Rights of Holders of a Statutory Right of Occupancy (C of O)
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Rights of Holders of a Statutory Right of Occupancy (C of O)




The only thing which will be held on the land is interest of that Land and not the land itself; this may mean otherwise to different individuals.
The following are the kinds of interests which will be held on the land:

a) Interest in kind of deed
b) Interest in kind of leases
c) Interest in kind of mortgages
d) Interest in kind of gifts
e) Interest in kind of loans
f) Interest in kind of exchanges
g) Interest in kind of wills

The holder of certificate of occupancy of a property is the free holder of interest of that property. This implies that the owner will do what he or she likes with the land/Property for example, freedom of disposal, subject to any restrictive covenants and also the numerous designing laws with reference to the utilization of the land. Freehold isn’t absolute since the state retains the proper to amass land for the interest of the public, for example, for building new housing or motorways.

Powers of the Holder of a Statutory Right of Occupancy (C of O)
Except for overriding Public interest, the holder of statutory right of occupancy conjointly referred to as (C of O) has:
1. The Exclusive rights to use the land against any other person except the governor of the state.
2. The will to use, and absolute possession of all enhancements on the land.
3. The right to assign, to transfer or mortgage any enhancements thereon the land prior to approval by the governor.
The Governor has the capacity to revoke a right of occupancy for overriding public interest.

Overriding public interest that compensation is owed are:

  1. If the land is needed by any government of the state or by an area Government within the state in every case for public functions at intervals the state or the necessity of the land by the federal for public use.
  2. If the land is needed for mining
  3. If the land is needed for the extraction of building materials.
  4. If there’s any breach of any of the rule within the term of issued certificate of occupancy
  5. A refusal or neglect to simply accept and buy a certificate of occupancy that has been issued

COMPENSATION

  1. If a land is revocated for overriding interest then the owner of the title shall be entitled to compensation capable the worth of development on the land.
  2. If a land is revocated for a mining purpose the compensation shall be made according to the suitable mineral Act.
  3. If the land is not cultivated or un-improved on, the rent payed by the occupier throughout the year of revocation is payed.
  4. If there are buildings, installations or any permanent improvement on the land, quantity of compensation are going to be assessed by the suitable estate officer.
  5. All crops on the land are assessed and payed for.




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