Buying land in Lagos without examining the relevant documents is a serious legal and financial risk.
A seller can present a Certificate of Occupancy, survey plan, receipt or Deed of Assignment and still fail to establish a valid and transferable interest in the land. The important question is not simply whether the seller has documents, but whether the documents establish the seller’s interest, correspond with the actual land and show that the seller has the legal authority to transfer it.
Lagos State operates a land registration system under which land-related documents and transactions are registered through the Lands Registry. The Lagos State Land Administration Portal also provides online property-search and Certified True Copy services.
Before paying for land in Lagos, a prospective buyer should therefore obtain and investigate the relevant documents.
What Documents Should You Check Before Buying Land in Lagos?
The documents required will depend on the history and nature of the property. There is no single document that proves everything about every property.
Depending on the transaction, the documents you should investigate include:
- Certificate of Occupancy
- Deed of Assignment
- Governor’s Consent
- Survey Plan
- Gazette
- Deed of Lease or Sublease
- Allocation Letter
- Previous title documents
- Purchase receipt
- Probate or Letters of Administration
- Power of Attorney
- Court judgments or orders
- Property search report
- Evidence relating to government acquisition or excision
The significance of each document is different.
1. Certificate of Occupancy
A Certificate of Occupancy (C of O) is one of the documents most commonly presented by sellers of land and buildings in Lagos.
However, a buyer should not simply see a C of O and conclude that the transaction is automatically safe.
The document should be examined to determine:
- the name of the holder;
- description of the property;
- size and location;
- term of the interest;
- date of issuance;
- purpose for which the land is granted;
- conditions attached to the grant; and
- whether the information corresponds with the property being sold.
The C of O should also be independently investigated where appropriate.
Why You Should Not Rely on a C of O Alone
A C of O is evidence relevant to the interest stated in it, but it does not eliminate the need to investigate the circumstances of the transaction.
You should still investigate:
- the identity and authority of the seller;
- subsequent dealings with the property;
- registered encumbrances;
- survey information;
- physical possession;
- acquisition issues; and
- other matters affecting the proposed purchase.
A seller’s possession of a C of O should therefore be treated as the beginning of the investigation, not the end.
2. Deed of Assignment
A Deed of Assignment is an important document where the seller acquired the property from a previous owner through an assignment.
It generally records the transfer of the assignor’s interest to the assignee.
When reviewing a Deed of Assignment, check:
- the identity of the assignor;
- the identity of the assignee;
- description of the property;
- consideration;
- the nature of the interest transferred;
- execution by the relevant parties;
- whether the necessary consent was obtained where required;
- whether the transaction was registered; and
- whether subsequent transactions affect the interest.
The buyer should also investigate the document from which the seller derived title.
For example, if the seller acquired the property from Mr A, it is not enough to examine only the deed between Mr A and the seller. The circumstances of Mr A’s own title should also be investigated where necessary.
A Deed of Assignment Does Not Automatically Prove Good Title
A Deed of Assignment transfers an interest; it does not automatically cure a defective root of title.
If the person who purported to assign the property had no transferable interest, the buyer cannot safely assume that a subsequent assignment has resolved the underlying defect.
This is why the chain of title must be investigated.
3. Governor’s Consent
Governor’s Consent is an important consideration in many land transactions involving alienation of a statutory right of occupancy.
Section 22 of the Land Use Act generally requires the consent of the Governor before a holder of a statutory right of occupancy can alienate the right by assignment, mortgage, transfer of possession or sublease, subject to the provisions of the Act.
Consequently, where the seller acquired the property through an assignment requiring consent, the buyer should investigate whether the necessary consent was obtained.
What Should You Check?
Examine:
- the Governor’s Consent;
- the transaction to which the consent relates;
- the parties;
- property description;
- date;
- title reference;
- registration details; and
- whether the document corresponds with the transaction being presented to you.
Do not assume that the mere presence of a document titled “Governor’s Consent” establishes that the transaction has been properly perfected.
