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

