IS THE C OF O DIFFERENT FROM THE GOVERNOR’S CONSENT?

There are certain situations where this question arises . Sometimes, it is when a prospective purchaser needs the vendor to prove his title. Other times, it is when an owner of (or better put, a holder of interest in ) a land or building needs to perfect his interest . For any one in any of those situations, I believe these explanations will help:

As a proof of a grant of a statutory right of occupancy to any person, or when any person is in occupation of land or building under a customary right of occupancy and applies in the prescribed manner, or when any person is entitled to a statutory right of occupancy, it is the Governor of the State who issues a certificate. That certificate is called a Certificate of Occupancy (C of O, as it is simply called).  

Still about the  certificate of occupancy, the LAND USE ACT, section   9. (1)  It shall be lawful for the Governor–(a)  when granting a statutory right of occupancy to any personal or (b)  when any person is in occupation of land under a customary right of occupancy and applies in the prescribed manner; or  (c)  when any person is entitled to a statutory right of occupancy, to issue a certificate under his hand in evidence of such right of occupancy. (2)Such certificate shall be termed a certificate of occupancy

About the Governor’s Consent, the Land Use Act, 1978, section 22 forbids any holder of a right of occupancy, statutory or non statutory from alienating his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sub-lease or otherwise, without the consent of the appropriate authority first had and obtained. Thus, this is where you need the Governor’s consent; where there is an alienation of such right in any of such manners.

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