunsanya Mall, Surulere, Lagos, or email info@cardinalcounsel.co.