How to Confirm the True Owner of Land in Lagos Before Buying

Buying land in Lagos without confirming who actually owns it is one of the most serious mistakes a property buyer can make. A seller can produce a Deed of Assignment, Certificate of Occupancy, survey plan, purchase receipt or other documents and still not have a good title to the particular property being offered for sale.

The critical question is not simply, “Does the seller have documents?” It is:

Does the seller have a valid and traceable interest in this particular land, and does that interest give the seller the legal authority to sell it to you?

This is why confirming the true owner of land should be treated as a legal due-diligence exercise before any substantial payment is made.

In Lagos, the process involves examining the seller’s documents, tracing the root of title, conducting an official search at the appropriate land registry and survey authorities, checking for encumbrances or competing interests, and confirming that the land being offered corresponds with the documents.

Why You Must Confirm the True Owner Before Buying Land

Land transactions involve substantial financial commitments, and disputes over ownership can take years to resolve.

A person offering land for sale could be:

• The registered owner;
• A purchaser whose interest has not been properly perfected;
• An attorney acting for the owner;
• An executor or administrator dealing with estate property;
• A family representative;
• A developer or agent authorised to sell;
• A person who acquired the property from an earlier owner; or
• Someone who has no legal interest or authority to sell the land at all.

These situations are not legally equivalent.

For example, a person who merely has possession of land does not automatically have the right to sell it. Likewise, a person holding a Power of Attorney does not thereby become the owner of the land. A Power of Attorney generally gives authority to act on behalf of another person; it must therefore be examined together with the title of the person who granted it.

The Lagos State Property Protection Law also addresses the unlawful sale of property by persons who lack lawful title or authority, illustrating the seriousness with which unauthorised property transactions are treated.

Start With the Seller’s Identity

Before examining the land documents, establish exactly who is offering the property for sale.

Obtain and verify the seller’s:

• Full legal name;
• Residential or business address;
• Telephone number and email address;
• Means of identification;
• Corporate registration details, where applicable;
• Authority to sell, where the seller is acting for another person; and
• Relationship with the person named in the title documents.

The name on the seller’s identification should be compared with the name appearing on the relevant title documents.

If the person selling the property is not the person named in the title, the transaction requires further investigation.

For example, the seller may claim to be:

• An attorney;
• An administrator of an estate;
• A beneficiary;
• A family representative;
• An agent;
• A director of a company; or
• A purchaser who acquired the land from the registered owner.

Each claim requires appropriate supporting documentation.

Ask for the Complete Chain of Title

One of the most important questions to ask is:

How did the seller acquire the land?

The answer should be supported by documents.

Suppose a seller claims to have acquired land from Mr. A. You should not necessarily stop your investigation at the document between the seller and Mr. A.

You may need to establish how Mr. A himself acquired the land.

The investigation can therefore proceed backwards:

Current Seller → Previous Owner → Earlier Owner → Original or recognised Root of Title

The documents could include:

• Deed of Assignment;
• Deed of Conveyance;
• Certificate of Occupancy;
• Registered conveyance;
• Governor’s Consent;
• Deed of Assent;
• Vesting Assent;
• Probate or Letters of Administration;
• Court judgment;
• Acquisition or allocation documents;
• Family or customary title documents; or
• Other documents establishing the relevant interest in the land.

The precise documents required depend on the nature and history of the property.

The Court has repeatedly emphasised the importance of establishing the root of title where ownership is in dispute. A person relying on a derivative title must be able to connect that title to a person or entity with a valid interest capable of being transferred.

Conduct an Official Search at the Lagos Land Registry

The seller’s documents should never be the only basis for accepting ownership.

An official search is one of the most important steps in confirming the status of registered land in Lagos.

The Lagos State land-registration framework provides for searches of information contained in the land registration system, subject to the prescribed application and fees. The Lagos State Government also currently provides land-related services through its digital government platforms, while the Office of the Surveyor General provides services including land information, record copies, verification and charting information.

The purpose of the search is to compare what the seller claims with what is contained in the relevant government records.

Depending on the property and available records, the search can help determine matters such as:

• The registered proprietor;
• Description of the property;
• Registration details;
• Nature of the registered interest;
• Previous transactions;
• Registered assignments;
• Mortgages or charges;
• Restrictions or cautions;
• Other encumbrances; and
• Whether the seller’s documents correspond with the registered records.

A search should be conducted using sufficient information to properly identify the property. A vague description of the neighbourhood is not enough.

Do Not Treat a Certificate of Occupancy as the End of the Investigation

A Certificate of Occupancy is an important title document, but a buyer should not assume that simply seeing a C of O conclusively establishes that the seller is the undisputed owner of the land.

The Court has made it clear that the production of a title document does not automatically resolve every question concerning ownership. The document and the interest it represents must be properly examined in the context of the entire title.

This is particularly important where:

• There is evidence of an earlier title;
• The land was previously sold;
• There is a competing claim;
• The property falls within an acquisition;
• The purported owner acquired through a questionable root;
• The property description does not correspond with the land; or
• There is evidence of fraud or irregularity.

