Dangers in Buying Lands with Excision in Process
“EXCISION IN PROCESS” or “EXCISION IN PROGRESS” is the most commonly utilized land scam gimmick use as of recent by some of the real estate companies, agents, and land marketers, particularly in Ibeju Lekki.
These real estate agents use it to entice purchasers who are buying lands from them, they say that they are undergoing “Excision Processing” and that the property already has a “FILE NUMBER.” It’s still a swindle, whether they say it innocently or carelessly, and investors should be wary of this act.
Meanwhile, if a property’s title at the time of acquisition is “EXCISION IN PROCESS” and “FILE NUMBER,” is stated, it still doesn’t make the Landed property a good title for one to purchase. It simply implies nothing and the property can be acquired back by the government without any compensation.
To better comprehend what an “Excision in Process” is, I’ll try to explain what it means and how it’s become the most fraudulently used word in Nigeria today to put millions of people at risk with their investment.
In this article, I’ll be explaining the dangers involved in buying lands with the supposed title “EXCISION IN PROCESS” or “EXCISION IN PROGRESS”. But before then, let’s find out the meaning of this title “EXCISION IN PROCESS”.
Definition of Excision in Progress
It’s impossible to understand the term ‘excision’ without referring to this well-known property law. According to the Land Use Act of 1979, it states “The Land Use Act of 1979 stipulates that every portion of land belongs to the government.”This is when the term “excision” comes into play.
Excision implies taking a section of a whole and recording and documenting that portion of land in the official government gazette of that state, making it legally exempt from government acquisition.
What is Exactly is the meaning of the Land title “Excision in Progress”?
It is necessary to excise land before it can be returned to indigenous communities. As a result, excision in progress or excision in process refers to the process of returning land taken by the government to indigenous owners or communities.
Meanwhile, in this article, we want to discuss the risks involved in buying lands with the title “Excision in Progress” since we now understand both the meaning of Excision and Excision in Progress.
Not A Title
This is the most important aspect of this article. There’s nothing like “Excision in Progress or Excision in Process” as a Land title. A land title can’t be an excision in progress. For those planning of buying lands here in Nigeria, we only have the following Land titles such as;
- Excision and Gazette which simply means the government releasing a portion of land that had previously been subject to global acquisition to the community or individual for development. They’ll be issued a government-approved excision, and documentation for the land can be completed up to the level of the governor’s assent.
Meanwhile, the gazette is an official record book that contains all of the data about a plot of land that has been excised and returned to the community. The information includes the name of the community as well as specifics on the area of land that has been carved out.
The land is normally gazetted when the excision document is delivered to the surveyor general’s office. A person can apply for a certificate of occupancy or governor consent through a gazette.
- Certificate of Occupancy known as C of O is an authorized document of grant issued by the State Government to an individual, a group of investors to confer ownership and right of occupancy in a specific piece of land for all uses for a period of time not to exceed 99 years, subject to renewal.
- Governor’s consent simply refers to the approval of any land transaction by the governor of each state in Nigeria. Consent is normally essential for the completion of any land transaction, therefore it’s an important component of the process. The main goal of obtaining a Governor’s Consent is to notify the government that land ownership has been transferred to someone else.
Therefore, if you’re buying lands from an individual or a real estate company, you should be aware that “excision in progress” or “excision in process” is not a legal land title for any property and not recommended.
No Structure is Allowed
Construction of any structure either a residential or commercial area is not permitted on ‘Excision in Progress’ land. As you may be aware, the government owns the land that has been acquired.
And as such, you should not think of buying land with “Excision in Process”, not to talk of thinking of building or erecting a structure on it is not allowed, as such building can be pulled down by the government at any given time if the government decides to take the land tomorrow and it’ll occur without any compensation.
No Red Copy Survey
For ‘Excision in Progress’ Land, the government does not provide a red copy survey. Even though, we’ve seen some companies across Nigeria’s online platform advertising for properties and claiming that they are awaiting approval and that the land has a Red Copy Survey.
The truth is that a land that is pending excision from the surveyor general’s office cannot be awarded a red copy survey since the land does not have a legal land title. This is another reason you shouldn’t think of buying lands with the “Excision in Process” claim.
Not 100% Sure
Excision Approval is 50-50 Chance and may not be approved. Regardless of whether or not the land is committed, the government may or may not agree to the excision application. Therefore, it’s safer not to think of buying lands with “Excision in Process” or acquiring any Land with the “Excision in Progress” title because there’s no title like that and wait until the land is fully Excised.
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