Governor's Consent, the step most buyers skip (and regret)
4 min read
Why a resale of titled land isn't truly yours until the Governor consents.
Key points
- ✓ Any transfer of a right of occupancy generally needs the Governor's Consent to be valid.
- ✓ Without it, the law can treat the sale as null and void, you paid, but you don't hold legal title.
- ✓ Consent fees typically run about 3%-5% of the property's value and vary by state.
The rule
Under the Land Use Act, a sale, assignment, mortgage or lease of a right of occupancy requires the Governor's Consent. Without that approval, the transaction can be declared null and void.
That is a frightening phrase: legally the sale 'didn't happen'. You have paid for the land, but you may not hold the legal title.
How consent is obtained
You (usually through a lawyer) apply to the state's lands bureau, submit the deed of assignment, a certified copy of the root title (e.g. the C of O), the survey plan, tax clearance where required, photographs and identification, and pay the assessed fees.
Fees vary by state but commonly fall in the range of 3%-5% of the property's value, plus stamp duty and registration charges.
Practical advice
Budget for consent and perfection from the start, treat it as part of the cost of the land, not an optional extra.
Confirm the root of title first: is it a statutory right of occupancy (C of O)? If so, plan for consent. A verified, perfected title is what protects you years later if anyone challenges the land.
Put this into practice
Verify documents, confirm ownership and catch double-sales on PlotSur, or hire a vetted lawyer or surveyor.