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Although the Land Use Act 1978 provides that the state governments shall hold all the parcels of land within the territory of their states through the state governor on behalf of the people as a trustee, there are portions of land within Lagos State which fall under the purview of the Federal Government. Therefore, anyone who purchases any parcel of land which falls under the purview of the Federal Government is required to apply for the consent of the Hon. Minister of Housing and Urban Development to their Deed of Assignment.
The process of applying for the Hon. Minister of Housing and Urban Development's consent regarding any federal parcel of land in Lagos State usually commences at the Federal Ministry of Housing and Urban Development in Abuja and ends at the Federal Land Registry in Ikoyi, Lagos State.
The following are the documents required to apply for the Hon. Minister of Housing and Urban Development's consent for a parcel of land under the purview of the Federal Government in Lagos State:
- Two copies of the Deed of Assignment between the Assignor and the Assignee.
- Letter of Consent from the Assignor to the Honourable Minister of Housing and Urban Development.
- Application Letter for Consent from the Assignee to the Honourable Minister of Housing and Urban Development.
- Two copies of a Survey Plan prepared by a surveyor from the Surveyor-General's office of the Federation.
- A Certified True Copy (CTC) of the root of the title covering the property.
- A government-issued means of identification of the Assignee (Driver's License, National Identity Card, etc.).
It should be noted that the following additional documents would be required where the Assignee is a company:
- Certificate of Incorporation.
- Status Report of the Company.
- Board Resolution Authorizing the Acquisition of the Property.
Conclusion of the Hon. Minister's Consent Process
The Federal Ministry of Housing and Urban Development usually issues a registered copy of the Deed of Assignment to the Assignee through the offices of the Registrar of Title of the Federal Land Registry, Ikoyi, to signify the conclusion of the application for the Hon. Minister's consent.
Upon the conclusion of the federal registration process, the landowner will be required to apply for regularisation with the Lagos State Government, as the Lagos State Government would not issue a Building Plan Approval to the holder of a federal title who is yet to regularise their title with the Lagos State Government.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.