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    Understanding Property Titles in Nigeria: C of O, Deed, and More

    5/10/2024By Akin Oduwole
    LegalTitlesNigeria
    Understanding Property Titles in Nigeria: C of O, Deed, and More

    A simple explanation of property titles in Nigeria and why they matter for buyers and investors.

    Property titles are crucial for safe real estate investment in Nigeria. This article explains the different types and what they mean for you as a buyer.

    Introduction

    If you're buying property in Nigeria, you'll quickly encounter terms like "C of O," "Deed of Assignment," "Governor's Consent," and "Survey Plan." For many buyers – especially those in the diaspora – these terms can be confusing and overwhelming.

    This comprehensive guide breaks down every major property document you'll encounter, explains what each one means, and helps you understand which ones you actually need for your transaction to be legitimate and secure.

    The Foundation: Understanding Land Ownership in Nigeria

    Before we dive into specific documents, it's important to understand how land ownership works in Nigeria.

    The Land Use Act of 1978

    All land in Nigeria is vested in the Governor of each state, who holds it in trust for the people. This means that technically, you don't "own" land in the absolute sense – you hold it under a lease or right of occupancy granted by the government.

    This legal framework is the reason why certain documents, like the Certificate of Occupancy, are so important.

    Key Property Documents Explained

    1. Certificate of Occupancy (C of O)

    What It Is

    The Certificate of Occupancy is the most important land document in Nigeria. It's an official document issued by the State Government confirming your right to occupy and use a piece of land for a specific period (usually 99 years).

    Why It Matters

    • It's the only document that gives you statutory (legal) right of occupancy
    • It's required for any serious property transaction
    • Banks won't give you mortgages without it
    • It provides legal protection for your investment

    Types of C of O

    • Registered C of O: Fully registered at the Land Registry (most secure)
    • Unregistered C of O: Issued but not yet registered (requires registration)

    How to Verify

    You can verify a C of O at the State Lands Registry by checking:

    • The file number against registry records
    • The survey plan number
    • The names and details on the certificate
    • Whether it's been revoked or has any encumbrances

    Cost and Timeline

    • Application fee: Varies by state (₦50,000 - ₦500,000+)
    • Processing time: 6-18 months (sometimes longer)
    • Additional costs: Survey, legal fees, administrative charges

    2. Deed of Assignment

    What It Is

    A Deed of Assignment is a legal document that transfers ownership rights from one person (the seller) to another (the buyer). It's essentially the sales contract that formalizes the transaction.

    Key Elements

    A proper Deed of Assignment should include:

    • Full names and addresses of both parties
    • Detailed description of the property
    • Purchase price
    • Date of transaction
    • Witnesses' signatures
    • Notary public stamp

    Important Note

    A Deed of Assignment alone is NOT enough for complete ownership. It must be accompanied by:

    • The original C of O (or evidence of application)
    • Governor's Consent (for the transfer)
    • Survey Plan

    When You Need It

    • When buying property from an individual or company
    • When receiving property as a gift
    • When property is being transferred through inheritance

    3. Governor's Consent

    What It Is

    Governor's Consent is official approval from the State Governor for the transfer of property rights from one party to another. It's required by law for any transfer of property that has a C of O.

    Why It's Mandatory

    Under the Land Use Act, any transfer of land rights without Governor's Consent is void. This means your purchase isn't legally complete until you obtain it.

    The Process

    1. Apply to the State Lands Bureau with required documents
    2. Pay prescribed fees (usually a percentage of property value)
    3. Submit Deed of Assignment and other supporting documents
    4. Wait for processing (3-12 months typically)
    5. Receive consent certificate

    Common Misconception

    Many people buy property and delay getting Governor's Consent because they think it's optional or can be done "later." This is risky – without it, your ownership isn't legally recognized.

    Costs

    Governor's Consent fees are typically calculated as:

    • 3-5% of property value in most states
    • Plus administrative processing fees
    • Legal fees for preparation of application

    4. Survey Plan

    What It Is

    A Survey Plan is a technical drawing that shows the exact dimensions, boundaries, and location of a piece of land. It's prepared by a licensed surveyor and registered with the State Surveyor General's office.

    Information It Contains

    • Land coordinates
    • Exact measurements and dimensions
    • Beacon numbers (boundary markers)
    • Surveyor's license number and stamp
    • Date of survey
    • Surveyor General's approval

    Why It's Critical

    • Prevents boundary disputes with neighbors
    • Required for obtaining C of O
    • Needed for building approvals
    • Essential for property insurance
    • Helps in identifying exact plot location

    Types of Survey Plans

    • Cadastral Survey: Government-approved survey (most reliable)
    • Private Survey: Prepared by private surveyors (must be registered)

    Verification

    Always verify a survey plan at the Office of the Surveyor General:

    • Check if the survey number exists in their records
    • Confirm the boundaries match what's on ground
    • Ensure there's no overlap with neighboring plots

    Cost

    • New survey: ₦150,000 - ₦500,000 (depending on plot size and location)
    • Re-computation (updating old survey): ₦50,000 - ₦150,000

    5. Gazette

    What It Is

    A Gazette is an official government publication that serves as public notice of land allocation or acquisition. If land was originally acquired from government, it should have a gazette.

