Buying property in Nigeria is a major financial decision. Unfortunately, a property can appear genuine on the surface and still be affected by defective title, competing ownership claims, government acquisition, forged documents, undisclosed encumbrances or an unauthorised seller. A seller may show you a Certificate of Occupancy, Deed of Assignment, survey plan or other title document. The existence of a document, however, does not by itself establish that the seller has a valid and transferable interest in the property. The Court has emphasised that merely producing a document of title does not automatically establish ownership of land. The circumstances surrounding the title and the root of the interest being claimed remain important. This is why a buyer should investigate the property, the title, the seller and the transaction before paying the purchase price. What Does It Mean for a Property to Be Genuine? A property is not “genuine” merely because there is a building on it or because the seller possesses a document bearing an official-looking stamp. For a property transaction to be reasonably safe, the buyer should be able to establish that: the property actually exists as described; the person offering it for sale has a legitimate interest in it; the seller has authority to transfer that interest; the title documents are authentic; the documents correspond with the actual property; the property’s ownership history is capable of being established; there is no undisclosed competing claim that prevents the sale; the property is not affected by an undisclosed encumbrance; the property is not being sold by someone without authority; the transaction is not affected by fraud or forgery; and the buyer can properly acquire and perfect the interest being purchased. A proper investigation therefore goes beyond checking one document. How to Check Whether a Property Is Genuine Before Buying 1. Confirm the Identity of the Seller The first question should be: Who exactly is selling this property? Ask the seller to provide satisfactory identification and documents establishing their interest in the property. Where the seller claims to be the owner, compare their identity with the name appearing on the title documents. Where the seller’s name differs from the registered proprietor, do not assume that the difference is harmless. The seller should explain and establish the legal basis for the sale. For example, the seller could be: a subsequent purchaser; an administrator or executor of an estate; an attorney acting under a Power of Attorney; a company authorised to dispose of the property; a representative of a family or community; or another person deriving an interest from the registered owner. Each situation requires its own investigation. Why Seller Verification Matters One of the common forms of property fraud is a person presenting himself as the owner when he has no authority to sell the property. Even where the property exists and the documents look authentic, the transaction can still be unsafe if the person receiving your money is not legally entitled to sell. 2. Ask for the Complete Title Documents Do not rely on a single document supplied by the seller. Ask for the documents upon which the seller’s ownership or interest is based. Depending on the property, these may include: Certificate of Occupancy; Deed of Assignment; Deed of Lease; Governor’s Consent; registered survey plan; Gazette; allocation letter; previous title documents; purchase receipts; probate or letters of administration; court judgments or orders; and other documents forming part of the chain of title. The precise documents required will depend on the history and nature of the property. The important point is to understand how the seller acquired the property, not merely what document the seller currently possesses. 3. Verify the Title Documents Documents presented by a seller should be independently verified. Do not assume that a document is genuine simply because: it carries a government logo; it has a registration number; it contains official-looking stamps; the seller’s lawyer produced it; the seller says it was issued by the government; or another buyer previously relied on it. The relevant government records should be investigated where applicable. For example, Lagos State provides property-related services through its e-GIS platform, including property search and applications for Certified True Copies. Where a document is alleged to be registered, the buyer should investigate the relevant registry records and compare the information in those records with the document presented. 4. Conduct a Search at the Relevant Land Registry A property search is one of the most important stages of property due diligence. The purpose is to investigate the official records relating to the property and determine matters such as: the registered proprietor; the nature of the registered interest; previous transactions; registered encumbrances; mortgages or charges; assignments; restrictions; and other interests affecting the property. In Lagos, the relevant land records are maintained through the State’s land administration system, with online property-search services available through the Lagos e-GIS platform. However, a registry search should not be treated as the entire due-diligence exercise. A search result must be properly interpreted and compared with the seller’s documents and the physical property. 5. Trace the Root and Chain of Title One of the most important questions in a property transaction is: How did the seller acquire the property? If the seller acquired the property from another person, your lawyer should investigate that previous transaction. If the previous owner acquired it from another person, the investigation may need to go further. This is known as investigating the root and chain of title. The objective is to determine whether the seller’s interest can properly be traced to a person or entity with a legitimate interest capable of being transferred. A buyer should not assume that a recent Deed of Assignment automatically cures problems in an earlier title. The Court of Appeal has recognised that registration does not create an interest in land where no valid interest existed in the first place. This is an important principle when investigating property transactions. 6. Confirm That the Property Described in the Documents Is the Actual Property The documents