You know the feeling of stumbling upon a great plot of land you want to buy in Nigeria, but then, you start hearing a couple of confusing terms like “excision” and “gazette” from realtors?
If you’re in Nigeria, it’s important to understand these terms, excision and gazette, when dealing with land transactions. Both excision and gazette play vital roles in determining the legality and ownership of land in the country.
And trust me, being ignorant of them or getting them wrong can lead to some serious complications later on in the future.
In this article, we’ll break down what excision and gazette mean, how they differ, and why you should care if you’re buying land in Nigeria. So, let’s jump right in.
What is Land Excision?
Land excision refers to the process where the government releases a portion of land that was previously under government control back to the original landowners.
Often, these lands were previously acquired by the government for developmental purposes. In simpler terms, the government holds a large chunk of land, and when a piece of it is excised, the land is returned to the original settlers or community.
Why is Excision Important?
This process is important because, in Nigeria, all land is technically under government control according to the Land Use Act of 1978. This act allows the government to allocate, revoke, or hold land in trust for the people.
Without an excision, the land technically belongs to the government, and any development on it can be considered illegal. So, for those who own land without an excision, it’s dangerous to build something there, because your investment could be gone before you know it.
In essence, the excision process is essential for landowners because it allows them to have a legal claim to the land. Without excision, even if your ancestors lived on the land for generations, the government could easily reclaim it without compensation. However, with excision, you can rightfully say, “This land is mine,” and no one can dispute it.
This makes excision one of the first things you should check before purchasing land as an investor. It acts as a safety net, ensuring that the land has been legally released to the community and is no longer under government acquisition.
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The Process of Land Excision
The excision process is not something that happens overnight. It involves several steps, including:
1. Application for Excision
The original landowners or community must apply to the government for excision. This application includes a survey of the land, the history of the land, boundaries, and justification for the excision.
2. Evaluation
The government evaluates the application, considering the size of the land, its purpose, and whether it’s being used for public or private needs.
3. Approval or Rejection
If the application is approved, the government grants the excision, and the land is officially removed from government control. If rejected, the land remains under government ownership.
As soon as the excision is officially granted, the land can then be sold or leased. Afterwards, the new owners can apply for a Certificate of Occupancy (C of O), which serves as proof of legal ownership and is valid for 99 years.
What About a Gazette?
A gazette is an official government publication that contains all the laws, decrees, and land-related notices. In the context of land, a gazette is useful because it lists all lands that have been excised by the government.
So, you’ll find that when a piece of land has been excised, the next step will be for the government to publish it in the government gazette for the public to see.
This official record will include the name of the community, the details of the land excised, boundaries, size of the land, and any other relevant information. Only after this publication is the excision considered complete and recognized legally.
If you’re buying land in Nigeria, do well to check the gazette to ensure that the land you’re interested in has been excised and is not under government control.
Why is a Gazette Important?
A gazette is important because it serves as proof that the land has been excised. If you buy a piece of land, and there’s no gazette to back up the excision claim, you’re essentially buying trouble.
This official documentation can save you from future legal headaches, as it provides the legal framework for the land’s status. Do you know that a good number of land cases in the courts are usually due to improper documentation?
In many instances, some of these cases may be tied to the absence of a gazette. This goes to show that any land with an excision should also have a corresponding gazette. Be particular about this when buying land.
How to Verify Land Using a Gazette
To verify if a piece of land is in a gazette, you can:
1. Request a Copy of the Gazette
You can request a copy from the government or visit the Ministry of Lands to check if the land is listed in the gazette.
2. Engage a Surveyor
A certified surveyor can help confirm if the land is excised and listed in the gazette.
Key Differences Between Land Excision and Gazette in Nigeria
Now that we understand what excision and gazette are, let’s break down their differences more clearly.
1. Purpose
Excision: The purpose of excision is to legally release land from government control to the original landowners.
Gazette: The purpose of a gazette is to publicly record the excision, making it an official document that confirms the land’s status.
2. Timing
Excision: This happens first. The land must be excised before it can be published in the gazette.
Gazette: The gazette is published after the land has been excised.
3. Legal Implications
Excision: It gives the original landowners legal rights over the land. Without excision, any development on the land can be deemed illegal.
Gazette: It provides a public record and legal confirmation that the excised land is no longer under government control. Without a gazette, the excision can be challenged, as there’s no official proof of the land’s release.
How to Verify Land Excision and Gazette
To avoid falling into the wrong hands, it’s essential to do due diligence before purchasing any land. Here’s a simple checklist:
Check the Excision Status: Ask for the excision number and verify it at the state land registry.
Request for Gazette: If the land has been excised, there should be a gazette to prove it. Ask for a copy and verify it.
Engage a Professional: Hire a qualified surveyor and lawyer to conduct a proper search at the land registry.
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Final Thoughts: Knowledge is Power
In the Nigerian real estate market, knowledge is truly power. Understanding the difference between excision and gazette can save you from making costly mistakes.
Before making any land purchase, always ensure that the land has been properly excised and that there is a corresponding gazette to prove it. If both are in place, you can sleep easy knowing that your investment is secure.
So, the next time someone tries to sell you a piece of land, you know exactly what to ask for: “Is the land excised? And can I see the gazette?” Once you have this information amongst other details, you’re well on your way to making a wise investment in Nigerian real estate.
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