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Hidden Facts About the Excision in Process & Excised Lands

Posted by Admin_Josephine on December 8, 2020

Before the Land Use Act of 1978, the indigenes of an area owned and exercised complete control over the sales, lease and any activities done on and with their land. The Land Use Act of 1978 changed that. The Land Use Act  stipulated that every land in Nigeria belongs to the government.However, the government still recognises the ancestral ownership on lands.So what  the government does is that it  releases a portion of the land to the indigenes of that land.A portion of that land is “EXCISED”

Government Acquisition Land & Excised Land

So if there are 500 hectares of land. The Government takes 100 and gives 400 back to the community. The 100 hectares  that are taken  is called  ‘Land Under Government Acquisition”.  Unless you have the Governor’s Consent, you cannot acquire or buy a land that is Under Government Acquisition. The remaining portions of land not under Government Acquisition has been excised.

Now let’s say we want a portion of  land to be released by the Government? Before a portion of  land is released to the community, it needs to be excised.

Meaning of Excision in Process

EXCISION IN PROCESS is the process of applying for a  portion of land to be excised by the Government. After that , the land is no longer under government acquisition  and a C of O can be applied for.

What Are the Key Truths You Should Know About Excision in Process

  1. Excision in Process is Not a Title: Though we are discussing this under the land titles, Excision in Process is not a title. It’s not recognized by the law and holds no real power in the real sense of title. It is just a name of a process of application
  2. You cannot build on an excision in process land: So no development cannot start. You can neither take possession and erect any building on it.
  3. Approval is not guaranteed on an “Excision in Process”: It behoves on the government to approve all, just a part or none(YES NONE) of the applications. Because there is a file number does not mean that it will be approved. It’s a gamble. I’m sure you are wondering– so what happens when you buy an excision in progress plot and it’s not approved? Well  it depends on the Real Estate company you are dealing with. A reputable real estate company will have it in their Indemnity clause. Most times the clause will state that if Excision is not approved, they will move you to another location in their portfolio. Sometimes it may say there will be a refund (of course excluding charges) The Indemnity clause will be in the contract of sales which will be given to you after purchase. So yes it always pays to work with reputable real estate companies. At Gumbull, we only do land and houses with their titles that are completely approved. We don’t do Excision in Process lands.
  4.  It takes time: Maybe in the far future, it will be fast and easy- i believe the world is getting better and hitherto mundane and tasking processes are becoming easy.. However, the current status quo is that It can be an expensive process that involves the expedition of a lot of resources. 

So you may be wondering- why then do people buy lands like this? 

  • Lands like that are cheap: Compared with lands that have their complete titles, an excision in process land is usually relatively cheaper.  
  • Ignorance: They think it’s actually a land title. Someone, somewhere told them- it’s a good land. It has Excision in Process. It has a file number. uH…No.

Speaking of ignorance, that is why we are here- to help guide your real estate investment decisions so your ignorance does not cost you big time.

Looking to buy a land or house. Please  visit our website- we have seasoned representatives who will be super-excited to work with you!

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