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
Contract of Sale of Land in Nigeria: Essential Terms
A contract of sale of land is one of the most important documents in a property transaction. It records the agreement between the seller and buyer before the transaction is completed and sets out what is being sold, the price, how and when payment will be made, when possession will be given, what each party must do, and what happens if either party defaults. A poorly drafted sale of land agreement can create disputes over the purchase price, boundaries, possession, title documents, completion, refund of money, or the seller’s obligation to execute the necessary transfer documents. A properly drafted agreement, on the other hand, gives both parties a clear contractual framework for completing the transaction. The Supreme Court has stated that a contract for the sale of land is made and concluded where there is final and complete agreement on the essential terms, including the parties, the property, the consideration and the nature of the interest to be granted. This article explains the essential terms that should be addressed in a contract of sale of land in Nigeria. What Is a Contract of Sale of Land? A contract of sale of land is an agreement under which a seller agrees to transfer an interest in a specified property to a buyer in exchange for an agreed consideration. The agreement establishes the obligations of the parties and provides the framework for completion of the transaction. It is important to distinguish the contract of sale from the Deed of Assignment. The contract of sale sets out the bargain between the parties and the terms on which the transaction will proceed. The Deed of Assignment is the formal instrument used to document the transfer of the relevant interest when the transaction is completed and the applicable legal requirements have been satisfied. For a detailed explanation of the latter, see “Deed of Assignment in Nigeria: What Buyers Need to Know.” What Makes a Contract of Sale of Land Valid? The parties must reach a final agreement on the essential terms of the transaction. The courts have identified the essential matters as including: The parties to the contract; The property being sold; The consideration or purchase price; and The nature of the interest being granted. Once the parties have reached final agreement on these essential matters, a contract for the sale of land can be concluded. However, a sound land sale agreement should go considerably further than these basic elements. The agreement should address the practical steps required to take the transaction from negotiation to completion. 1. Full Details of the Parties The agreement should clearly identify the seller and buyer. For an individual, this should ordinarily include the person’s full legal name and relevant address. For a company, the agreement should use the company’s correct registered name and address and identify the person signing on its behalf in accordance with the company’s authority. Where a representative, attorney, trustee, personal representative or other agent is involved, the agreement should clearly state the capacity in which that person is acting. This is particularly important where the person negotiating the sale is not the registered or recognised holder of the property. The buyer should establish that the person signing the agreement has authority to sell. 2. Accurate Description of the Property The property must be clearly identified. The agreement should contain sufficient particulars to distinguish the property from other properties. Depending on the transaction, these may include: Plot number; Block number; Survey plan number; Surveyor’s details; Land size; Location; Street and area; Beacon numbers; Title or registration particulars; Description of buildings or improvements. Where a survey plan exists, the property description in the agreement should correspond with it. A buyer should not accept a vague description such as simply “a parcel of land at Lagos” where the property can and should be more precisely identified. For practical guidance on the documents to examine, see “Documents to Check Before Buying Land in Lagos.” 3. Purchase Price The total purchase price should be expressly stated. The agreement should avoid uncertainty about whether the price is: The total purchase price; The price per square metre; The price per plot; Inclusive or exclusive of specified charges; Subject to adjustment. If the price is being paid in instalments, the agreement should state the amount and due date of each instalment. For example: Purchase price: ₦100,000,000 Initial payment: ₦30,000,000 upon execution Second payment: ₦40,000,000 upon satisfaction of the agreed condition Balance: ₦30,000,000 upon completion The actual structure will depend on the transaction. The important point is that the payment obligation should be clear. 