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Red Flags to Look Out for When Reviewing a Governor’s Consent Document During Property Due Diligence

Red Flags to Look Out for When Reviewing a Governor’s Consent Document During Property Due Diligence

Property transactions in Lagos often involve significant financial commitments, making thorough due diligence essential before any purchase is completed. One of the most important title documents that buyers, investors, lenders, lawyers, and Estate Surveyors and Valuers review is the Governor’s Consent. Under the Land Use Act 1978, many transfers of interests in land held under a statutory right of occupancy require the consent of the Governor before the transaction can be properly perfected.

Although a Governor’s Consent is an important title document, its existence alone does not guarantee that a property has a good and marketable title. Fraudulent documents, incomplete title chains, registration defects, survey inconsistencies, and undisclosed encumbrances can still expose a buyer to significant legal and financial risks.

This comprehensive guide explains the major warning signs to identify when reviewing a Governor’s Consent document as part of property due diligence in Lagos.

What Is a Governor’s Consent?

A Governor’s Consent is the official approval granted by the Governor of Lagos State (or an authorized official acting under delegated authority) to a transaction involving the transfer or other disposition of an interest in land where such consent is required by the Land Use Act.

It commonly follows transactions involving:

  • Deeds of Assignment.
  • Deeds of Gift.
  • Mortgages.
  • Long-term leases.
  • Other registrable land transactions requiring consent.

Why Reviewing the Governor’s Consent Is Important

Reviewing the document helps determine whether:

  • The transaction was properly perfected.
  • The ownership history is consistent.
  • The title chain is complete.
  • The property description is accurate.
  • The consent relates to the property being purchased.

A review should always be combined with independent verification through official government records.

Red Flag 1: Mismatch in the Owner’s Name

The name appearing on the Governor’s Consent should correspond with:

  • The Deed of Assignment.
  • The Certificate of Occupancy where applicable.
  • The seller’s identification documents.
  • Previous title records.

Unexplained differences may indicate:

  • Clerical errors.
  • Identity issues.
  • Fraud.
  • Unregistered subsequent transfers.

Red Flag 2: Incorrect Property Description

Compare the Governor’s Consent with:

  • Survey Plan.
  • Site inspection.
  • Property address.
  • Plot number.
  • Block number.
  • Layout information.

Even small inconsistencies should be investigated.

Red Flag 3: Survey Plan Inconsistencies

The survey details should match:

  • Beacon numbers.
  • Coordinates.
  • Plot dimensions.
  • Boundaries.
  • Survey number.

A registered surveyor should independently verify these details.

Red Flag 4: Missing Registration Information

A properly perfected document should normally contain registration details showing that the instrument has been registered in the appropriate Land Registry.

Review:

  • Registration number.
  • Volume.
  • Page.
  • Registration date.

If these details are absent where registration should have occurred, investigate further.

Red Flag 5: Breaks in the Chain of Title

The Governor’s Consent should fit logically within the property’s ownership history.

Review:

  • Original title.
  • Previous assignments.
  • Probate documents where applicable.
  • Court judgments.
  • Deeds of Gift.
  • Previous Consents.

A missing link in the chain of title can create uncertainty regarding ownership.

Red Flag 6: Evidence of Alteration

Carefully examine the document for:

  • Erasures.
  • Different fonts.
  • Overwriting.
  • Inconsistent formatting.
  • Suspicious stamps.
  • Missing pages.

Any apparent alteration should be independently verified through official records.

Red Flag 7: Property Under Government Acquisition

A Governor’s Consent should not be treated as conclusive proof that the land is free from government acquisition issues.

Separate verification should confirm:

  • Acquisition status.
  • Government commitment.
  • Applicable excisions or regularization where relevant.

Red Flag 8: Existing Mortgages or Encumbrances

Even where a Governor’s Consent appears genuine, the property may still be subject to:

  • Registered mortgages.
  • Caveats.
  • Court orders.
  • Charges.
  • Restrictive covenants.

An official Land Registry search is necessary to identify these interests.

Red Flag 9: Ongoing Litigation

Determine whether the property is affected by:

  • Ownership disputes.
  • Family land litigation.
  • Boundary disputes.
  • Probate proceedings.
  • Pending court actions.

A Governor’s Consent does not eliminate the possibility of litigation.

Red Flag 10: Seller Lacks Authority

The person selling the property should have legal authority.

Confirm:

  • Identity.
  • Corporate authorization where applicable.
  • Probate documents.
  • Letters of Administration.
  • Power of Attorney where relevant.

Red Flag 11: Missing Supporting Documents

A Governor’s Consent should normally be reviewed together with:

  • Deed of Assignment.
  • Survey Plan.
  • Tax receipts where relevant.
  • Building approvals where applicable.
  • Previous title documents.

One document alone rarely tells the complete story.

Red Flag 12: Unusually Low Purchase Price

If the property is being sold substantially below prevailing market value, conduct enhanced due diligence.