4. Survey Plan
A survey plan is particularly important when buying land.
It identifies the parcel of land by reference to its location, boundaries, dimensions and other survey information.
A survey plan should be examined alongside the title documents and the physical property.
What Should You Check on the Survey?
Check:
- survey plan number;
- name of the surveyor;
- survey date;
- coordinates;
- dimensions;
- plot number;
- block number;
- location;
- boundaries; and
- other identifying information.
The survey information should also be investigated against the relevant government survey records where appropriate.
The Lagos State Office of the Surveyor General provides a certificate-validation facility through which a deposited survey record can be checked using the plan number.
A Survey Plan Is Not the Same as Proof of Ownership
This distinction is important.
A survey describes and identifies land. It does not, by itself, establish that the person named on it has a valid title to the land.
The survey should therefore be considered together with the underlying title documents and the history of the property.
5. Gazette
A Gazette can be an important document in transactions involving land that has been excised from government acquisition or where the relevant land status is established through a government publication.
However, buyers should not simply accept a seller’s statement that land is “gazetted.”
The relevant Gazette should be obtained and examined to determine:
- the land covered;
- the description of the area;
- the parties or beneficiaries;
- the terms of the publication;
- whether the specific land falls within the area covered; and
- whether subsequent transactions have affected the interest.
The exact relationship between the Gazette, the survey and the seller’s title must be established.
6. Allocation Letter
Where the land was allocated by a government agency, estate scheme, housing scheme or other relevant authority, an allocation letter can be an important part of the title history.
The buyer should establish:
- who made the allocation;
- who received it;
- the property allocated;
- the terms of the allocation;
- whether the allocation remains valid;
- whether the interest was subsequently transferred; and
- whether further documentation or consent was required.
An allocation letter should not automatically be treated as equivalent to a perfected title.
7. Previous Title Documents
This is one of the most important categories of documents that buyers often overlook.
Do not stop with the seller’s latest document.
If the seller acquired the property from another person, obtain the relevant previous title documents where necessary.
For example, the chain could involve:
Original grant → Deed of Assignment → Governor’s Consent → Subsequent Deed of Assignment → Current seller
The buyer needs to understand how the seller’s interest arose.
Why Previous Documents Matter
Suppose a seller presents a Deed of Assignment showing that the property was transferred to him.
The critical question remains:
Did the person who transferred it to him actually have a valid interest capable of being transferred?
That question cannot always be answered by examining the seller’s latest document alone.
8. Deed of Lease or Sublease
If the seller is not offering outright ownership but a leasehold or sublease interest, the relevant lease documents must be examined.
Check:
- term of the lease;
- commencement date;
- remaining term;
- rent;
- renewal provisions;
- restrictions on assignment;
- consent requirements;
- use restrictions;
- covenants; and
- termination provisions.
A buyer should know exactly what interest is being acquired.
Buying a leasehold interest is fundamentally different from purchasing an interest described as outright ownership.
9. Purchase Receipt
A purchase receipt can be useful evidence of a transaction, particularly where it forms part of the historical documentation.
However, a receipt should not be treated as conclusive evidence of title.
A receipt can show that money was paid. It does not necessarily establish that the person who received the money had good title to the land.
If a seller tells you:
“This receipt proves that I own the land.”
that should prompt further investigation rather than immediate payment.
10. Power of Attorney
A Power of Attorney becomes particularly relevant where somebody is selling or dealing with land on behalf of another person.
The buyer should investigate:
- who granted the Power of Attorney;
- whether the grantor has an interest in the property;
- identity of the attorney;
- date of the instrument;
- powers granted;
- whether the authority extends to sale;
- whether the Power of Attorney remains effective; and
- whether it has been revoked or otherwise affected.
Is a Power of Attorney Proof of Ownership?
Generally, a Power of Attorney is an instrument of authority. It authorises another person to act for the grantor; it does not, merely by existing, make the attorney the owner of the property.
