As someone who is interested in real estate in Nigeria, you have probably heard the terms land excision and Certificate of Occupancy (C of O). Many people assume they mean the same thing, but they are actually quite different. Understanding these differences can save you from costly mistakes, legal troubles, or even falling victim of real estate fraud.
In this article, we will be breaking down what land excision and certificates of occupancy really mean, why they matter, and how they affect your property ownership.
What Is Land Excision?
Think of land excision as the government giving back land that it once took over.
Under the Land Use Act of 1978, all land in Nigeria technically belongs to the government. However, some land was originally owned by families, villages, or communities before the government took control. Excision is the legal process where the government officially releases some of this land back to its original owners.
How Does Land Excision Work?
When land is excised, the government publishes the decision in an official document called a Gazette. This gazette serves as proof that the land is no longer under government control and can now be used, sold, or developed by individuals.
Without excision, land technically still belongs to the government, meaning any purchase could be risky. This is why checking whether land has been excised is crucial before buying any property
What Is a Certificate of Occupancy (C of O)?
A Certificate of Occupancy (C of O) is an official document issued by the government that confirms your legal right to occupy and use a piece of land for a specific period—usually 99 years.
Unlike excision, which determines who owns the land, a C of O determines who has the right to occupy and use the land.
How Do You Get a Certificate of Occupancy?
Once land is excised or allocated, a person or company can apply for a C of O to legally secure their land rights. This is issued by:
State Government – for land in urban areas
Local Government – for land in rural areas
Even if you buy land through a private transaction (e.g., from a family or community), you should still apply for a C of O to officially register your occupancy rights.
Does a Certificate of Occupancy Mean You Own the Land?
Not exactly. A Cerificate of Occupancy doesn’t give full ownership—it confirms your right to occupy and use the land. The land technically still belongs to the government, and after 99 years, the government can choose to renew or revoke it.
That’s why it’s important to ensure that the original title of the land is valid before applying for a C of O. Otherwise, you could end up with a certificate that doesn’t hold any legal weight.
Key Differences Between Land Excision and Certificate of Occupancy
| Feature | Land Excision | Certificate of Occupancy (C of O) |
| Definition | Process where government releases land back to original owners | Official document confirming the right to use and occupy land |
| Purpose | Establishes ownership rights | Confirms legal occupancy |
| Issued by | State Government (published in gazette) | State or Local Government |
| Legal Effect | Creates a new land right | Grants right to occupy land for 99 years |
| Risk if Absent | Land may still belong to government | Occupancy rights may be challenged |
To sum up:
- Excision determines if land has been released by the government back to its original owners.
- A C of O confirms a person’s legal right to occupy and use the land for 99 years.
Before purchasing land, always verify legal documents, check the land registry, and consult a lawyer to ensure your investment is protected.
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Disclaimer
This article is for general informational purposes only and does not constitute legal advice or create a lawyer-client relationship. Specific legal issues or concerns should be addressed by engaging a qualified legal professional. For tailored advice relating to your situation, please contact a lawyer or reach out to Black Oak Legal for personalised support.
