Excision of Land in Nigeria (What You Need to Know)

Land ownership in Nigeria can be confusing, but it is important to understand, especially when dealing with terms like “excision” and “gazette.” 

If you’re involved in buying or selling land, knowing about excision is crucial. 

This guide aims to cover the basics, clear up misunderstandings, and offer practical advice.

What is Excision of Land?

Excision is a process where the government gives a piece of land back to local communities or families, officially recognizing their ownership. 

This process comes from the Land Use Act of 1978, which put all of Nigeria’s land under the control of the state governor. 

Once land is excised, it legally belongs to the community. Land that isn’t excised remains under government control and can be used for things like public projects or sold to developers.

Overview of the Land Use Act of 1978

The Land Use Act is a key law in Nigeria that manages land ownership and how land is controlled. 

It puts the state governor in charge of land, which helps in organizing how land is given out and managed. 

An important part of this process is called excision. 

Excision is when the government officially recognizes that a community has traditionally owned a piece of land. This helps balance the needs of the public and the rights of the communities.

Eligibility for Land Excision

Not every piece of land can be excised, and the government considers several factors:

Ancestral Ownership: This refers to land that communities have been connected to for a long time.

Strategic Importance: This refers to land that is not planned for public projects like roads or large developments. 

When communities or individuals want their land excised, they must prove their historical connection to the land with documents.

Step-by-Step Guide to Land Excision

Submission of Application:

Communities or families must formally apply to the state government and describe their claim to the land.

Verification and Assessment:

Government officials check historical records, visit the land, and see if it is needed for public purposes.

Approval and Issuance:

If approved, the land is officially excised. Details are published in an official document called the gazette, which confirms legal ownership.

Understanding Land Gazette

A land gazette is an important government document that records details of excised land. It proves that the land is no longer under direct government control. 

For anyone looking to buy land, checking the land’s status in the gazette is crucial. If the land is not in the gazette, there is a risk that the government can still claim it.

Difference Between Excision and Gazette

The words excision and gazette might seem similar, but they refer to different things:

Excision is when the government transfers control of land to a community, allowing them to own it while the Gazette is an official paper that documents the specifics of the land given to the community.

Think of excision as the action of releasing the land, and the gazette as the written confirmation of this action.

Excision of Land Example

Consider two communities, Community A and Community B, each selling parcels of land in the same area.

Community A offers plots for 4 million naira each. Community B offers plots for 6 million naira each. 

Many buyers go for Community A because it’s less expensive, thinking they are making a smart choice. But a year later, they find out the land hasn’t been properly processed for legal ownership — this means each buyer needs to pay an extra 2.5 million naira for this process. 

As a result, they face unexpected expenses, delays in starting construction, and worries about who really owns the land. 

On the other hand, buyers from Community B don’t face these issues. 

The land from Community B was officially processed and recorded before anyone bought it. 

This means buyers can start building right away without any government interference. 

The Lesson: Buying land that hasn’t been officially processed might seem cheaper initially, but unexpected expenses and potential risks can make it costly in the long run. Verified, processed land gives you clear ownership and peace of mind without any surprises.

Can a Gift of Deed Be Revoked in Nigeria?

Yes, a gift of deed can be revoked but only under certain conditions, such as:

• If there is evidence that someone was cheated or forced into it.

• If the terms listed in the deed are broken.

• If the registration or other legal steps are not completed.

If you need to revoke a gift of deed, it’s a good idea to get advice from a lawyer first.

Common Risks Associated with Non-Excised Land

When you buy non-excised land, you might face several serious problems, such as:

Government Acquisition: The government has the right to take this type of land for things like roads or schools. When they do, you might not get paid for it.

Legal Disputes: Sometimes, this land is sold without proper legal permission, which can lead to disputes and legal issues.

To prevent these problems, it’s important to check if the land has been excised before you decide to buy it. Make sure the land you want to purchase has the correct legal approvals, so you don’t run into issues later.

Advantages of Excised Land

Owning excised land comes with numerous benefits:

Legal Protection: This land is approved by law, helping to avoid ownership disputes.

Higher Land Value: Excised land is often more appealing to buyers and investors, making it more valuable.

Eligibility for Title Documentation: Once land is excised, the owner can apply for a Certificate of Occupancy (C of O), which is an official document recognizing ownership.

Excision of Land Cost

The cost of excising land can differ based on location and size. Here are the main expenses you need to be aware of:

Application Fees: These are charges to the government when you want to start the excision process.

Legal and Survey Fees: These cover the preparation of necessary documents and the surveys needed to map out the land accurately.

Gazette Registration Fees: You need to pay these fees once the land gets officially listed in the government publication.

It’s important for landowners to plan for these expenses in advance. By doing so, they can avoid delays in getting the excision completed.

Conclusion

Knowing about land excision is crucial for anyone who owns, plans to buy, or invests in land in Nigeria. 

If you follow the correct steps and keep the right documents, you can avoid legal issues and protect the value of your land.

Before you buy land, make sure to check its excision status. It’s wise to get help from trusted professionals to guide you through the process. 

Doing these things helps you make smart and safe choices when dealing with property.