UNDERSTANDING EXCISION IN PROPERTY LAW
INTRODUCTION
Prior to the enactment of the Land Use Act in 1978, land ownership was vested in the original owners, comprising families and communities, who exercised full control and ownership rights over their lands. However, the implementation of the Land Use Act transferred ownership and control of all lands to the government.
Following careful consideration, the government opted to return these lands to their original owners. To facilitate this process, a mechanism called “excision” was established. Excision enables the government to relinquish ownership and return portions of land to their original owners, restoring their rights and interests in the land.
What is Land Excision?
It is a legal process initiated by the government of Lagos State to release some land back to indigenous communities or Individuals.
Process of Land Ownership Through Excision
- Application: The community or individual provides the Lagos State Ministry of land with a document showing the land once belonged to them.
- Technical Review: Other government groups might also review your request.
- Submission of Survey: There is need to get a professional (surveyor) to measure the land and draw a map.
- Site Inspection: A technical committee might visit the land to verify your application.
- Layout Plan: A layout is developed and sent to the Ministry of Physical Planning and Economics.
- Indemnity agreement: The individual signs that he/she is responsible for the land.
- Final Review: The technical report is reviewed and sent to the government.
- Publication: If approved, the decision will be announced in the state Official Gazette.
- Archiving: The State land bureau office will keep copies of all the Excision documents and surveys.
In Conclusion, It is advisable not to get a property under excision unless the official gazette is out because it is still under government acquisition.
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