Excision of Land, Excision In Progress, And Gazette Document

Ever came across the terms excision of land, excision in progress, gazette documents without knowing the differences between these three important terms in real estate?

Well, we’ve got you covered!

Understanding these three concepts is crucial, particularly if you’re considering purchasing a piece of land. It is crucial that you comprehend and take these factors into account before making a land purchase.

Let’s unravel the mystery behind these terms!

What Is Excision of Land?

According to the Land Use Act (1978), the government owns all land and may choose to release portions of it to previous owners with confirmed proof of ownership. Before the Land Use Act of 1978, lands in Nigeria were mostly under the control of traditional families and communities. The Land Use Act of 1978, however, gave Governors direct control over lands.

The process of land excision is a way of compensating original land owners after the implementation of the Land Use Act. In clear terms, excised land is property that the government once possessed but now belongs to the people residing there. Excision of land denotes the legal release of a portion of land to indigenous settlers through a government gazette. It is a legal process by which governments release portions of land to native landowners.

After a piece of land has been excised, the land is no longer owned by the government, the recipients have full control over it and are free to use it however they see fit within the bounds of any local rules and regulations, and the Certificate of Occupancy procedure can be carried out.

What Is Excision of Land In Progress?

A piece of land must first be excised before it can be released to the indigenous people. Excision in progress is however the process of returning a piece of land that the government has acquired to its native owners. Simply put, excision in progress refers to the legal process of transferring land from the government to indigenous people for their use.

Procedures To Getting Your Land Excised

  1. The land excision application will be sent to the Land Use Allocation Committee (LUAC) designated by your state for processing. The proposal would contain information on the population, purpose of the excised location, community’s historical development, and other vital information.
  2. Within seven days of receipt, the letter will be sent to the LUAC Technical Committee for additional processing.
  3. The surveyor-general will then be handed the perimeter survey of the area to be excised. The surveyor-general will examine the charting and determine if the intended excision falls within the government attained area. If the intended excision falls within the government attained area, the proposal will be immediately withdrawn.
  4. The area will be physically examined by the technical committee after getting approval from the surveyor general. The aim of this is to confirm the authenticity of the claims made in the application and to interview members of the community in order to acquire further information that will be essential in deciding whether the application is accepted or denied. This time-span of this is 14 days after the issuance of the Surveyor General’s report.
  5. After checking the property, the technical company can decide if the intended use of the land is in line with the master plan for the area.
  6. The technical committee then produces a report and submits it to the LUAC. This report includes all the files acquired from the land, the results of on-site inspection, and opinions regarding if the permit should be approved or revoked.
  7. The LUAC reviews all the document and information provided by the technical committee, reaches a conclusion and recommends a course of action to the governor, which may include granting or rejecting the excision request for relevant reasons.
  8. As soon as the governor’s office receives the excision order, the surveyor-general’s office is informed, and within 30 days, a thorough perimeter survey of the designated area is carried out.
  9. Registered town planners, or individuals interested in the land excision proposal will be commissioned to create a layout plan for the new portion of land which will then be submitted for approval to the state’s Ministry of Physical Planning and Economic Development.
  10. The recipients of the land must enter into an agreement with the government to accept the land in full and total settlement on all previous claims on the land. Also, the grantees may agree to compensate the government for losses incurred as a result of encroachment and vandalism of land caused by relatives, and individuals outside the excised location.
  11. After the above conditions have been satisfied, the technical committee publishes the land excision in the Lagos State Government’s official gazette.
  12. The official gazette will be released by the technical committee in at least one widely read publication. The purpose of the publication is to provide the general public with information regarding the land’s status, the boundaries of the excised land, and other pertinent details. The applicant is responsible for covering the cost of the newspaper advertisement.
  13. The government is required to issue a certificate of occupancy on the excised land to the authorized members of the grantees within 30 days of the official gazette being published in newspapers.
  14. All administrative files and records of the excision are sent to the State’s land bureau office after the completion of every step listed above.  The Registrar of Lands of the Excised Lands Agency will then formally put the excision, surveys, maps, titles, and gazettes into the records.

What Is A Gazette Document?

A Gazette document is a government journal that is used to keep track of how many lands belong to the community and how many the government has acquired. It can be defined as an official statement released by the government to announce that a particular piece of land has been excised. When a piece of land has been excised, it is recorded in the gazette.

A Gazette will show the communities that have been granted excision as well as the amount of hectares the government has given to them. The gazette states the size, position and location of the lands. It also states the day, month, year, volume and the page which it was recorded.

A Gazette displays the precise location of the beacons indicating the beginning and end of both the community land and the newly acquired government land. Excision is the handover of land from the government to the indigenes. Gazette is the official document to that effect.

There you have the differences between Excision, Excision in Progress and Gazette documents. The three terms discussed in this article go hand in hand and aren’t independent of each other. Having adequate knowledge of these terms will help prevent you from wasting time, and resources especially when looking to buy a piece of land!

If you found this post interesting, please leave a comment, and if you have any questions, do not hesitate to ask as we will be happy to help you in whatever way we can. Also, for more insightful posts like this, stay updated with the blog.

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