One of the most valuable assets a person or a community can own is land. It can be passed down from one generation to another and can be used for several purposes.
Land ownership however is quite confusing in Nigeria because as stated in the Land Use Act of 1978, the government controls all lands, meaning that all lands technically belong to the government.
However, many communities and families have lived on and used lands within their locality for generations. This is more reason we’d study what land excision is.
Land excision is the legal process that allows the government to recognize and return land to these original owners.
Understanding land excision is very important, especially for individuals interested in real estate, land investments, or community rights.
We explained the process of land excision, its importance, the risks involved, and how to verify excised land before purchasing.
Table of Contents
- What is Land Excision?
- Why is Land Excision Important?
- Land Excision Processes
- Understanding the Role of a Gazette in Excision
- Risks and Challenges of Land Excision
- How to Verify an Excised Land Before Buying
What is Land Excision?
Land excision is a legal process where the government releases a portion of land to its original owners. These people stay in the indigenous communities where the land is located. Once excised, the land is no longer under government control and can be legally sold, developed, or used by the community.
Remember from the land use act that the government owns the lands in the country, now when the government allows the community to take a portion of the land it’s known as land excision.
Once the land is excised, the government documents it in an official record known as the gazette. The gazette serves as proof that the land is now legally recognized as being owned by the community.
Why is Land Excision Important?
Land excision plays a major role in ensuring fairness and protecting community lands.
It helps to preserve the heritage of communities that have lived on the same land for generations. Without excision, the government could take their land at any time.
Land excision helps protect the culture and history of communities to their land.
Not only that, it brings economic opportunities to the communities. The community can legally sell their lands, develop it for housing or farming and can use it as collateral for loans to finance whatever project they’ve embarked on.
Excision ensures that the land is recognized legally, thereby reducing disputes and preventing those who’d forcefully want to take over.
Land Excision Processes
For a land to be excised, it follows a step by step process. The following includes the processes for a land to be excised:
Step 1: Application
The first process is the application process, the community or family will submit an official request to the State Government asking for their land to be excised.
They must provide documents showing that they are the original owners of the land.
Step 2: Verification
After that is the verification process. Here, the government checks records to confirm that the land indeed belongs to the requesting community. This process helps prevent fraud or false claims over some said lands.
Step 3: Surveying
The government would then send their officials to come measure and map the land using professional surveyors.
This is done after the government has verified the land. The surveyors ensure the exact boundaries are properly recorded.
Step 4: Approval
Now, once the government is satisfied with the community’s claim, they can then approve the excision request made by the community or family.
Step 5: Issuance of Documents
After approval, the excised land is published in an official record called a gazette. The community can now obtain a Certificate of Occupancy (C of O), which allows them to sell or develop the land legally.
Understanding the Role of a Gazette in Excision
A gazette is an official government publication that lists excised lands. Once land is published in a gazette, it becomes recognized as legally owned by the community.
If you want to buy land that has been excised, checking the gazette is the first step to confirming its legitimacy.
You’ll find inside the gazette;
- The name of the community that owns the excised land
- The location and size of the land
- The date the excision was approved
Risks and Challenges of Land Excision
- Excision in Progress
Some land sellers advertise land as “excision in progress.” This means the excision is not yet completed.
Buying such land is risky because the government may refuse to approve the excision. Always confirm that the land is fully excised before making any purchase.
- Land Fraud and Scams
Fraudulent land sellers sometimes claim that land is excised when it is not.
As a buyer, you must always verify land documents before making payments. This will help you in avoiding scammers posing to be original land sellers.
- Bureaucratic Delays
Another reason that can delay land excision is the strict laid down rules that the government put in place.
The excision process can take many years due to government delays.
Sometimes , the communities struggle with so much paperwork and slow approval processes from the government.
How to Verify an Excised Land Before Buying
To avoid land fraud, follow these steps before buying excised land:
- Request for Documents:
Ask for the gazette record, this will prove that the land has been excised.
Then request for a survey plan and check if it matches government records.
2. Check the Gazette:
Visit the Lands Bureau in your state and check if the land is listed in the gazette.
A real estate agent can help you confirm if you’re not staying around the locality.
3. Conduct a Search at the Land Registry:
You can also conduct a personal search to verify if the land is excised.
The Land Registry holds records of land ownership.
Conducting a search helps confirm if the land is legally excised.
4. Engage a Lawyer or Surveyor:
Always involve a real estate lawyer or land surveyor to help with verification.
Especially when you don’t stay around. Confirm from a legit real estate surveyor or lawyer to know if the land has been excised.
5. Avoid Buying Excision in Progress Land:
If a land seller tells you excision is in progress, wait until the process is completed before making a purchase.
Conclusion
Land excision is a crucial process that helps communities regain control over their ancestral lands. It provides legal security, economic opportunities, and preserves cultural heritage to these communities.
However, excision comes with risks, such as fraud, long approval processes, and the danger of buying land still under excision in progress. As a buyer, always verify land documents, check the gazette, and consult a professional before purchasing excised land for you to stay safe.
By understanding how excision works, property investors and everyone in general can make informed decisions and avoid land related scams.