Commentary · 14 April 2026

Governor's consent: what it actually does, and why a deed without it is unfinished

Under the Land Use Act a transfer of a statutory right of occupancy without the Governor's consent is unenforceable. Buyers still treat consent as optional paperwork.

Adekeye Adegoroye Gabriel · 5 min read

The position

The Land Use Act vests land in each State in the Governor and requires the Governor's consent to any alienation of a statutory right of occupancy. A deed of assignment executed without that consent does not give the buyer the title they paid for; it gives them a claim against the seller.

In practice we meet three versions of the same problem. A purchaser who holds a signed deed and receipts but no consent. A family selling land whose own root of title was never perfected. And a developer who built on the strength of a survey plan and an allocation letter.

Each is fixable, but the cost and the timeline depend on how far back the defect goes, and since the 2026 revision of Lagos fees, on the current assessed value rather than the price paid years ago.

Before money moves, the questions are the same every time: what is the root of title, who is on the register, is there an encumbrance, and who bears the perfection cost. We put the answers in writing before a client signs.