4. Payment Method and Evidence of Payment The agreement should state how payment is to be made. Where payment is by bank transfer, the appropriate account details and evidence of payment should be preserved. Where payment is made through an agent or representative, the agreement should clearly establish the authority of that person to receive the money. The seller should acknowledge each payment where appropriate. This prevents later disputes about whether the purchase price, or a particular instalment, was paid. 5. Conditions Precedent to Completion A sophisticated land sale agreement should identify matters that must occur before completion. For example, completion could be made subject to: Satisfactory title investigation; Confirmation of the seller’s authority; Resolution of an identified title issue; Production of specified title documents; Obtaining required consent; Payment of an agreed outstanding liability; Vacant possession; Execution of the Deed of Assignment. This is particularly useful where the buyer does not want to pay the entire purchase price before the seller has satisfied important obligations. 6. Seller’s Title and Authority to Sell The seller should identify the title under which the property is held. The agreement should also require the seller to represent, where appropriate, that: The seller has the authority to enter into the transaction; The seller has not previously sold the property to another person; The property is not subject to undisclosed encumbrances; There is no undisclosed litigation affecting the property; The seller has disclosed relevant interests
Deed of Assignment vs Certificate of Occupancy in Nigeria
When buying land or property in Nigeria, two documents that frequently appear in property transactions are the Deed of Assignment and the Certificate of Occupancy (C of O). Because both documents are associated with land ownership and title, buyers sometimes assume that they serve the same purpose. They do not. A Certificate of Occupancy and a Deed of Assignment perform different legal functions. A Certificate of Occupancy is evidence of a right of occupancy granted or recognised under the applicable land law, while a Deed of Assignment is an instrument used to transfer an existing interest in land from one person to another. Understanding the difference is important because having one document does not automatically eliminate the need for the other. What Is a Certificate of Occupancy? A Certificate of Occupancy is a formal document evidencing a right of occupancy over land. Under the Land Use Act, the Governor has powers relating to the grant of statutory rights of occupancy, while the holder of a statutory right of occupancy is subject to the conditions applicable to that right. A Certificate of Occupancy can therefore serve as important evidence of the holder’s interest in the property. However, a Certificate of Occupancy should not be treated as an automatic and conclusive guarantee of ownership in every circumstance. The Court has held that a Certificate of Occupancy issued under the Land Use Act is not conclusive evidence of a valid title. It is prima facie evidence of the interest or title stated in it and can be challenged where another person establishes a better title or where the grant itself is defective. See Adole v. Gwar (2008) 11 NWLR (Pt. 1099) 562. This is why a buyer should investigate the root of title even where the seller presents a Certificate of Occupancy. For more information, see “How to Verify a Certificate of Occupancy in Nigeria.” What Is a Deed of Assignment? A Deed of Assignment is a legal instrument by which a person transfers an existing interest in land to another person. The person transferring the interest is the Assignor, while the person receiving the interest is the Assignee. For example, where a person holding an interest in a property sells that interest to a buyer, the transaction can be documented through a Deed of Assignment. The deed normally identifies the parties, describes the property, states the consideration and contains the operative provisions by which the relevant interest is assigned. For a detailed explanation, see “Deed of Assignment in Nigeria: What Buyers Need to Know.” The Main Difference Between a Deed of Assignment and a Certificate of Occupancy The simplest way to understand the difference is this: A Certificate of Occupancy evidences a right of occupancy, while a Deed of Assignment documents the transfer of an existing interest from one person to another. They therefore answer different questions. A Certificate of Occupancy primarily addresses: What right of occupancy has been granted or recognised in respect of the property? A Deed of Assignment addresses: What interest is being transferred from the existing holder to the new holder? The documents can therefore appear together in the same property transaction. Deed of Assignment vs Certificate of Occupancy: Key Differences Issue Deed of Assignment Certificate of Occupancy Primary function Transfers an existing interest Evidences a right of occupancy Typical parties Assignor and Assignee Government and holder/grantee Usually arises from Sale or other transfer Grant or recognition of right of occupancy Identifies transaction between parties Yes Not primarily Shows purchase transaction Yes No Shows right of occupancy