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