Governor’s consent: what delays perfection of title, and what does not

Where the rule comes from

Section 22 of the Land Use Act 1978 provides that the holder of a statutory right of occupancy may not alienate it, by assignment, mortgage, transfer of possession, sublease or otherwise, without the Governor’s consent first had and obtained. Section 26 makes any transaction or instrument that contravenes the Act null and void. The Supreme Court applied the rule strictly in Savannah Bank v Ajilo (1989), and it remains the working position for land held under a Certificate of Occupancy or a previously registered consent.

In practice the sequence is settled. The parties agree terms and sign the deed of assignment. The deed then goes to the Directorate of Land Services at the Lagos State Lands Bureau with Land Form 1C, a certified true copy of the seller’s root of title, three copies of the deed with survey plans, photographs and, where a party is a company, its incorporation documents.

The Bureau verifies the root of title, searches for encumbrances, charts the survey plan and values the land. It then issues a demand notice. The file moves only after that is paid and the receipts are lodged. Once consent is endorsed, the deed is registered, and the registered deed is the buyer’s title.

What actually causes delay

Most delay comes from the file, not the queue. Each of these can be checked before the application goes in.

1. 01A gap in the seller’s own chain. If the seller, or someone before them, bought without obtaining consent, the Bureau will not endorse a fresh transfer until that earlier step is regularised. A search at the Land Registry shows whether each transfer in the chain was perfected.
2. 02A survey plan that does not chart cleanly. A plan that does not match the plot, lacks approved survey marks, or places the land within a government acquisition or right of way will be queried. Charting it at the Office of the Surveyor-General before signing exposes the problem while the price can still be renegotiated.
3. 03Documents that describe the land differently. A name spelt one way on the root of title and another on the deed, or a plot size that differs between the deed and the survey plan, draws a query. These are corrected before filing, not after.
4. 04Charges assessed on the Bureau’s valuation, not the price paid. The demand notice is based on the Bureau’s own assessment of value, which since 1 May 2026 follows the state’s revised land values, several times higher than before in many areas. Private or excised land can attract a neighbourhood improvement charge on top. Files often wait while a buyer finds money they had not budgeted for.

Signing the deed starts the process. Consent and registration finish it.

What does not

Signing the deed and paying the price before consent is not, by itself, a defect. Consent is ordinarily sought after the deed has been prepared and executed. A slow application does not undo the agreement between buyer and seller. What remains incomplete until consent is endorsed is the transfer of the legal interest.

Nor does a buyer need a new Certificate of Occupancy in their own name. In Lagos, the deed of assignment with consent endorsed and registered is the buyer’s title document. The seller’s Certificate of Occupancy remains the root it rests on.

What a buyer can do

Most of the delay is decided before the application is filed. Before paying the balance, get a search report from the Land Registry, chart the survey plan, and check that names and measurements match across every document.

Keep back part of the price until the seller has signed Land Form 1C and handed over a certified true copy of the root of title, because the application cannot be filed without them. When the demand notice arrives, pay it and lodge the receipts in the same week. Keep the acknowledgement and file number. Once consent is endorsed, see the deed through registration.

At Firmpoint we advise, guide and act on behalf of clients at every step of a land purchase, from the search and survey checks to registration of the deed.

• In Lagos, a purchase is complete only when consent is endorsed on the deed and the deed is registered.
• Budget for charges on the Bureau’s assessed value, which rose sharply in many areas on 1 May 2026: about 3% for a standard sale under its published schedule, plus any neighbourhood improvement charge.
• Do not pay in full before the seller has signed Land Form 1C and handed over the root of title.