Through the interest being assigned Yes Requires investigation of root of title Yes Yes May involve Governor’s Consent Yes, where required It is itself connected to the grant of a statutory right of occupancy Requires registration/perfection Yes, as applicable It is itself a title document Automatically proves indefeasible ownership No No Does a Certificate of Occupancy Replace a Deed of Assignment? No. A Certificate of Occupancy and a Deed of Assignment are not interchangeable documents. Suppose Mr A holds a property evidenced by a Certificate of Occupancy and later sells his interest to Mr B. The Certificate of Occupancy does not itself document the sale from Mr A to Mr B. The transaction transferring Mr A’s interest to Mr B must be properly documented. Depending on the circumstances, this includes a Deed of Assignment and the applicable consent, stamping and registration processes. The buyer should therefore not assume that receiving the seller’s original Certificate of Occupancy means that the buyer has completed the transfer of the property. Does a Deed of Assignment Replace a Certificate of Occupancy? Not necessarily. A Deed of Assignment does not automatically become a Certificate of Occupancy merely because it has been executed. The deed documents the transfer of the Assignor’s interest. The buyer’s title must then be considered in light of the nature of the interest transferred, the root of title, applicable land law and the required perfection process. The documents forming the chain of title can therefore remain important after the transaction. Can You Buy Property With Only a Certificate of Occupancy? A Certificate of Occupancy is an important title document, but the existence of a C of O does not mean that the buyer should dispense with due diligence. The buyer should investigate: The identity of the registered or recognised holder; The root of title; The property’s location and boundaries; Existing mortgages or charges; Pending litigation; Government acquisition; Restrictions affecting the property; Whether the document is genuine; Whether the seller has authority to sell. The Court has repeatedly recognised that a Certificate of Occupancy is not conclusive proof of title where a better title or defect in the grant is established. See “How to Verify Land Title Before Buying Property” before committing to a purchase. Can You Buy Property With Only a Deed of Assignment? A Deed of Assignment should also not be treated in isolation. The buyer must determine what interest the Assignor actually had and whether that interest was capable of
Deed of Assignment in Nigeria: What Buyers Need to Know
Buying land or a house in Nigeria involves more than paying the agreed purchase price and taking possession of the property. The transaction must be properly documented to establish the transfer of the seller’s interest to the buyer and to protect the buyer’s interest in the property. One of the most important documents used for this purpose is a Deed of Assignment. A Deed of Assignment is the legal instrument through which a person who holds an interest in land transfers that interest to another person. It is commonly used in the sale of land, houses and other interests in real property. However, signing a Deed of Assignment does not mean that a buyer can ignore title verification, Governor’s Consent, stamping or registration. The document forms part of a broader property transaction and must be properly prepared and perfected. This article explains what a Deed of Assignment is, what it should contain, when it is required, and the important steps a buyer should take before and after signing one. What Is a Deed of Assignment? A Deed of Assignment is a formal legal document by which the holder of an interest in land or property transfers that interest to another person. The person transferring the interest is called the Assignor, while the person receiving the interest is called the Assignee. For example, where Mr A owns a property and sells it to Mr B, the Deed of Assignment records the transfer of Mr A’s interest in the property to Mr B. The deed normally identifies the property, the interest being transferred, the consideration paid or agreed to be paid, the parties to the transaction and the terms governing the transfer. The document therefore provides formal evidence of the transaction and the interest which the buyer has acquired. When Is a Deed of Assignment Required in Nigeria? A Deed of Assignment is generally used where an existing interest in land is being transferred from one person to another. Common situations include: Sale of a completed house; Sale of a parcel of land; Transfer of an existing right of occupancy; Transfer of an interest acquired under a previous Deed of Assignment; Transfer of property from one entity or person to another; Certain commercial property transactions. The appropriate document depends on the nature of the transaction and the interest being transferred. A lease, sublease, deed of assent, deed of gift, mortgage or other instrument may be appropriate in different circumstances. A lawyer should therefore determine the