Purchasing land is one of the most significant investments an individual or business can make. Unfortunately, many prospective buyers lose substantial sums of money each year due to inadequate due diligence, fraudulent transactions, defective titles, and failure to comply with legal requirements. A parcel of land may appear attractive and even be physically available, yet still be subject to disputes, government acquisition, encumbrances, or competing ownership claims.

Before committing to any land purchase, it is essential to conduct proper legal checks to ensure that the transaction is valid and that your investment is protected. At Lexforte Attorneys, we strongly recommend that every purchaser obtains professional legal advice before making payment or executing any property documents.

Below are five critical legal checks every buyer should undertake before purchasing land in Nigeria.

Verify the Seller’s Ownership and Capacity to Sell

The first and most fundamental step is to confirm that the person offering the land for sale is the lawful owner or is legally authorised to sell the property.

Request and carefully examine documents evidencing ownership, such as:

Certificate of Occupancy (C of O)
Deed of Assignment
Deed of Conveyance
Registered Survey Plan
Court Judgment (where title was acquired through litigation)
Letters of Administration or Grant of Probate (where the owner is deceased)

Where the seller is acting on behalf of another person or a company, verify the authority under which the sale is being conducted. This may include a valid Power of Attorney, board resolution, or letters of administration.

Purchasing land from a person without legal authority may result in the transaction being declared void, exposing the buyer to financial loss and lengthy litigation.

Conduct a Title Search at the Appropriate Land Registry

Never rely solely on the documents presented by a seller.

A search should be conducted at the relevant State Land Registry to determine:

Whether the title documents are genuine.
Whether the land has been properly registered.
Whether there are existing mortgages, charges, or other encumbrances.
Whether ownership corresponds with the seller’s claims.
Whether any restrictions affect the property.

A land registry search provides valuable information about the legal status of the property and may reveal issues that are not immediately apparent from the documents presented by the seller.

Confirm That the Land Is Free from Government Acquisition and Litigation

Not every piece of land is available for private ownership.

Some lands are:

Under government acquisition.
Reserved for public purposes.
Subject to compulsory acquisition.
Located within road setbacks or government schemes.
The subject of pending court cases.
Under customary ownership disputes.

Where land is under acquisition or involved in litigation, purchasing such property may expose the buyer to prolonged legal battles or even complete loss of the investment.

It is therefore important to investigate the status of the land through the appropriate government agencies and, where necessary, conduct independent enquiries within the community where the land is situated.

Verify the Survey Plan and Physical Boundaries

A Registered Survey Plan is one of the most important documents relating to land ownership.

Before purchasing land:

Confirm that the survey corresponds with the actual location.
Ensure the boundaries are accurately identified.
Verify that there is no overlap with neighbouring properties.
Confirm that the coordinates do not fall within government-acquired land.

Professional surveyors can also determine whether the land lies within committed acquisition, excised land, gazetted land, or freehold areas.

A proper survey verification helps prevent future boundary disputes and protects against fraudulent land sales.

Ensure Proper Documentation and Title Perfection

Many buyers believe that payment alone gives them ownership of land. This is incorrect.

After purchasing land, the transaction should be properly documented through legally recognised instruments such as:

Contract of Sale
Deed of Assignment
Deed of Lease (where applicable)
Power of Attorney (where appropriate)

Depending on the nature of the transaction, the purchaser may also need to:

Obtain Governor’s Consent where required.
Pay applicable stamp duties.
Register the title documents at the relevant Land Registry.
Perfect legal title in accordance with applicable land laws.

Failure to perfect title may significantly affect the buyer’s ability to resell the property, obtain financing using the property as security, or successfully defend ownership against competing claims.

Why Professional Legal Advice Matters

Land transactions involve far more than signing documents and making payment. Every property carries its own legal history, risks, and regulatory requirements. A qualified property lawyer conducts due diligence, prepares and reviews documentation, identifies potential legal issues, and ensures that every stage of the transaction complies with applicable law.

Obtaining legal advice before purchasing land can save buyers from costly mistakes, prolonged litigation, and avoidable financial losses.

Conclusion

Buying land is an investment that should never be approached casually. Taking the time to verify ownership, investigate title, confirm the property’s legal status, inspect survey details, and properly document and perfect the transaction can significantly reduce legal risks and protect your investment.

At Lexforte Attorneys, we provide comprehensive legal services for land and property transactions, including property due diligence, title verification, land documentation, Governor’s Consent applications, title perfection, and property dispute resolution. Whether you are purchasing your first plot of land or acquiring commercial real estate, our experienced lawyers are committed to ensuring that every transaction is legally secure and completed with confidence.

Need legal assistance with a land purchase? Contact Lexforte Attorneys today for professional advice and comprehensive property due diligence before you invest.