Buying property in Lagos is a significant financial decision. Whether you are purchasing land, a house, an apartment, or a commercial property, the wrong transaction can result in financial loss, litigation, demolition, or years of dispute over ownership. One of the most effective ways to protect yourself is to recognise the warning signs that often appear before a problematic property transaction is completed. A property may look attractive, have a seemingly reasonable price, and even come with documents that appear genuine. None of these factors, by themselves, establish that the property is safe to buy. Under Nigerian law, land transactions are subject to statutory requirements, including the applicable rules governing rights of occupancy and their alienation. For example, section 22 of the Land Use Act restricts the alienation of a statutory right of occupancy without the required consent of the Governor, while section 26 provides that transactions or instruments purporting to confer interests in land contrary to the Act are null and void. The following are some of the most important red flags property buyers should watch for before paying for property in Lagos. 1. The Seller Is Pressuring You to Pay Immediately Urgency is one of the most common warning signs in property transactions. A seller or agent who repeatedly insists that you must pay immediately because: another buyer is waiting; the price will increase tomorrow; the property will be sold if you do not pay that day; the owner is travelling; the offer is only available for a few hours; or you should pay a deposit before asking questions, is giving you a reason to slow down rather than speed up. A legitimate seller should understand that a serious buyer needs reasonable time to inspect the property, examine the documents and obtain independent legal advice. What to do: Do not allow a seller’s deadline to replace proper investigation. If necessary, lose the property rather than risk losing the purchase price. 2. The Price Is Far Below the Market Value An unusually cheap property is not automatically a bargain. A substantially below-market price can indicate a number of problems, including: defective title; government acquisition; an existing dispute; unpaid obligations; a seller who does not have authority to sell; a property already sold to another person; an urgent attempt to dispose of disputed property; or an attempt to attract buyers before the underlying problem is discovered. A low price should therefore trigger more investigation, not faster payment. Compare the asking price with similar properties in the same area and ask why the seller is willing to sell significantly below the prevailing market value. 3. The Seller Cannot Clearly Explain How They Acquired the Property A prospective buyer should be able to understand the seller’s root of title. If the seller cannot clearly explain: who originally owned the property; how the seller acquired it; when it was acquired; what document transferred the interest; whether the seller obtained the necessary approvals or consent; or how the seller’s name connects to the documents being presented, that is a serious warning sign. The problem becomes more significant where the seller simply says, “The documents are with my lawyer”, without providing a coherent explanation of the transaction. A buyer should not rely solely on the seller’s assertion that he or she is the owner. 4. The Seller Relies on a Certificate of Occupancy as the Only Proof of Ownership A Certificate of Occupancy is an important land document, but a buyer should not treat the mere existence of a C of O as conclusive proof that the transaction is safe. The Supreme Court has held that a Certificate of Occupancy issued under the Land Use Act is not necessarily conclusive evidence of valid title. It can be challenged where another person establishes a better existing right or title. This means that the appropriate question is not simply: “Does the seller have a C of O?” The more important questions include: What land does the C of O actually cover? Who was entitled to the land before the grant? Does the description correspond with the property being sold? Are there competing interests? Is there any government acquisition affecting the land? Are subsequent transactions properly documented? Has the seller obtained the necessary consent where required? A document must be examined in the context of the entire title history. 5. The Property Description Does Not Match the Physical Property Pay close attention to the property’s description. The survey plan, deed, title document and physical property should correspond in material respects. Warning signs include: different plot numbers; inconsistent dimensions; conflicting survey coordinates; different locations stated in different documents; boundaries that do not correspond with the documents; a seller showing you a different parcel from the one described in the documents; or uncertainty about the exact identity of the property. A buyer should never assume that a document belongs to a property merely because the seller says it does. The identity of the property must be properly established. 6. The Property Is Under Government Acquisition Government acquisition is a major issue that must be investigated before purchasing land in Lagos. The fact that land is physically vacant or that people are already living or building around it does not, by itself, establish that the land is free from acquisition. The Land Use Act gives government powers relating to the control and management of land and permits revocation of rights of occupancy for overriding public interest in circumstances recognised by the Act. A buyer should therefore investigate the property’s status rather than rely on statements such as: “Everybody around here has bought land.” or: “There is already a building beside it, so it is definitely safe.” What to do: Obtain an appropriate official search and investigate acquisition, excision, allocation and other relevant government records before committing substantial funds. 7. The Seller Says “The Governor’s Consent Is Not Important” This statement should immediately attract caution where the transaction involves a statutory right of occupancy. Section 22 of the Land Use Act generally
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