The following shall be the procedure for processing applications for excision:
STEP 1: APPLICATION FOR EXCISION
The Baale in Council/Secretary, family head or their duly authorised representatives shall forward excision application to the Land Use and Allocation Committee on the letter headed paper of the Community concerned.
The application submitted must be on behalf of the entire community and must included:
The Location and relevant Local Government Authority;
The Historical Background;
The population Figure;
Predominant Occupation of Community;
The perimeter Survey of the area claimed;
Proposed usage of the area to be excised; and
The justification for the Excision (i.e. reasons for request).
STEP 2: PROCESSING BY TECHNICAL COMMITTEE
Within 7 days of the receipt of an excision application, the same shall be forwarded to the Technical Committee on Excisions for processing.
STEP 3: CHARTING INFORMATION
The Perimeter Survey and other relevant information shall forthwith be handed over to the Surveyor-General for charting and status advice. This is to confirm whether or not proposed excision falls within any Government Acquisition or Revocation area, which is the basis for considering the application.
STEP 4: SITE INSPECTION
Within 14 days of receiving the Surveyor-General’s status advice. The Technical Committee members shall carry out a physical sit inspection with a view to ascertaining the authenticity of the claims in the application. Where applicable, this should be done in conjunction with representatives of the family, community or village concerned. During such visits, representatives and inhabitants of the community shall be interviewed with a view to obtaining additional information or documents to be considered along with the application.
STEP 5: CONFORMITY TO MASTER PLAN
Before submitting its report, the Technical Committee shall also ensure that the proposed usage of the area covered by the excision application conforms to the master plan of the locality.
STEP 6: SUBMISSION OF REPORT TO THE LUAC
Upon completion of the site inspection and all other necessary checks, the Technical Committee shall prepare a report and submit same to the LUAC detailing its findings and opinion on the application.
STEP 7: CONSIDERATION BY THE LUAC AND RECOMMENDATION TO THE GOVERNOR
The LUAC shall consider the Technical Committee Report and recommend the excision to Governor for approval or refusal, stating clearly its reasons. Where excision is recommended, the Committee shall state the full particulars of the proposed grantees and the size and description of land being recommended for excision.
STEP 8: PREPARATION OF SURVEY DESCRIPTION
Where excision is approved by the Governor, the Office of the Surveyor General shall within 30 days thereof prepare the perimeter survey and a full survey description of the parcel of land to be excised for publication in the Official Gazette and for use in preparing a Certificate of Occupancy for the grantees.
STEP 9: PREPARATION OF LAYOUT PLAN
A layout plan drawn by registered town planners of the families, communities or individuals concerned shall be submitted to the Ministry of Physical Planning and Urban Development for approval. To encourage the production of layout plan for excised areas the approval fees shall be charged on a concessionary basis of not more than 15% of the going rate.
STEP 10: EXECUTION OF INDEMNITY AGREEMENT
Before completion of the excision process, the grantees shall enter into an agreement to take the excised land in full and final settlement of all claims arising from previous acquisition/revocation of their land title and to indemnify the State Government for any damages caused by members, agents, or assignees of their family, community or village due to encroachment or vandalization of land outside the excision area.
STEP 11: PUBLICATION IN LAGOS STATE OFFICIAL GAZETTE
After the preparation of a detailed survey description of the excised area and execution of indemnity agreement by the grantees, the Technical Committee shall publish the approved excision in the Lagos State Official Gazette.
STEP 12: PUBLICATION IN NEWSPAPERS
To inform the general public about the nature, location and boundaries of the excised land, the Technical Committee shall also cause the Official Gazette to be published, at the cost of the applicants, in at least one newspaper having a wide circulation in Nigeria.
STEP 13: ISSUANCE OF CERTIFICATE OF OCCUPANCY
The State Government shall issue a Certificate of Occupancy to all grantees of excised land in the name of their duly authorized representatives within 30 days of the publication in the Gazette.
STEP 14: RECORDS OF EXCISION TO BE FORWARDED TO LANDS BUREAU AND REGISTRY OF EXCISED LANDS
Once completed, all records of each excision application and the relevant policy or administrative files in the custody of the LUAC and the Technical Committee shall be forwarded to the Land Bureau or the agency for the time being authorised to manage land transactions in Lagos State and all titles, Surveys, maps and gazettes evidencing approved excisions shall be appropriately registered by the Registrar of Lands in the Excised Lands Registry.
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*Documents you must know in this business*
*SURVEY PLAN*
A Survey plan is a document that measures the boundary of a parcel of land to give an accurate measurement and description of that land. The people that handle survey issues are Surveyors and they are regulated by the office of the Surveyor general in Lagos as it relates to survey issues in Lagos. A survey plan must contain the following information:
1. The name of the owner of the land surveyed
2. The Address or description of the land surveyed
3. The size of the land surveyed
4. The drawn out portion of the land survey and mapped out on the survey plan document
5. The beacon numbers
6. The surveyor who drew up the survey plan and the date it was drawn up
7. A stamp showing the land is either free from Government acquisition or not
*EXCISION*
Land Use Decree on the 28th of March, 1978 that vested all lands in every state of the Federation under the control of the State Governors. The Land Use Act coupled with other laws made it possible for the Governor who was now the owner of all lands in the state to actually have the power to Acquire more lands compulsorily for its own public purpose to provide amenities for the greater good of the citizens.
Fortunately, the government recognizes that indigenes of different sections of the country have a right to existence . . . a right to the land of their birth. Hence, it is customary for state government to cede a portion of land to the original owners (natives) of each area.
An Excision means basically taking a part from a whole and that part that has been excised, will be recorded and documented in the official government gazette of that state. In other words, not having an excision means the land could be seized by the Government anytime without compensating you even if you bought it “Legitimately” from the Baale or the Original dwellers on the land.
*GAZETTE*
A Gazette is an Official record book where all special government details are spelt out, detailed and recorded
A gazette will show the communities or villages that have been granted excision and the number of acres or hectares of land that the government has given to them. It is within those excised acres or hectares that the traditional family is entitled to sell its lands to the public and not anything outside those hectares of land given or excised to them.
A Gazette is a very powerful instrument the community owns and can replace a Certificate of Occupancy to grant title to the Villagers. A community owning a gazette can only sell lands to an individual within those lands that have been excised to them and the community or family head of that land has the right to sign your documents for you if you purchase lands within those excised acres or hectares of land.
If the government based on some reasons best known to them decides to revoke or acquire your land, you will be entitled to compensation as long as it’s within the Excised lands given to that community.ad land to buy.
The best way to know whether a land is under acquisition or has an excision that has been covered by a Gazette is to get a surveyor to chart the site and take it to the surveyor general’s office to do a land information to confirm whether it falls within the gazette and spell out which particular location it can be found.
*CERTIFICATE OF OCCUPANCY*
A Certificate of Occupancy (C of O) issued by the Lagos State Government officially leases Lagos land to you, the applicant, for 99 yrs. As already indicated above, all lands belong to the Government.
A C of O however is the officially recognized Document for demonstrating Right to a Land.
What happens after 99 years? That question is still subject of debate among experts. Most have adopted a wait-and-see attitude. Others postulate that as the new owner of the land, you the buyer, can renew the certificate of occupancy when it expires. That makes sense, but for now is largely a case of “We shall see when we get there”
*DEED OF ASSIGNMENT*
A Deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land to that the Seller that has just bought land.
The Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a _*Governor’s Consent*_ or _*Registered Conveyance*_.
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