A Certificate of Occupancy, commonly called a C of O is a legal document issued by the government and a proof of ownership of land in Nigeria, but is it conclusive proof? The purpose of obtaining a Certificate of Occupancy is to establish that the house or building is in a live able condition according to the law. The one feature that makes a Certificate of Occupancy different from all other title documents is that no land can bear more than one Certificate, whether bare or developed.
Upon application, the Governor is saddled with the responsibility of issuing a Certificate of Occupancy to the person in whom title of land is vested in. The issuance of this Certificate confers upon the holder a statutory right of occupancy. The Governor of a State has the power in respect of land, whether in urban areas or not, to grant statutory right of occupancy to any person for all purposes. A statutory right of occupancy automatically extinguishes all existing rights in respect of the parcel of land over which it is granted. A statutory right of occupancy is the highest title a person can hold under the Land Use Act as proof of ownership of land.
The certificate of Occupancy is not in competition with any other document. It is superior to all and all other documents must bow to it. It has the finality in terms of its contents in respect of the person, the parties and the property described therein. This is why all other relevant documents/instruments affecting land are examined and their validity/genuineness satisfied before the issuance of the Certificate. Making a false claim in order to obtain a Certificate of Occupancy is a criminal offence punishable by law. Where a Certificate of Occupancy is issued to a person in respect of land covered by a Deed of Conveyance or any other instrument, the Certificate prevails over the deed of Conveyance or those other instruments.
However, the presumption that the holding of a certificate of occupancy is conclusive evidence of the title over the land covered by it and its exclusive possession can be challenged. This is because possession alone will not automatically confer a right to statutory right of occupancy. It must be shown that the possession was rightly conferred. As such, where it is proved that possession was not rightly conferred, the Certificate issued can be challenged, rendered invalid and declared null and void. A Certificate of Occupancy can be nullified at the instance of a party with a better title. Where it is proved that another person, other than the grantee of a Certificate of Occupancy has a better title to land, such certificate can be set aside or discountenanced as invalid or defective. It can be revoked by an order of Court of competent jurisdiction on the ground that the Governor was initially misled into granting it.
Also, a grant of statutory right of occupancy can be revoked by the Commissioner of Lands for overriding public interest, non payment of rents, rates, taxes and for failure to comply with the terms of the Right of Occupancy.
We provide Real Estate Attorney Services
CONTACT US via telephone call or whatsapp on +234 708 424 1826 or send an email to contact@jubileedeeds.com