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
How to Conduct Property Due Diligence Before Buying Property in Lagos
Buying property in Lagos is a major financial decision. Whether you are purchasing land, a house, an apartment, or commercial property, the fact that a seller possesses documents relating to the property does not, by itself, mean that the seller has a valid and transferable title. A property may be subject to government acquisition, an existing mortgage, litigation, family claims, competing interests, restrictions on transfer, or other legal issues that may not be apparent from the property itself. This is why property due diligence in Nigeria should be undertaken before paying the purchase price or committing substantial funds to a transaction. Proper due diligence helps a prospective buyer establish who owns the property, the nature of the seller’s interest, whether the title is genuine and transferable, whether the property is affected by government acquisition or other encumbrances, and whether there are legal or practical obstacles to completing the transaction. What Is Property Due Diligence? Property due diligence is the process of investigating the ownership, title, history, legal status and other relevant circumstances surrounding a property before purchasing it. The purpose is not merely to determine whether the seller has a document. It is to establish whether the seller has good and marketable title and whether the buyer can safely acquire the interest being offered. Depending on the property, due diligence may involve: examining title documents; conducting searches at relevant government registries; investigating previous transfers of the property; confirming the identity and capacity of the seller; checking for mortgages, charges and other encumbrances; investigating pending or threatened litigation; determining whether the property is affected by government acquisition; inspecting the physical property; confirming that the property being sold corresponds with the documents; and reviewing the proposed contract and transaction documents. Why Is Property Due Diligence Important in Lagos? Lagos has a highly active property market, but property transactions can involve complicated chains of title and competing interests. A buyer may encounter situations where: the person presenting the property is not the true owner; a property has been sold to more than one person; a family member purports to sell family property without the necessary authority; a property is subject to a mortgage or other encumbrance; the property is affected by government acquisition; the seller’s title is defective; the property is already the subject of litigation; the dimensions or location of the property do not correspond with the documents; the seller lacks authority to sell; or the transaction documents contain terms that expose the buyer to unnecessary risk. These problems can be extremely expensive to resolve after completion. The safest time to discover a title problem is before you buy the property. 1. Identify the Seller and Confirm Their Capacity to Sell The first question should be: Who exactly is selling this property, and what gives that person the authority to sell it? If the property belongs to an individual, the buyer should verify the seller’s identity and examine the documents establishing the seller’s interest. If the property is owned by a company, the company’s ownership and authority to dispose of the property should be investigated. If the property belongs to a deceased person’s estate, the buyer should determine who has the legal authority to deal with the property. Family property requires particular caution. A person who claims to be the family head or a family representative may not necessarily have unlimited authority to dispose of family land. The buyer should therefore investigate the ownership structure rather than relying solely on the seller’s representation. 2. Examine the Root of Title A critical part of property due diligence is identifying the root of title. The root of title is the document or transaction from which the seller’s interest can be traced. Depending on the circumstances, relevant documents may include: a Deed of Assignment; Certificate of Occupancy; Governor’s Consent; Deed of Conveyance; grant or allocation documents; court judgment; vesting assent; probate or letters of administration; customary documents; or other documents establishing the history of the property. A buyer should not simply look at the latest document. The history of the title may reveal defects or competing interests. For example, if A transferred the property to B and B is now selling to C, it may be necessary to investigate how A acquired the property in the first place. A defective root of title can affect subsequent transactions. 3. Conduct an Official Search One of the most important stages of property due diligence is conducting an appropriate search at the relevant land registry. For property in Lagos, a legal practitioner can conduct the necessary searches and examine the records available from the relevant authorities. The purpose of the search is to establish matters such as: whether the title exists in the relevant records; the registered owner or holder of the interest; the nature of the interest; whether the property has been transferred; whether there are registered encumbrances; whether there is a mortgage or charge; whether there are restrictions affecting the property; and other matters disclosed by the registry records. A search should be carried out before substantial payment is made, rather than after the transaction has already been completed. 4. Investigate Government Acquisition A property may appear perfectly normal on physical inspection and still be affected by government acquisition. This is particularly important in Lagos, where land may be affected by various government schemes, infrastructure projects, committed acquisitions or other planning considerations. A buyer should therefore investigate whether the property falls within an area affected by government acquisition or other restrictions. This is one reason why merely asking the seller for a Certificate of Occupancy is insufficient. The legal status of the particular property must be independently investigated. 5. Compare the Documents With the Physical Property Legal due diligence should not be conducted entirely from a desk. The property should also be physically inspected. The buyer should compare the description contained in the title documents with the actual property. Among other things, the investigation should consider: location; boundaries; dimensions; access; adjoining properties; existing structures; occupation;