Property and Land Law
What it is: Under the Land Use Act, all land in a State is vested in the Governor to hold in trust for the people, and any transfer, assignment, mortgage or other disposition of a statutory right of occupancy generally requires the prior consent of the Governor to be valid. Governor's consent is a distinct step, separate from registration, and without it a land transaction may be void or unenforceable. The process involves an application to the relevant State lands bureau, payment of consent fees, and assessment of charges such as capital gains and stamp duty. When it applies: This service applies whenever you buy, sell, assign, sublet or mortgage land held under a statutory right of occupancy or Certificate of Occupancy, and wish to perfect and secure your title. It is essential before relying on a deed of assignment or mortgage. How a lawyer helps: A property lawyer prepares the consent application and supporting deed, liaises with the State lands bureau, arranges valuation, payment of fees and stamp duty, and follows the application through to the endorsement of consent and registration. Counsel ensures the transaction is not left legally defective. First steps: Assemble the title documents, survey plan and executed deed, then instruct a lawyer to begin the consent application promptly, as delays can expose you to risk and additional charges.