Therefore, if an agent says:
“I have Power of Attorney, so the property belongs to me.”
the buyer should investigate the actual owner’s title.
11. Probate or Letters of Administration
Where the seller claims that the property belonged to a deceased person, estate documents become particularly important.
Depending on the circumstances, investigate:
- the Will;
- Grant of Probate;
- Letters of Administration;
- relevant court documents;
- identity of the executor or administrator;
- evidence of authority to deal with the property; and
- any relevant transmission or registration documents.
A family member cannot simply sell estate property because the deceased was their parent, spouse or relative.
The person dealing with the property must have the necessary legal authority.
12. Court Judgment or Order
If the seller’s title is based on a court judgment or order, obtain and examine the actual judgment or order.
Do not rely solely on the seller’s summary of what the court decided.
The investigation should establish:
- the parties to the proceedings;
- the property involved;
- the nature of the judgment;
- whether the judgment is final;
- whether there was an appeal;
- whether any relevant order affects the property; and
- whether further steps were required to give effect to the judgment.
This is particularly important where the property has previously been disputed.
13. Property Search Report
A property search report is one of the most important documents in the due-diligence process.
In Lagos, the Land Administration Portal provides Online Property Search and Certified True Copy services.
The Lagos State Lands Registration Law provides for land-registry records, including registers relating to transactions, mortgages and cautions, and provides for an official search report following a search.
The search should help determine whether the seller’s documents correspond with the official records and whether registered interests affect the property.
What Should a Property Search Establish?
Depending on the records available, the investigation should address matters such as:
- registered proprietor;
- description of the property;
- history of transactions;
- registered interests;
- mortgages;
- cautions;
- subsequent dealings;
- registration details; and
- other matters appearing on the relevant records.
A search report should then be interpreted alongside the rest of the title documents.
14. Certified True Copies of Registered Documents
Where appropriate, obtain Certified True Copies of relevant documents from the appropriate registry.
This can be particularly useful where:
- the seller’s copy appears incomplete;
- there are discrepancies between documents;
- the authenticity of a document is questioned;
- the property has changed hands several times; or
- you need to compare the seller’s document with the official record.
Lagos State’s current land-services portal expressly provides a Certified True Copy service.
15. Documents Relating to Government Acquisition or Excision
Where the property is situated in an area with a history of government acquisition, additional investigation is necessary.
Depending on the circumstances, relevant documents may include:
- Gazette;
- excision documents;
- approved layout;
- survey information;
- allocation documents; and
- other government records establishing the status of the land.
Do not rely solely on the seller’s statement that:
“The land has excision.”
The specific parcel must be matched against the relevant government records.
16. Planning and Development Documents for Developed Property
If you are buying a developed property, the investigation should not stop at the land title.
Relevant planning and development documents should also be examined.
Lagos State’s Physical Planning Permit Regulations recognise title documents such as Certificates of Occupancy, Conveyances/Land Certificates, Governor’s Consent and purchase receipts as evidence relevant to planning applications.
For developed property, investigate matters such as:
- planning approval;
- development permit;
- approved building plans;
- building-control documentation;
- permitted use; and
- whether the existing development corresponds with the approved documentation.
This is particularly important when buying a house, commercial building, apartment block or development intended for redevelopment.
Should You Ask the Seller for Every Possible Document?
No.
The documents required depend on the property’s title and transaction history.
For example, you would not necessarily expect the same documents for:
- government-allotted land;
- family land;
- land acquired through a Deed of Assignment;
- a property forming part of a deceased estate;
- a leasehold property;
- an apartment purchased from a developer; or
- a property being sold by a company.
The correct approach is to identify the root and chain of title and then determine which documents are necessary to establish the seller’s interest and your ability to acquire it.
What If the Seller Cannot Produce the Original Documents?
The absence of an original document does not automatically mean that the property is fraudulent.
There can be legitimate reasons why a seller has a certified copy or another form of documentary evidence rather than an original.
