If you already have a budget in place, you might be wondering: what exactly is land excision in real estate?

Or, what land documents should you have?

These questions are crucial as they provide insights into your property needs and help you avoid future pitfalls during the purchase journey. Understanding this is vital because:

• You’re at a disadvantage if you don’t have the proper land title document.

Here’s why:

70% of land in Nigeria lacks proper authentication. This means most of these lands have issues that could complicate your investment.

To avoid getting tied up in problematic transactions, knowing about land excision in Nigeria is essential.

Wouldn’t having a comprehensive guide showing you exactly how to navigate land excision would be nice?

That’s precisely what we aim to provide.

So, let’s dive in and explore what you need to know about land excision in Nigeria.

The History of Land Excision

The practice of land excision by non-white landowners in Nigeria’s northern territory is a significant historical issue dating back to the early nineteenth century. This practice, introduced by European settlers, has been a source of social conflict from its inception.

Notably, the Yoruba people strongly criticized the practice, viewing it as unjustified and biased. This conflict didn’t just cause social unrest; it led to a broader shift in land use and ownership patterns.

Here’s what happened:

From the mid-nineteenth century to the twentieth century, land excision expanded significantly. The Yoruba people believed that land held infinite healing power, and the practice of excision disrupted this belief. At the time, much of Nigeria’s land was arable and valuable for agricultural purposes, yet the practice of excision altered this traditional use.

European settlers initiated the practice of excision, but the Yoruba had their land use traditions. The Yoruba referred to this practice as “Excision of Land.”

Let me explain further:

The Yoruba tribe, already divided into northern and southern groups, had distinct attitudes towards land use. The Yoruba of the north, led by the Yoruba Sinka, had a significant history of slavery. In contrast, the Yoruba of the south, led by the Yoruba Siken, were known for their strong resistance to slavery.

Thus, the concept of “Excision of Land” was born from these historical and social dynamics, influenced by European settlers and the Yoruba people’s cultural practices.

Understanding Land Excision

What is Excision?

The term “excision” refers to the act of removal. In the context of land, it means removing government ownership over a piece of land.

What Exactly is the Excision of Land?

Excision in land matters is the process by which the government formally transfers ownership of land it previously held to individuals or communities. Here’s a more precise picture:

• Excised Land: Land once owned by the government and has now been transferred to private individuals or communities. Once excised, this land becomes free land that can obtain a Certificate of Occupancy (C of O).

The government’s decision to excise land is complex and requires careful oversight. This is because the government has the authority to allocate land, and such decisions impact the investment value of the land significantly.

Modern Land Excision

Modern land excision refers to the process by which state governments release portions of land to indigenous people within the area. This system was adopted to compensate the original landowners most affected by the enactment of the Land Use Act in Nigeria.

The Reason Behind Land Excision

The Land Use Act vested ownership of all land in Nigeria to the federal government for lands in Abuja and state governments for lands within their respective states. To compensate for this, parts of the land are excised and returned to the indigenous people.

Understanding the nuances of land excision is crucial for anyone involved in real estate in Nigeria. This knowledge helps ensure informed investment decisions and safeguards against potential pitfalls.

What Does Land Excision in Progress Mean?

Simply put, land excision in progress involves transferring land ownership from the government to individuals or communities. It’s a legal process that takes land previously owned by the government and allocates it to indigenous people for use.

In Detail:

When we talk about land excision in progress, it means that the land is still undergoing the process of being released, allocated, and officially granted to the indigenous people by the government. Until every step of this process is completed—from the initial application by the indigenes to the final approval by the governor—the land remains under government ownership.

Key Points to Note:

1. Initiation: The excision process starts when a community applies to the government to claim ownership of certain lands in their area legally.
2. Complexity: The process is tedious and involves numerous steps and modalities that must be addressed before the land is handed over to the indigenous people.
3. Investment Considerations: Understanding the excision process is crucial for making informed investment decisions. Knowing the land’s status can significantly affect your investment’s security and value.

What You Need to Know About Excised Land in Nigeria:

1. Cost Implications:

   • Excised land is often more expensive because you pay for the land and the excision process.
   • However, this cost ensures your investment is secure and free from future legal challenges.

2. Legal Security:

   • Once the land is excised, it will go through all necessary legal processes, reducing the risk of future disputes.
   • Adhering to the master plan and state regulations ensures complete control of your land.

3. Importance of Verification:

   • It’s essential to verify whether the government has entirely excised and approved the land. This step is crucial to avoid future issues.

Dangers of Owning Land Under Excision (Not Yet Approved):

1. Uncertainty:

   • Not all applications for land excision are granted. If you invest in land under government control, you risk losing both the land and your investment.

2. Potential Loss:

   • If the government does not approve the total amount of land requested, you might have less land than you paid for. This could significantly impact your investment plans.

3. Uncertain Future:

   • Land still under excision and not verified can be reclaimed by the government for public use, resulting in the demolition of properties and loss of your investment.

Precautions to Avoid Purchasing Unverified Land

Regarding land investments, it’s crucial to ensure the land you purchase is verified to avoid legal issues and financial losses. Land is one of the hottest commodities, selling faster than ever before, but it’s also an area where many investors end up in disputes and lawsuits. This guide will help you avoid such pitfalls.

Key Precautions:

1. Understand the Excision Process:

   • Land in the excision process is still under government acquisition until the application is approved and signed off.
   • Ensure the land has completed the excision process and is no longer under government control before purchasing.

2. Use Reputable Real Estate Companies:

   • Consider working with established real estate companies that can compensate you if the ruling doesn’t favour your investment.
   • Avoid dealing with vendors like Omonile, as you risk losing your property without recourse.

3. Verify Land Titles:

   • Before buying, recognize the land title to ensure it will give you full ownership after purchase.
   • Ensure the land title is authentic and verified by the government.

Differences Between Excision and Gazette:

• Excision: This is the process where the government hands over land to the state’s indigenes.
• Gazette: This is the official document that announces the land has been excised. This means that the land is free from government possession and can have a legal title.

Important Points:

• A gazette lists communities with excised land and the number of hectares cleared for use.
• Once land is gazetted, it becomes eligible for a Certificate of Occupancy (CofO).

How to Identify if the Land is Truly Excised:

1. Hire Professionals:

   • Engage professionals to investigate and verify if the land is approved by the government.

2. Surveyor Services:

   • Hire a surveyor to get accurate coordinates and a proper analysis of the land.

3. Check with Authorities:

   • Verify the land status at relevant government offices, such as the Ministry of Physical Planning and Urban Development.

Final Thoughts:

The process of land excision is rigorous and can take months. Knowing all about the excision process will help you make informed decisions and avoid scams. It’s best to invest in land that is already verified by the government to secure your investment.

And don’t forget to share this super helpful guide! Happy Investing!