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.