Although there may be legitimate commercial reasons for a discounted sale, it can also indicate underlying legal or factual issues that require investigation.

Red Flag 13: Seller Discourages Independent Verification

Be cautious if the seller:

  • Refuses Land Registry searches.
  • Discourages legal review.
  • Pressures immediate payment.
  • Refuses physical inspection.
  • Avoids providing original documents.

These behaviours warrant additional scrutiny.

Red Flag 14: Inconsistent Dates

Check whether:

  • Assignment dates align.
  • Registration dates follow logically.
  • Consent dates correspond with earlier transactions.

Chronological inconsistencies may indicate documentation problems.

Red Flag 15: Unverified Digital Copies

Do not rely solely on:

  • PDF copies.
  • WhatsApp images.
  • Scanned documents.
  • Email attachments.

Where appropriate, compare them with official government records or obtain a Certified True Copy.

Land Registry Verification

An official Land Registry search can help confirm:

  • Registered ownership.
  • Registration history.
  • Mortgages.
  • Caveats.
  • Existing encumbrances.
  • Previous transactions.

This remains one of the most important elements of title due diligence.

Survey Verification

A registered surveyor should confirm:

  • Coordinates.
  • Boundaries.
  • Land size.
  • Beacon numbers.
  • Physical location.

Survey verification reduces the risk of boundary disputes.

Role of Property Lawyers

Property lawyers assist by:

  • Reviewing title documents.
  • Conducting Land Registry searches.
  • Examining the chain of title.
  • Advising on legal defects.
  • Preparing transfer documents.
  • Supervising completion.

Role of Estate Surveyors and Valuers

Estate Surveyors and Valuers assist by:

  • Determining market value.
  • Inspecting the property.
  • Advising on investment risk.
  • Preparing valuation reports.
  • Supporting lender due diligence.

Best Practices During Due Diligence

  • Verify every title document independently.
  • Conduct official Land Registry searches.
  • Confirm survey information.
  • Review the complete chain of title.
  • Inspect the property physically.
  • Engage qualified professionals.
  • Avoid making payment before completing due diligence.

Legal Framework

The principal legal framework includes:

  • Land Use Act 1978.
  • Lagos State Land Registration Law.
  • Registration of Titles Law (where applicable).
  • Evidence Act 2011.
  • Applicable regulations governing land registration and title perfection in Lagos State.

Conclusion

A Governor’s Consent is an important component of a property’s title history, but it should never be viewed in isolation. Authenticity, consistency, registration, survey accuracy, ownership history, and the absence of encumbrances must all be independently verified before completing any property transaction.

By combining legal due diligence, Land Registry searches, survey verification, and professional advice from experienced property lawyers, registered surveyors, and Estate Surveyors and Valuers, buyers can significantly reduce the risk of purchasing property with defective or disputed title.

Helpful Resources

The following official and professional resources are valuable during property due diligence in Lagos:

Frequently Asked Questions (FAQs)

Is a Governor’s Consent proof of ownership?

No. A Governor’s Consent is an important title document, but it is not by itself conclusive proof of ownership. It should be reviewed together with the complete chain of title and verified through official records.

Can a fake Governor’s Consent exist?

Yes. Fraudsters may produce forged or altered documents. Independent verification through the Lagos State Land Registry and related government systems is essential.

Should the Governor’s Consent match the Survey Plan?

Yes. The property description, plot details, and survey information should be consistent across all title documents.

Why is the chain of title important?

The chain of title demonstrates how ownership passed from one party to another. Missing links or unexplained transfers can indicate legal problems.

Can a property with a valid Governor’s Consent still have a mortgage?

Yes. A valid Governor’s Consent does not automatically mean the property is free from mortgages, caveats, charges, or court orders. An official Land Registry search is required to identify registered encumbrances.

Why should I inspect the property physically?

A site inspection helps confirm that the property described in the documents matches the actual land, identifies signs of occupation or encroachment, and may reveal issues not evident from paperwork.

Can a lawyer detect problems in a Governor’s Consent?

Yes. An experienced property lawyer can review the document, examine the chain of title, conduct Land Registry searches, and identify legal defects or inconsistencies that a buyer might overlook.

Should I rely only on scanned copies sent by WhatsApp?

No. Scanned copies are useful for preliminary review but should not replace examination of original documents or verification through official government records.

What is the biggest mistake buyers make during due diligence?

One of the most common mistakes is assuming that the existence of a Governor’s Consent alone guarantees a good title without conducting Land Registry searches, survey verification, and a comprehensive review of the property’s ownership history.

What is the safest approach before buying property in Lagos?

The safest approach is to combine independent verification of the Governor’s Consent, an official Land Registry search, survey verification by a registered surveyor, review of the complete chain of title, physical inspection of the property, and legal advice from an experienced property lawyer before making any payment.

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