A Certificate of Occupancy (C of O) is one of the most important documents encountered in Nigerian land transactions. It is often presented to prospective buyers as evidence that a property is genuine and safe to purchase. However, a Certificate of Occupancy should not be accepted at face value. A document can appear genuine and still require further investigation into the identity of the holder, the property it covers, the root of title, the status of the land and any interests or encumbrances affecting it. Before buying land or property, a buyer should therefore independently verify the Certificate of Occupancy and the title upon which the seller relies. What Is a Certificate of Occupancy? A Certificate of Occupancy is a document evidencing a grant or recognition of a right of occupancy over land under the applicable land administration system. Under the Land Use Act, land in each state is vested in the Governor to be held in trust and administered for the use and common benefit of Nigerians, subject to the provisions of the Act. The Act provides for statutory rights of occupancy and customary rights of occupancy, depending on the circumstances and location of the land. A C of O therefore relates to a right of occupancy. It should not automatically be understood as an absolute and indefeasible guarantee that the person presenting it has an unchallengeable title to the land. Does a Certificate of Occupancy Prove Ownership? Not necessarily. A C of O is important evidence concerning a person’s interest in land, but a buyer should still investigate the history of the title and the circumstances in which the document was issued. The Supreme Court has repeatedly emphasised the importance of examining the root and validity of title in land disputes. The legal effect of a particular C of O also depends on the circumstances surrounding its issuance and the competing interests, if any, affecting the land. This is why a buyer should not make the mistake of saying: “The seller has a C of O, so there is nothing else to check.” The existence of a C of O is a reason to conduct proper verification, not a reason to stop conducting due diligence. Why Should You Verify a Certificate of Occupancy? Verification helps establish whether: The C of O was actually issued by the relevant authority; The document corresponds with the property being sold; The named holder is the person claiming ownership or the right to sell; The property description corresponds with official records; The land is affected by an earlier interest or transaction; There are registered encumbrances affecting the property; The land is affected by government acquisition or other restrictions; The purported title is genuine; and The seller has the legal authority to transfer the interest. A buyer who skips these checks can discover serious problems only after completing the transaction. How to Verify a Certificate of Occupancy in Nigeria The precise procedure depends on the state in which the property is located because land administration is handled through the relevant state authorities. However, the following steps provide a practical framework. 1. Obtain a Clear Copy of the Certificate of Occupancy Start by obtaining a complete and legible copy of the C of O from the seller. Do not rely solely on photographs, screenshots or verbal descriptions. The document should be examined carefully for the information necessary to identify the property and the holder of the interest. Pay particular attention to: Name of the holder; File or registration number; Date of issue; Plot number; Block number where applicable; Location; Size or area; Survey information; Term of the right of occupancy; Conditions attached to the grant; and Other identifying particulars. These details should subsequently be compared against official records. 2. Conduct an Official Search The most important step is to conduct an independent search with the relevant land registry or land administration authority. A search can help determine whether the C of O appears in the official records and whether the information contained in the document corresponds with those records. In Lagos, for example, property-related searches and land administration services are handled through the state’s land administration system. A buyer should use the appropriate official channel rather than relying on a seller’s private verification or an agent’s assurance. 3. Compare the C of O With Official Records The information contained in the document should be compared against the information held by the relevant authority. Check whether: The document number corresponds with official records; The named holder matches the registered interest; The property description matches; The location corresponds; The survey information corresponds; and The dates and other relevant particulars are consistent. Any material inconsistency should be investigated before the transaction proceeds. 4. Verify the Survey Information The survey details on the C of O should correspond with the land being offered for sale. This is particularly important where a seller is showing a buyer a physical parcel of land while relying on a C of O relating to another property. A survey professional can assist in confirming the location and coordinates of the property. Where necessary, the relevant survey records should also be checked with the appropriate government authority. 5. Confirm the Identity of the Holder The name on the C of O should be compared with the person claiming to own the property. If the seller’s name differs from the name on the C of O, the seller should explain the legal basis for the transaction. For example, the seller could be relying on: A Deed of Assignment; A subsequent transfer; A Power of Attorney; Probate or Letters of Administration; A corporate transaction; or Another legally recognised interest. The buyer should verify the entire chain rather than simply accepting the explanation. 6. Investigate the Root of Title A C of O does not eliminate the need to investigate the root of title. Where the property was previously owned or held by another person, the documents establishing the transfer or derivation of the present interest should