THE DIFFERENCE BETWEEN EXCISION AND CERTIFICATE OF OCCUPANCY

There are different terms and concepts associated with real estate or property ownership that can be confusing for both buyers and sellers. Two of such terms are excision and certificate of occupancy. While these terms are related to land and property rights, they represent different stages and aspects of the property ownership process. In this article, we will look into the difference between excision and certificate of occupancy, clarifying their meanings and significance in the real estate domain.

EXCISION:

This is a term commonly used in the context of land acquisition and development, particularly in Nigeria and a few other countries. It refers to the legal process through which a portion of land is officially separated from a larger piece of land for a specific purpose. The primary aim of excision is to remove any encumbrances or claims on the land, ensuring that it can be sold of developed without any legal hindrances. The process typically involves the intervention of the government or relevant authorities who are responsible for approving and implementing the excision.

The land is surveyed, and survey plan is created to clearly demarcate the excised portion. The necessary documentation, including the survey plan and other legal requirements must be fulfilled to obtain an excision grant or order from the appropriate authority. Once the excision is granted, the land is considered free from any government acquisition and can be sold or transferred to individuals or organization.

CERTIFICATE OF OCCUPANCY

On the other hand, Certificate of Occupancy is a document issued by the government to confirm that a property has met all the necessary requirements and is fit for habitation of commercial use. The CofO serves a s evidence of legal ownership and grants the holder the right to occupy, possess, and develop the property within the specified terms and conditions. To obtain a certificate of Occupancy, the property owner or developer must comply with various regulations and building standards set by the government or local authorities. These regulations typically include aspects of proper land use, adherence to zoning restrictions, compliance with construction codes, and provision of essential amenities like water, electricity. and sewage systems.

Purpose: Excision primarily focuses on the division or separation of land from a larger piece for an individual use or development. Certificate of Occupancy on the other hand verifies the compliance of a property with legal and regulatory standards, declaring it suitable for occupation or commercial use.

Scope: Excision is concerned with the demarcation and liberation of land from government acquisition, removing any legal claims of restriction. Certificate of Occupancy evaluates the physical structure and amenities of a property to ensure it meets the necessary requirements for safe habitation or commercial use.

Legal Nature: Excision is a legal process that confirms the removal of government claims on a particular portion of land, granting the owner the right to transfer or develop the land. Certificate of Occupancy is a legal document that confirms the legal ownership and suitability of a property for occupation or commercial activities.