    When It's Applicable

    • Land allocated by government to individuals or organizations
    • Original acquisition of land from customary holdings
    • Government excision of land for development

    Importance

    A gazette provides historical documentation of how the land came into existence as a titled property. It's particularly important for older properties.

    6. Letter of Allocation

    What It Is

    This is an official letter from the State Government offering you land for purchase. It's common when buying directly from government estates or schemes.

    What Happens Next

    After receiving a Letter of Allocation:

    1. You pay the prescribed amount
    2. Apply for a C of O
    3. The C of O is issued in your name

    Important: A Letter of Allocation is not final proof of ownership – it's just the first step toward getting a C of O.

    7. Registered Conveyance

    What It Is

    This is a deed of property transfer that has been registered at the Land Registry. Registration provides an additional layer of security and public notice of the transaction.

    Why Register

    • Creates a permanent public record
    • Protects against future disputes
    • Required for certain legal processes
    • Enhances property value and marketability

    Additional Important Documents

    Land Certificate

    Issued in some states as evidence of customary right of occupancy (for land held under customary law).

    Building Approval

    Required before construction, issued by local planning authority after reviewing architectural plans.

    Tax Clearance Certificate

    Shows that all land use charges and property taxes have been paid up to date.

    Search Report

    A professional legal search conducted at the Land Registry to verify property history, ownership, and encumbrances.

    The Complete Documentation Checklist for Buyers

    When buying property in Nigeria, insist on seeing and verifying these documents:

    Essential Documents (Must Have)

    • Valid Certificate of Occupancy
    • Registered Survey Plan
    • Deed of Assignment (for secondary sales)
    • Governor's Consent (or evidence of application)
    • Tax clearance (showing all dues paid)

    Supporting Documents (Should Have)

    • Gazette (if applicable)
    • Letter of Allocation (if applicable)
    • Original purchase receipt
    • Previous Deed of Assignment (if not first buyer)
    • Search Report from Land Registry

    Verification Steps (Must Do)

    • Physical search at Land Registry
    • Physical search at Surveyor General's office
    • Physical inspection of property
    • Verification with local community/Baale
    • Professional legal review

    Red Flags: Warning Signs of Fraudulent Documents

    Be wary if:

    1. Documents look too new for an old property (possible forgery)
    2. Survey numbers are missing or can't be verified
    3. C of O doesn't have the Governor's seal and signature
    4. Seller is reluctant to allow verification at government offices
    5. Documents have inconsistencies in names, dates, or plot numbers
    6. Price seems too good to be true compared to market value
    7. You're pressured to pay quickly without proper verification
    8. Documents are only shown as photocopies, never originals
    9. Survey beacons can't be found on the property
    10. Multiple people claim to be selling the same property

    State-Specific Variations

    While the general principles apply nationwide, specific requirements and procedures vary by state:

    Lagos State

    • Very strict documentation requirements
    • Online verification systems available
    • Higher processing fees
    • Longer processing times

    Abuja (FCT)

    • Federal Capital Development Authority (FCDA) handles allocations
    • Relatively streamlined process
    • Clear zoning regulations

    Rivers State

    • Additional community consent may be required
    • Strict environmental clearances for certain areas

    Other States

    Each state has its own Land Use and Allocation Committee with specific procedures and fees.

    The Cost of Proper Documentation

    While obtaining proper documents costs money, it's money well spent:

    Document Approximate Cost
    New C of O ₦500,000 - ₦2,000,000
    Governor's Consent 3-5% of property value
    Survey Plan ₦150,000 - ₦500,000
    Deed of Assignment (legal fees) ₦100,000 - ₦500,000
    Registration fees ₦50,000 - ₦200,000
    Search fees ₦50,000 - ₦100,000

    Total: Budget 10-15% of property value for complete documentation

    How Holfordhomes Can Help

    Navigating Nigeria's property documentation can be complex, especially from abroad. Holfordhomes provides:

    • Document Verification: We verify all documents at relevant government offices
    • Legal Support: Our lawyers review and prepare all necessary paperwork
    • Application Processing: We handle all applications for C of O, Governor's Consent, etc.
    • Progress Updates: Regular updates on application status
    • Secure Document Delivery: International courier of original documents to your location
    • Post-Purchase Support: Ongoing assistance with property documentation

    Conclusion

    Understanding property titles and documents is essential for safe real estate investment in Nigeria. While the system may seem complex, knowing what each document means and why it's important empowers you to make informed decisions and avoid costly mistakes.

    Remember these key principles:

    1. Never skip verification – always verify documents at government offices
    2. Insist on originals – photocopies are not sufficient
    3. Get professional help – lawyers and agents who understand the system are worth the investment
    4. Don't rush – proper documentation takes time
    5. Keep copies of everything – maintain your own records of all documents and transactions

    Always work with trusted professionals who can guide you through the documentation process and ensure your investment is properly secured.

    Ready to invest in Nigerian real estate with confidence? Book a consultation with our legal and property experts today. We'll walk you through every document and ensure your investment is fully protected.


    This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified property lawyer for your specific situation.

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