A C of O should therefore be treated as an important part of the title investigation, not as a substitute for due diligence.

Verify the Survey Plan and Identity of the Land

It is not enough to establish who claims to own the land. You must also establish which land the documents actually cover.

The survey plan should be examined against the physical property and relevant survey records.

Important details include:

• Survey plan number;
• Surveyor’s details;
• Location;
• Coordinates;
• Measurements;
• Boundaries;
• Beacon numbers;
• Area of the property; and
• Relationship with surrounding properties.

The land should also be checked against government acquisition and planning information where relevant.

A seller can have a genuine document and still offer a buyer a different parcel of land from the one covered by that document.

This is why title verification and survey verification should be treated as connected but distinct aspects of property due diligence.

Check Whether the Land Is Under Government Acquisition

A property can appear attractive and have a seller who claims ownership while still presenting serious acquisition or planning issues.

The buyer should determine whether the land:

• Falls within government acquisition;
• Is affected by an excision;
• Falls within an area covered by a Gazette;
• Has been released from acquisition;
• Is within an approved scheme; or
• Has other restrictions affecting development or transfer.

Where an excision or other government-related title is relied upon, the relevant documents and the precise location of the property should be independently verified.

This is particularly important in Lagos, where different categories of land and government schemes can affect the ability of a purchaser to obtain and perfect title.

Check for Mortgages, Charges and Other Encumbrances

The person named as owner may not have an unrestricted ability to sell the property.

For example, the property could have been:

• Mortgaged to a bank;
• Used as security for a loan;
• Subject to a registered charge;
• Previously assigned;
• Subject to a court order;
• Involved in litigation;
• Subject to a restriction or caution; or
• Otherwise encumbered.

A buyer who ignores these matters can acquire a property subject to an existing interest or become involved in litigation between the seller and another party.

An official search and examination of the title documents are therefore essential before completion.

Find Out Whether the Property Is Subject to Litigation

A title investigation should not be limited to documents at the Lands Registry.

Where circumstances justify it, searches and inquiries should be undertaken to determine whether the property is involved in litigation.

Warning signs include:

• A seller who refuses to disclose the history of the property;
• Conflicting claims from neighbouring occupants;
• Existing court processes relating to the property;
• Physical possession by someone other than the seller;
• A warning notice on the property;
• Disputes among family members;
• Multiple persons claiming to have purchased the same land; or
• A previous owner disputing the seller’s title.

A buyer should investigate any credible indication of a dispute before proceeding.

Inspect the Property Physically

Documentary investigation must be accompanied by physical inspection.

Visit the property and determine:

• Who is occupying it;
• Whether anyone is exercising possession;
• Whether there are existing buildings;
• Whether tenants are present;
• Whether neighbouring persons claim ownership;
• Whether the boundaries correspond with the survey plan; and
• Whether the property appears to be the same property described in the title documents.

A person who claims to be selling vacant land should be able to explain the presence of anyone occupying or using the land.

Physical possession does not automatically establish ownership, but unexplained possession by another person is a significant warning sign that requires investigation.

Be Particularly Careful With Family Land

Family land requires additional investigation.

Where land is said to belong to a family, the buyer should establish:

• The identity of the family;
• The family’s root of title;
• The person or persons authorised to represent the family;
• The consent required for the transaction;
• Whether the sale has been authorised;
• Whether there are competing family interests; and
• Whether the land has previously been sold or pledged.

A transaction executed by someone who lacks the necessary authority can expose the purchaser to a dispute with other members of the family.

The fact that a person is popularly regarded as a family representative does not by itself establish authority to sell family property.

Be Careful When Buying From an Attorney or Agent

An agent is not necessarily the owner.

If the seller says, “I am selling on behalf of the owner,” obtain evidence of the owner’s title and the authority granted to the agent.

Where a Power of Attorney is relied upon, examine:

• The identity of the donor;
• The donor’s title to the property;
• The date of the Power of Attorney;
• The powers granted;
• Whether the authority covers the particular transaction;
• Whether the Power of Attorney remains effective; and
• Whether there are circumstances affecting the donor’s capacity or authority.

Most importantly, verify the title of the person who granted the Power of Attorney.

An authority to sell cannot create ownership where the purported principal had no valid interest capable of being sold.

If the Seller Is a Company, Verify the Company’s Authority

Where a company owns the property, the buyer should verify the company’s corporate identity and authority to dispose of the property.

The investigation should consider:

• CAC records;
• The company’s registered details;
• The title documents;
• The persons authorised to act for the company;
• Relevant corporate approvals; and
• Whether the property is subject to a mortgage, charge or other restriction.

A director’s representation that a company owns a property is not a substitute for examining the company’s title.

If the Seller Is an Estate, Check Probate or Letters of Administration

Where the registered owner is deceased, the transaction requires additional care.

The buyer should establish:

• Whether the owner is deceased;
• Whether probate has been granted where there is a will;
• Whether Letters of Administration have been granted where the deceased died intestate;
• Who the personal representatives are;
• Whether they have authority to deal with the property; and
• Whether the property forms part of the deceased’s estate.

