Everything You Should Know About Excision Land in Nigeria

There are different land titles available in Nigeria and excision is one of them. These land titles are one of the most important things to keep in mind when purchasing land.

The land title can tell the legal standing of the land, such as if it is free or committed land. Knowing the title of a land can help you avoid future troubles.

We will discuss what excision means. Additionally, we will look at the conditions and steps that must be met or taken before the land is acquired by the government or excised. We will also learn the necessary steps to take when buying land with an excision title.

What is Excision in the Nigerian Real Estate Business? 

Before the Land Use Act of 1978, all land was owned by families and communities; with the Land Use Act, the land was given to the government. What this means is that the government was given the power to acquire any land within its governing territory. This is referred to as compulsory land acquisition.

The Land Use Act gave the government the right to regulate how lands are administered. When a community or family goes to the government and requests that a part of the acquired land be released to them, maybe because the government is not using that portion of the land and it is released back to them, then that is known as excision. Excision of land means to excise land, meaning to cut out a portion of a land. 

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Conditions and Steps for Compulsory Acquisition of Land in Nigeria 

Before the compulsory acquisition of land, there are some conditions and steps that must be met and taken, as outlined in the law. Therefore, though the Land Use Act gives the government the right to acquire any land within its territory, the government cannot acquire any land for fun.

These conditions and steps below must be met and taken before the compulsory acquisition of land. 

Must be for Public Use

The acquired lands must be used for a public course. Using it for public courses can be used to build hospitals, schools, roads, etc. Things that are built on land must be beneficial to the public. 

In a situation where it is used for a private course, then the community can contest it in court, and they are guaranteed to get back their lands. 

Notice Must Be Given

It is illegal for a government to wake up today and tell the people to forgo their lands immediately. The owners should be properly informed and given enough time to process the notice and prepare themselves for the change. 

It isn’t easy for someone to forgo land even if they won’t be left empty-handed, so giving adequate time before taking over the land is a must. 

The Owners Must be Compensated or Settled Somewhere Else

Giving them notice is one piece of the puzzle. The people must be compensated for giving another place to resettle. 

Compensation or a place to resettle is the legal right of the owners of the land the government has acquired, and it is clearly expressed in the law that is violated. The people have the right to approach the court confidently. 

A Decision on an Excision Application Can Take a While

When the application of excision is tendered to the government by the family or community, it can take a while to get a decision on the application. 

During this waiting period, which can be a couple of months to years, a number is given, which is called the excision number. This number shows that the application has been received and is in progress. 

It is important to know that there is no guarantee that once an excision request is made, the land will be excised. It is solely left for the government to decide if they want to use the land or release it back to the people. 

Excision is Not Granted to Individuals

Also, know that excision is not granted to an individual. Excision can only be granted to a community or family. The receivers must be the original owners. 

So, when an individual claims that land has been excised to him or her by the government, you should know that something is not right about the offer and it is best to stay off such lands. 

When Granted, it is Published in a Gazette

After the application is received and approved by the government, the property is published in a Gazette. A gazette simply means an official government news channel, typically a newspaper or a digital news board.

The publication is to put on record and to inform the public that a specific portion of land that was previously acquired by the government has been given back to the original owners. 

What to Do When Buying Land with Title as Excision

Buying land in Nigeria with its title as excision is a beneficial buy. But that does not mean that you should jump on the excised land offer blindly. You need to still carefully take the steps to ensure you are buying genuine land. Because a land title is not enough to prove that the offer is genuine or good. 

Engage a Property Lawyer and Land Surveyor 

You should engage a property lawyer and surveyor even when it is said that the excision request has been granted. With a property lawyer, you should verify the documents presented to ensure that they are genuine. On the other hand, a surveyor helps you confirm that the land for sale falls under the excised area published in the gazette. 

This verification is very important. Sometimes dubious people can use the gazette publication to sell land that isn’t among the areas excised to unsuspecting individuals. 

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Gather Local Intelligence

If you are buying directly from the community or family, you should gather all the local intelligence as possible. 

You should verify that the people you are discussing with have the right to sell the land. Also, find out if the land is up for sale. 

To carry out this investigation, you should engage with the locals and the community leaders. This is because they have authentic information about the land. They know the original owners, how the land came to be theirs, etc. 

Conclusion 

Excision is one of the land titles obtainable in Nigeria. It’s as powerful as a certificate of occupancy. Here’s why. With the excision document, the owners of the land have the right to use the land as they wish. 

Buying land with an Excision title is a good investment. It is also a more straightforward process because you are buying land that is directly from the government. 

Nevertheless, always do your due diligence. Involve the necessary professionals such as a property lawyer, land surveyor, land ministry, locals, and community leaders. Remember that investing in land is one of the best financial investment decisions you can make. In Nigeria, land excision is more common in Lagos State.

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