correct instrument from the title and nature of the transaction rather than simply using a standard document. What Does a Deed of Assignment Transfer? A Deed of Assignment does not create ownership out of nothing. The Assignor must have an interest capable of being transferred. The deed transfers the Assignor’s existing interest, subject to the terms of the transaction and applicable law. For example, if the Assignor holds a statutory right of occupancy with a particular unexpired term, what is being transferred is the Assignor’s interest in that right of occupancy. This is why title verification must come before execution of the Deed of Assignment. A beautifully drafted deed cannot cure a defective root of title. What Should a Deed of Assignment Contain? A properly prepared Deed of Assignment should accurately reflect the transaction and the property being transferred. Although the precise contents will depend on the circumstances, important provisions commonly include the following. 1. Date of the Deed The deed should state the date on which it is executed. The date is important for identifying when the instrument was made and for determining the applicable legal and procedural requirements. 2. Details of the Assignor and Assignee The full names and relevant addresses or descriptions of the parties should be clearly stated. Where a company is involved, its proper corporate name and relevant particulars should be used. The person executing the deed on behalf of a company must also have proper authority to do so. 3. Recitals The recitals explain the background to the transaction. They may identify: How the Assignor acquired the property; The title document under which the Assignor holds the property; The location and description of the property; The agreement between the parties; The consideration for the transaction. The recitals are particularly useful because they provide the background against which the operative provisions of the deed are understood. 4. Description of the Property The property must be sufficiently identified. Depending on the transaction, this can include: The location; Plot number; Block number; Survey plan details; Land size; Beacon numbers; Description of buildings or improvements; Title registration details. A vague or inaccurate description can create serious problems when the document is submitted for registration or when the parties later dispute the property transferred. 5. Consideration The consideration paid or agreed to be paid should be properly stated. Where the transaction is a sale, the consideration will ordinarily be the purchase price. The deed should also reflect the actual commercial arrangement between the parties rather than an artificial figure inserted merely to reduce fees or taxes. 6. Operative Clause The operative part of the deed is the provision by which the Assignor formally assigns the relevant interest to the Assignee. It should clearly identify the interest being transferred and the property to which that interest relates. 7. Covenants and Representations The deed may contain promises made by the Assignor concerning the property and the title. Depending on the transaction, these can address matters such as: The Assignor’s authority to transfer the property; Absence of undisclosed encumbrances; Quiet enjoyment; Further assurance; Indemnity against specified title defects; Delivery of title documents. The precise covenants should be drafted according to the risks identified during due diligence. 8. Execution and Attestation The parties must execute the deed in accordance with applicable legal requirements. The execution clause should also provide for proper witnessing and attestation. Where a company is involved, the execution requirements applicable to companies should be observed. What Should a Buyer Check Before Signing a Deed of Assignment?
How Much Does Governor’s Consent Cost in Lagos?
The cost of obtaining Governor’s Consent in Lagos is one of the first questions property buyers and sellers ask when planning a land transaction. The answer is not simply a fixed percentage of the purchase price. In Lagos, the applicable charges are generally assessed by reference to the Fair Market Value (FMV) of the property and can include Governor’s Consent, Capital Gains Tax, stamp duty, registration and other applicable charges. This distinction has become particularly important following the introduction of the Lagos State 2026 Fair Market Value framework, which has significantly increased the official values used in assessing land transaction charges in many parts of the State. A buyer who budgets only on the purchase price can therefore be surprised by the amount required to complete title perfection. What Is the Governor’s Consent Fee? Governor’s Consent is the consent required under section 22 of the Land Use Act for certain dealings with a statutory right of occupancy, including assignment, mortgage, transfer of possession and sublease. In Lagos, the consent fee is one component of the wider cost of perfecting the relevant land transaction. The Lagos State Ministry of Lands’ published service schedule