A person claiming to be a child, spouse or beneficiary of the deceased does not automatically acquire authority to sell estate property merely because of that relationship.

Compare All the Documents

One of the simplest ways to identify problems is to compare the information across the documents.

Check whether the following are consistent:

Any unexplained inconsistency should be resolved before money is paid.

What If the Seller Refuses to Allow a Title Search?

Treat this as a serious warning sign.

A genuine seller who has good title should generally understand that a prudent buyer will want the title independently verified.

Be cautious if the seller:

• Insists on immediate payment;
• Says a search is unnecessary;
• Claims that the C of O is enough;
• Refuses to provide title documents;
• Refuses access to the property;
• Prevents communication with the alleged owner;
• Says the land will be sold to someone else if you delay due diligence; or
• Insists that the transaction must be completed before verification.

Pressure to pay quickly should never replace legal due diligence.

Do Not Rely Only on the Seller’s Lawyer

The seller’s lawyer represents the seller.

A buyer should have independent legal representation where the transaction is significant.

Your lawyer’s role is to investigate the transaction from the buyer’s perspective, identify risks and advise whether the proposed acquisition is safe.

This includes examining the title documents, conducting appropriate searches, identifying the root of title, reviewing the contract and Deed of Assignment, and advising on perfection.

Independence is particularly important because the seller’s lawyer cannot be expected to perform the same protective function for the buyer.

When Should You Conduct the Investigation?

Ideally, title verification should take place before you make a substantial financial commitment.

Do not wait until after signing every document or paying the entire purchase price.

A sensible sequence is:

1. Identify the property.
2. Obtain the seller’s title documents.
3. Verify the seller’s identity and authority.
4. Conduct the appropriate land and survey searches.
5. Trace the root of title.
6. Inspect the property physically.
7. Investigate encumbrances, acquisition and litigation issues.
8. Resolve identified defects or inconsistencies.
9. Negotiate and execute the appropriate transaction documents.
10. Complete the transaction and proceed with stamping, registration and any required consent or perfection.

The precise sequence can vary depending on the nature of the property and the transaction.

What Documents Should You Request From the Seller?

Before proceeding with a land purchase in Lagos, ask for copies of the relevant documents, including, where applicable:

• Certificate of Occupancy;
• Deed of Assignment;
• Deed of Conveyance;
• Survey Plan;
• Governor’s Consent;
• Previous title documents;
• Purchase receipts;
• Allocation documents;
• Excision or Gazette documents;
• Probate or Letters of Administration;
• Power of Attorney;
• Corporate documents;
• Building or planning documents where relevant; and
• Any other document relied upon as evidence of ownership or authority to sell.

Not every transaction will involve all these documents. The appropriate documents depend on the property’s history.

Can a Search Alone Guarantee That the Land Is Safe?

No.

An official land search is an important part of due diligence, but it should not be treated as the entire investigation.

A proper title investigation considers the available government records together with:

• The root of title;
• The identity and authority of the seller;
• The survey and identity of the property;
• Physical possession;
• Encumbrances;
• Acquisition status;
• Litigation risks;
• Family or estate interests; and
• The consistency and authenticity of the transaction documents.

Recent Nigerian appellate decisions continue to demonstrate why documentary title must be examined in its proper context. The Court has considered whether documents relied upon to establish title actually connect the claimant to a valid root of title rather than treating the mere production of documents as conclusive.

What Happens If You Discover That the Seller Is Not the True Owner?

Do not proceed with the transaction until the issue has been professionally investigated.

Depending on the circumstances, the problem could arise from:

• Fraud;
• A defective root of title;
• An unauthorised sale;
• A previous sale;
• Family dispute;
• Estate administration issues;
• Government acquisition;
• A defective survey;
• An existing mortgage or charge;
• Litigation; or
• Simple documentation errors.

The appropriate response depends on the nature of the defect.

If money has already been paid, obtain legal advice immediately rather than attempting to resolve the matter informally without understanding your legal position.

Buy the Land Only After the Title Has Been Properly Investigated

The safest approach to buying land in Lagos is to treat ownership as something that must be verified, not merely asserted.

A seller’s confidence, a receipt, a survey plan or even a Certificate of Occupancy does not remove the need for proper due diligence.

The central questions should always be:

Who owns this land?

How did that person acquire it?

Does the person have authority to sell it?

Does the title cover this exact property?

Is anyone else claiming an interest in it?

Are there government, registration, acquisition, mortgage or litigation issues affecting the property?

Only after those questions have been satisfactorily answered should a buyer proceed to completion.

Get Professional Property Due Diligence Before You Pay

Buying land is one of the largest financial decisions many people make. A proper title investigation can identify ownership problems before they become expensive disputes.

At Lexforte Attorneys, we assist purchasers with property due diligence, title verification, land searches, review of title documents, investigation of the root of title, preparation and review of property transaction documents, and title perfection.

Before you buy land in Lagos, verify the title, confirm the ownership and understand what you are buying. Contact Lexforte Attorneys for professional property due diligence and legal advice.