The difference between a Certificate of Occupancy (C of O) and a Right of Occupancy (R and O) is quite distinct and obvious. Before you buy or invest in land, It is crucial to understand the differences between R of O and C of O. Although both documents are set to prove ownership of a piece of land, their differences should be given careful attention and thorough consideration. This article will highlight the major differences between these two terms and their significance to buyers and sellers of land.
What is R of O?
Right of Occupancy, commonly referred to as R of O, is a legal concept that grants individuals the right to occupy and utilize a property. According to the
Land Use Decree of 1978 sections 5 & 6, the Right of Occupancy is a customary right granted by the local government. It is the right of a person or community to lawfully use or occupy land according to customary laws. R of O is obtained from state governments or local authorities under the Nigerian land tenure system. It applies to lands categorized as government-owned or acquired through government allocations.
How to get R of O
To get an “R of O,” interested individuals must go through a comprehensive process. This involves submitting necessary documentation, such as proof of payment, application forms, and survey plans. Upon successful completion, the government issues a letter or document recognizing the individual as the rightful occupant of the property.
What is C of O?
A Certificate of Occupancy is an important document that shows a land’s true ownership and purpose. It is a document issued by government authorities to affirm the legal ownership of a property. “C of O” serves as proof that the government recognizes an individual or entity as the rightful owner of the land. Accordingly, the state government owns all the lands within the state. To get a Certificate of Occupancy, Individuals and companies need to meet the requirements set by the government. Having provided the requirements, they will be issued the document. This shows their right to gain full permission to take over a land.
Difference between R of O and C of O
While “R of O” confers certain rights, it is important to pay attention to its limitations. One notable limitation is the inability to transfer ownership without converting it to a “C of O.” These are the differences between R of O and C of O:
- “R of O” represents a temporary right to occupy, while “C of O” denotes full ownership.
- “R of O” possesses a validity period, requiring renewal, while “C of O” is typically perpetual.
- “R of O” does not confer absolute ownership rights and cannot be transferred without conversion to “C of O.”
- “C of O” grants the owner full rights to sell, transfer, or develop the property without restrictions.
- properties with “R of O” may present opportunities for affordable acquisition and potential value appreciation but properties with “C of O” have higher costs but have longer
- “R of O” properties may face restrictions on certain activities, such as mortgage financing or land development. Properties with “C of O” provide greater security, ensuring the legality of ownership and the ability to carry out desired development plans.
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