lists the Consent Fee on Land Services at 1.5% of the Fair Market Value of the property. It separately lists Capital Gains Tax at 0.5%, stamp duty at 0.5% and registration fees at 0.5%. Therefore, a buyer should distinguish between the Governor’s Consent fee itself and the total cost of perfecting the transaction. How Much Is Governor’s Consent in Lagos in 2026? For a typical land transfer to which the published Lagos State Lands Bureau rates apply, the consent fee is 1.5% of the assessed Fair Market Value. However, the total government charges associated with the transaction can be higher because other charges are separately applicable. The published Lagos State Ministry of Lands schedule provides the following rates for land services: Charge Published rate Governor’s Consent 1.5% of Fair Market Value Capital Gains Tax 0.5% of Fair Market Value Stamp Duty 0.5% of Fair Market Value Registration Fee 0.5% of Fair Market Value Combined percentage-based charges 3% of Fair Market Value These figures should not be interpreted as meaning that every property transaction will always produce exactly the same final bill. Other charges or transaction-specific requirements can apply. The official assessment for the particular transaction should therefore be treated as the final figure. Is Governor’s Consent Calculated on the Purchase Price? Not necessarily. This is one of the most important points for property buyers to understand. The Lagos State Lands Bureau’s published schedule expresses the principal land-service charges as percentages of the property’s Fair Market Value, rather than simply the amount stated in the buyer’s agreement. Consequently, the amount paid for the property and the value adopted for government assessment can produce different figures. For example, if a buyer purchases a property for ₦100 million but the relevant government assessment places its Fair Market Value at ₦150 million, applying a 1.5% consent fee to the assessed value would produce a consent fee of ₦2.25 million rather than ₦1.5 million. The actual assessment, however, must be obtained from the relevant government process for the particular property. What Is the 2026 Fair Market Value Framework? The Lagos State Government revised its Fair Market Value framework for land transactions in 2026. The revised framework, commonly referred to as the 2026 Blue Book, took effect from 1 May 2026. Contemporary reporting on the implementation states that the revised values increased the government-assessed values of property in many parts of Lagos, which in turn increased the naira amount payable for transaction-related charges. The important point is that an increase in the amount payable does not necessarily mean that the percentage rate itself has increased. Where the applicable percentage remains the same but the government’s assessed value of the property increases substantially, the resulting naira amount also increases. Why Did Governor’s Consent Become More Expensive in Lagos? The principal reason for the higher amounts in many transactions is the revision of the official property values used for assessment. For several years, government valuation benchmarks did not always reflect the substantial increase in market values across Lagos. The 2026 revision sought to update those values to reflect prevailing market conditions. As a result, a property that attracts a 1.5% consent fee can generate a much larger monetary charge if the Fair Market Value assigned to it has increased significantly. This distinction is important because saying simply that “Governor’s Consent has increased from X% to Y%” can be misleading. The applicable percentage and the assessed value are separate questions. How Much Would Governor’s Consent Cost on a ₦100 Million Property? Assuming, purely for illustration, that the government’s assessed Fair Market Value is ₦100 million, a 1.5% consent fee would be: ₦1,500,000 The other 0.5% charges listed in the Lagos State Ministry of Lands schedule would each amount to: Capital Gains Tax — ₦500,000 Stamp Duty — ₦500,000 Registration Fee — ₦500,000 That gives: Total of the four percentage-based charges: ₦3,000,000 This is an illustration only. The actual government assessment can differ from the purchase price. What If the Fair Market Value Is ₦500 Million? If the assessed Fair Market Value is ₦500 million: Governor’s Consent at 1.5% = ₦7.5 million Capital Gains Tax at 0.5% = ₦2.5 million Stamp Duty at 0.5% = ₦2.5 million Registration at 0.5% = ₦2.5 million The combined amount of those four percentage-based charges would be: ₦15 million Again, this is an illustration based on the published rates and an assumed Fair Market Value of ₦500 million. It is not a quotation of the amount payable for a particular property. What If the Property Is Worth ₦1 Billion? Using the same published rates and assuming a Fair Market Value of ₦1 billion: Governor’s Consent = ₦15 million Capital Gains Tax = ₦5 million Stamp Duty = ₦5 million Registration = ₦5 million The four percentage-based charges would therefore total: ₦30 million This demonstrates why buyers of high-value Lagos properties should