However, the explanation should be investigated.
Where necessary, obtain certified copies from the relevant registry and verify the information independently.
The important question is not simply:
“Does the seller have the original?”
It is:
“Can the seller satisfactorily establish the interest being transferred and can that interest be independently verified?”
What If the Documents Contain Different Names?
Do not ignore discrepancies in names.
For example, the title may state:
John Adewale
while the seller’s identification states:
John Adewale Smith.
That difference does not automatically establish fraud, but it should be explained and supported by appropriate evidence.
The same applies to differences in:
- addresses;
- company names;
- plot numbers;
- survey numbers;
- property descriptions; and
- dates.
Small discrepancies can sometimes have innocent explanations. Others can reveal serious defects.
They should therefore be investigated before payment.
What If the Documents Look Genuine?
Still conduct independent verification.
Modern property fraud can involve sophisticated documents that look authentic.
A buyer should not determine authenticity merely by looking at:
- stamps;
- signatures;
- letterheads;
- seals;
- registration numbers; or
- government logos.
The relevant records should be independently checked.
A Practical Document Checklist for Buying Land in Lagos
Before committing your money, your lawyer should determine which of the following apply to the transaction:
| Document | What It Helps Establish |
|---|---|
| Certificate of Occupancy | Nature of the documented interest and relevant grant details |
| Deed of Assignment | Transfer of an interest from one party to another |
| Governor’s Consent | Consent relating to an alienation where required |
| Survey Plan | Identity, location, boundaries and dimensions of the land |
| Gazette | Government publication relevant to the status or disposition of land |
| Allocation Letter | Evidence of an allocation by the relevant authority |
| Previous Title Documents | History and root of the seller’s interest |
| Deed of Lease/Sublease | Leasehold interest and its terms |
| Purchase Receipt | Evidence of payment or transaction, but not necessarily title |
| Power of Attorney | Authority to act on behalf of another person |
| Probate/Letters of Administration | Authority concerning property of a deceased estate |
| Court Judgment/Order | Court determination affecting the property |
| Property Search Report | Information obtained from relevant land records |
| Certified True Copy | Certified copy of a registered document |
| Planning/Development Documents | Relevant planning and development approvals for developed property |
Do Not Make the Mistake of Checking Documents Without Checking the Land
Documents should always be considered together with the physical property.
A buyer should inspect:
- the exact location;
- boundaries;
- access;
- occupation;
- neighbouring properties;
- existing structures;
- signs of encroachment;
- persons claiming ownership; and
- other circumstances that could reveal a competing interest.
The documents and the physical property must tell the same story.
Why You Should Use a Property Lawyer Before Buying Land
A property lawyer does more than collect documents.
The lawyer should connect the documents and other evidence to determine whether the proposed transaction is legally safe.
This involves:
- identifying the seller’s claimed interest;
- tracing the root and chain of title;
- reviewing the relevant documents;
- conducting the appropriate searches;
- investigating survey information;
- checking for encumbrances;
- investigating acquisition and planning issues;
- examining possession and competing claims;
- identifying defects or risks; and
- advising the buyer whether and on what terms to proceed.
A document checklist is therefore not a substitute for legal due diligence.
Conclusion
Before buying land in Lagos, do not ask only, “What document does the seller have?”
Ask:
“What documents establish the seller’s interest, are those documents genuine and consistent with the official records, and do they establish that the interest can safely be transferred to me?”
A Certificate of Occupancy, Deed of Assignment, survey plan, Gazette or receipt can be important, but none should automatically end the investigation.
The safest approach is to review the relevant documents, verify them against government records, investigate the chain of title, inspect the property and identify any encumbrances or competing claims before committing your money.
If you are considering buying land or property in Lagos, Lexforte Attorneys can assist with title-document review, property searches, legal due diligence and the preparation or review of the transaction documents. Contact Lexforte Attorneys before you pay for the property, not after a title dispute has arisen.