Many land owners know what a certificate of occupancy is, but are there instances or circumstances that would render a valid C of O null and void? In other words, is it possible for the issuing authority to revoke a valid certificate of occupancy?
A Certificate of Occupancy is a document that infers a presumption of ownership of property in respect of the person who owns it.
It is noteworthy however that this is just a presumption and as such is not conclusive and is rebuttable.
Thus, where there is documentary or other evidence to the contrary that proves otherwise it is subject to revocation and validly so.
Reasons Why Certificate of Occupancy Can Be Revoked
1. Fraud/Unlawful means
Sometimes, people forge documents.
In addition, some use expired or invalid documents to secure C of O. If the issuing authority discovers this, it would lead to revocation.
2. Compulsory Acquisition
The Governor may revoke a certificate of occupancy on grounds of overriding public interests. This is however subject to compensation payable by law.
3. Breach of conditions
Where the conditions in the certificate of occupancy as a precedent to the grant of the certificate are breached, this is a valid ground for revocation.
When processing your C of O document in Nigeria, note the above circumstances, especially fraud and unlawful means. These should be well spotted.
These circumstances as highlighted above, particularly that of fraud and unlawful means need to be taken cognizance of when applying for a C of O in Nigeria.
There have been instances where different people got C of O’s in respect of the same property. It is therefore imperative that you engage a lawyer to conduct checks for proper validity.
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References
TheHopeNewspaper, “What are the Conditions for Revocation of Certificate of Occupancy?” available at https://www.thehopenewspaper.com/what-are-the-conditions-for-revocation-of-certificate-of-occupancy/ accessed on October 17 2023
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