Sunday, March 10, 2019

LAND AND IT'S CLASSIFICATION

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Definition:
Land can be simply defined as part of the earth's surface that is not covered by water.
From time immemorial, land has been seen as the basis of wealth, and many of the wealthiest people in any society are usually people who have vast investments and income in land.
This land could later be used for several purposes such as farming, poultry, real estate development, etc.
There are two main classifications of land:

CLASSIFICATION

Land can be classified as either free or acquired. Land is said to be free if government has not indicated any form of interest in that land. These types of land are considered safe to buy because subsequently, the title on these land  can be perfected without any issues. These land will have titles such as Gazette, Certificate of Occupancy, or Governor's consent.
It should however be noted that all land that fall within areas that have been designated as 'urban areas' are actually under government acquisition until these land are either deemed as being committed or free.

Types of Acquisition

1) Committed Acquisition
2) General / Global Acquisition

Committed Acquisition
Land is classified as being under committed acquisition when government has indicated their interest or intention to use that parcel of land for a specific purpose. These could include provision of amenities such as schools, government hospitals, provision of housing, etc. These types of land can never be available for use to individuals. It is noteworthy that individuals who don't bother to verify if land is under committed acquisition are taking a huge risk if it is, as the government can take possession of the land even if the individual has built a property on the land. These types of land are impossible to perfect titles on it & the individual wont be compensated if he is evicted from the land.
Land which is therefore under committed acquisition should never be purchased at all.

GENERAL/GLOBAL ACQUISITION

These types of land can later be confirmed as either 'free' or 'committed' So, the question is :
How can a parcel of land under general acquisition become free??
A parcel of land under general acquisition can become free by a process known as Excision.
So, what is the meaning of excision? ?
Excision is simply a process whereby the government releases a portion of an expanse of land that is not under committed acquisition..
 It is derived from the word 'excise' which means 'to remove a part out of a whole'
 Thus, when a parcel of land which was formerly under general acquisition becomes excised, that excised part becomes free & is gazetted.  The gazette becomes the title on the land & such land is safe to buy because a proper title can be processed on the land.

Gazette
  A gazette is an official record book of the government where all government land details are spelt out in detail & recorded. A gazette will show the villages ,towns & communities that have been granted excision & the number of acres or hectares given to them. It should be noted that it's within those excised acres or hectares that the traditional family is entitled to sell land to the public & not any land outside those acres or hectares of land given or excised to them. A gazette is therefore a powerful land title the community owns. The gazette then becomes the title on the land & such land is safe to buy because a proper title can be processed on the land. The best way to know if land is under acquisition or has an excision that is covered by a gazette is to get a Surveyor to chart the site & take it to the Surveyor general's office to confirm if indeed the land is free from government acquisition & falls within the excised land that have been covered by a gazette.
There is a second case where land under general acquisition can be released or considered free without going through excision. Such land can go through another process called Ratification or Regularisation.
In this case scenario, the owner of the land pays for the land to be ratified or regularised. The  criteria for ratification/regularisation is that
(1) The land must not fall within land under committed acquisition.
(2) Another criteria is that the reason the land was bought must not disrupt the original plans of the government for the particular area or location..


DR. BOONYAMIN OYENEYIN, *M.B.CH.B, A.C.S., A.C.S.I.(UK)

Medical doctor, Associate Chartered Stockbroker, Certified Financial & Investment Analyst and Real estate consultant.
N.B.: I can also be contacted if anyone is looking for genuine land or property to purchase.

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