What is excision of land in Nigeria?

Excision is the process by which the Lagos State Government (or another State government) formally releases a portion of land from government ownership and grants it to a community or family for private use. When land is said to be 'excised', it means the government has formally carved out that specific parcel from the larger government-held land mass and recognised the community or family's right to it. After excision, the community or family can then legitimately sell plots within the excised area to private buyers, who can subsequently obtain a Certificate of Occupancy from the government. Without excision, land sold by communities or families may not have a legitimate government-recognised title.

Is it safe to buy excised land in Nigeria?

Buying genuinely excised land is significantly safer than buying non-excised community or family land, but it still carries risks compared to buying a property with a full Certificate of Occupancy. The key risk is distinguishing between truly excised land (where the government gazette confirming excision has been published) and land that sellers merely claim is excised. Before buying, you must verify the excision at the Lagos State Lands Bureau and confirm that the specific plot you are buying falls within the excised area as described in the gazette. If the excision is genuine and the plot is within the excised boundary, you can then apply for a C of O in your name — which is the next step after purchase.

What is the difference between excision and gazette in land titles?

These terms are related but describe different things. A 'gazette' is the official government publication (the Lagos State Official Gazette or Federal Gazette) in which government decisions — including excisions — are formally published and made legally effective. When land is excised, the excision is published in the gazette. So: excision is the act of releasing land from government holdings; gazette is the official publication that makes that excision legally binding. A gazette entry can also describe government ACQUISITION of land — i.e., the government taking land away from communities. This is the opposite of an excision gazette. Buyers must understand which type of gazette applies to a given property — an acquisition gazette means the government has taken ownership and private sale by individuals is invalid.

Excision of Land in Nigeria: What It Means and Whether It Is Safe to Buy

"This land has been excised" is one of the most commonly heard phrases in Lagos real estate — and one of the most misunderstood. Sellers use the word "excision" freely, but buyers often have no way to verify whether a claim of excision is genuine, in progress, or outright false. This guide explains what excision actually means, how it works, and what you must verify before buying.

What is excision?

Under the Land Use Act 1978, all land in Nigeria is held by State Governors on behalf of the people. Communities and families that occupied land before 1978 were deemed to hold that land under a deemed grant — but they had no formal, registered title. The government could, in principle, acquire any of that land for public purposes.

Excision is the formal process by which the government releases a defined portion of that community or family land from government ownership and formally recognises the community or family's right to sell it. The excision is published in the Official Gazette (in Lagos, the Lagos State Official Gazette), making it legally effective.

Before excision, community or family land exists in a legal grey zone — the occupants have possession and customary rights, but the government has not formally released the land from its broader ownership claim. After excision, the land has a formal government-recognised status and buyers can proceed to obtain a Certificate of Occupancy.

How the excision process works

Application by the community: The community or family head applies to the State government for excision of a defined area of their land.
Survey and delineation: The area to be excised is surveyed and its boundaries formally defined.
Government review: The application is reviewed by the State Lands Bureau and other relevant agencies.
Gazette publication: If approved, the excision is published in the Official Gazette. The gazette entry specifies the community, the local government area, and the specific acreage or hectarage of land excised.
C of O application: After excision, individual buyers of plots within the excised area can apply to the Lands Bureau for a Certificate of Occupancy over their specific plot.

Excision in progress — what it means

You will often encounter land described as "excision in progress." This means the community has applied for excision but the process has not been completed and no gazette has been published yet. Buying land in this status is higher risk — you are depending on a government process that may take years or may never be completed. The community or family still has the right to sell (they have possession), but you cannot obtain a C of O until excision is confirmed and gazetted.

"Excision in progress" land is priced lower than excised or C of O land to reflect this uncertainty. If you buy at a significantly discounted price and verify the application is genuinely in process, some buyers accept this risk — but you must understand what you are buying.

How to verify excision

Do not take a seller's word for excision status. Verify it yourself:

Ask the seller or family for the gazette number and date of publication
Search the Lagos State Official Gazette (available at the Lands Bureau or through licensed solicitors) using the area, community, and LGA to confirm the gazette entry
Confirm that the specific plot you are buying falls within the excised boundary — a gazette excises a specific acreage, and not all plots a community sells may be within that boundary
Engage a solicitor to conduct a search at the Lagos State Lands Bureau to confirm that the land is not subject to a government acquisition order

Excision vs gazette vs C of O — the title hierarchy

Title Type	What it means	Strength	Bank-acceptable?
No title / family land	Community or family possession only — no formal government recognition	Weakest	No
Excision in progress	Community has applied but process is not complete	Low	No
Gazetted excision	Government has formally released the land — gazette published	Moderate	Usually no
Deed of Assignment (root of title)	Chain of private transfers tracing back to original allocation	Moderate	Rarely
Registered Deed with Governor's Consent	Transfer formally recognised and registered	Good	Sometimes
Certificate of Occupancy (C of O)	Full government-granted and registered right of occupancy	Strongest	Yes

The Omonile risk on non-excised land

Land that has not been excised is particularly vulnerable to Omonile interference — original landowners who return to demand additional payments, block construction, or sell the same plot to multiple buyers. Excision significantly reduces (but does not eliminate) this risk because the government has formally recognised the community's right, creating a paper trail. See our Omonile guide for how to protect yourself.

Should you buy excised land?

Genuinely gazetted excised land, properly verified, is a legitimate purchase — and it is the starting point for subsequently obtaining a C of O. Many properties in growing Lagos corridors (Ibeju-Lekki, Epe, Badagry) are sold as excised land because the C of O process for those areas is still in progress at community or government level.

Do not buy land a seller merely says is excised. Verify the gazette yourself through a solicitor before paying anything. The due diligence cost is a fraction of the risk of buying fraudulently described land.

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