Investing in land and real estate in Nigeria is a smart financial move, but it must be backed with proper legal documentation. Whether you’re buying for personal use or development, having the right estate documents protects your investment and proves your ownership.
In this guide, we’ll explore the key documents required to legally own landed property in Nigeria, and explain their importance in simple terms.
1. Certificate of Occupancy (C of O)
The C of O is the most recognized proof of land ownership, issued by the state government. It certifies that the holder has the legal right to occupy and use the land for up to 99 years. It grants the holder the right to occupy, use, and develop the land, subject to the conditions stated in the certificate.
Importance:
- Confirms government acknowledgment of ownership – It represents legal recognition of an individual’s or entity’s rights over a parcel of land.
- Contains details such as land area, boundaries, and any conditions or restrictions on the use of the land.
- Required to access loans using the land as collateral
- Offers protection from land disputes or government seizure
2. Deed of Assignment
A Deed of Assignment legally transfers ownership from the seller to the buyer. It serves as evidence of the transfer of rights from the original holder (or state authority) to the new owner. It contains names, land details, purchase price, and date of transaction.
Importance:
- Proves transfer of ownership
- Must be registered at the land registry and executed by the state authorities to validate the transfer legally.
- Shows the land’s ownership history
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3. Survey Plan
A Survey Plan is a technical document drawn or prepared by a licensed surveyor, depicting the precise boundaries, dimensions and the exact location of the property.
Importance:
- Minimizes disputes over land boundaries with neighboring properties.
- Provides detailed information, including geographical and topographical data.
- Verifies if land is under government acquisition
- Helps in documentation and approval processes
4. Approved Building Plan
Before you build, you need an Approved Building Plan from the state’s planning authority. This ensures your structure meets regulations.
Importance:
- Legalizes your construction
- Prevents demolition by authorities
- Ensures safety and zoning compliance
5. Deed of Lease
In states like Lagos, most lands are under government leasehold. A Deed of Lease gives you legal rights to use the land for a specified term (usually 99 years).
Why It Matters:
- Acts like a title document under leasehold
- Common in government estate allocations
- States terms and conditions of land use
6. Excision and Gazette
An Excision is the release of land from government acquisition, while a Gazette is the official record of that release.
Importance:
- Confirms land is free and legally owned by the community
- Needed before obtaining a C of O
- Reduces risk of government repossession
7. Governor’s Consent
As per Nigeria’s Land Use Act, all land belongs to the state. After buying titled land, you must get the Governor’s Consent to validate the transaction. Under the Land Use Act, any transfer, assignment, or lease of land often requires the explicit consent of the state governor. This consent confirms that the transaction aligns with the state’s regulations and policies regarding land use.
Importance:
- Acts as a safeguard against unauthorized or illegal transfers. – Makes the land transfer legal and binding
- Required for future resale or transactions
- Prevents double ownership or fraud
- Provides an additional layer of verification that enhances the credibility of the estate document.
8. Evidence of Payment / Purchase Receipt
Various receipts and documents proving payment for land are part of the estate documentation package. This includes receipts for government fees, land use charges, and property taxes. The documents MUST not be overlooked as is critical in proving you paid for the land.
Importance:
- Serves as financial proof of purchase
- Helps in establishing that no outstanding financial liabilities exist on the property.
- Helps in disputes or legal clarifications
- Required for registering your deed
9. Land Information Certificate
This is an important document (where applicable) issued by the land registry, this certificate shows whether a piece of land is free from disputes, liens, or government interest. It details the historical and current status of the land. This summary includes past transactions, rightful ownership details, and any historical claims on the land.
Importance:
- Confirms land’s legal status – Offers comprehensive background information that mitigates the risk of fraudulent transactions.
- A key part of due diligence before buying. Ensures no hidden encumbrances are present.
- Prevents buying land under litigation or mortgage
10. Power of Attorney (if applicable)
Used when the actual landowner isn’t present during the transaction, the Power of Attorney (PoA) authorizes someone to act on their behalf.
Importance:
- Confirms legal authority of agents or representatives
- Must be registered for authenticity
- Common in estate sales or family transactions
11. Local Government Inspection Report
Description:
In some cases, a local government inspection report may be required, particularly for larger-scale developments or when there is a need to confirm zoning compliance. This document verifies that the proposed development or usage of the land meets local planning and safety standards.
Importance:
- Provides assurance that the land is suitable for the intended development or use.
- Ensures that the property complies with local building codes and regulations.
- Acts as an additional checkpoint for urban planning authorities.
Documented Land is Protected Land
Buying land in Nigeria is a big step.but it’s only safe when backed by valid documents.
Pro Tip: Always work with a real estate lawyer and licensed surveyor to verify documents before making any payment.
Key Takeaways:
- The C of O, Deed of Assignment, and Survey Plan are non-negotiable for buyers.
- Confirm Excision or Gazette status before buying undeveloped land.
- Never skip Governor’s Consent for titled land.
- Always request a Purchase Receipt, even for family land.
Importance of Proper Documentation
Owning an estate in Nigeria comes with both significant benefits and responsibilities. Secure documentation is central to safeguarding an owner’s investment against legal disputes and fraudulent claims. Each document discussed above plays a role in creating a legal safeguard, ensuring that the right to use, occupy, and benefit from the land is indisputable.
Assurance Against Fraud and Disputes
Fraudulent transactions and land disputes are not uncommon in emerging real estate markets. Proper documentation serves as a deterrent against such malpractices. By compiling and verifying these documents, both government authorities and owners work collaboratively to create a foolproof system that minimizes the chances of land-related conflicts. Documents like the Certificate of Occupancy and Governor’s Consent embody the government’s oversight and assurance, aiming to protect both public and private interests.
Continuity of Property Rights
Successful land transactions establish continuous and clear proof of ownership, which is critical for future endeavors. Whether for resale, development, or collateral for loans, property holders must present a comprehensive set of verified documents. For investors, land becomes a secure asset only when the documentation is complete and indisputable. Clarity in the chain of title and the integrity of records laid down in the Survey Plan and the Land Title Search Report contribute to a transparent property market.
Benefits for Urban Planning and Development
Landed property documentation also plays an important role in urban planning and sustainable development. With a clear understanding of property boundaries and usage rights, government authorities can better plan infrastructural development and manage urban expansion. This organized system benefits both the state and the citizenry, creating a framework where growth occurs in a structured and legally sound manner.
Streamlining Future Transactions
When documents are thoroughly prepared and authenticated, future transactions become more streamlined. Prospective buyers or financiers can easily verify the ownership details, making it simpler to secure loans or enter into new contracts. This efficiency facilitates smoother transitions in property markets and enhances investor confidence.
Navigating the Documentation Process
While the documentation required to own an estate in Nigeria might seem intricate, proper guidance can simplify the process. Prospective property owners are advised to engage legal professionals and licensed surveyors or other professionals who understand the nuances of local land laws. These experts can advise on the sequence in which the documents should be obtained, ensuring that no critical step is overlooked.
Professional assistance is not only beneficial for the accurate preparation of documents but also critical in conducting thorough due diligence. When verifying documents such as the Certificate of Occupancy, Governor’s Consent, and Survey Plan, having an experienced legal advisor can prevent potential pitfalls and future litigation.
Understanding the importance and function of each document is crucial for safeguarding investments, preventing disputes, and promoting transparency within the market. With diligent adherence to the documentation process and appropriate professional guidance, property owners and investors can navigate Nigeria’s regulatory landscape with confidence and clarity, fully realizing the potential and security that sound property ownership brings.
NB: You must remember and have in your mind that:
“If it’s not documented, it’s not yours.”
