A Step-by-Step Guide for Nigerians in the Diaspora to Buy Land Safely in Lagos
Introduction
If you live in the UK, US, Canada, Europe, the Middle East, or anywhere in the world and wish to secure future value at home, buying land in Lagos is often the first move. But Lagos is a documentation-driven market, not a handshake market. A deal is not “safe” because a relative inspected the site or because a seller appears reputable. It is safe when the coordinates, title, contracts, consent, stamping, and registration would pass a bank’s risk committee today and a court’s scrutiny tomorrow.
This step-by-step, counsel-grade guide walks diaspora Nigerians through the entire process—from pre-bid intelligence to post-completion aftercare—so you can buy once, and sleep. You’ll learn how to verify land, structure payments through escrow, avoid red flags, and perfect your title (Stamp Duties → Governor’s Consent → Registration). I’ve included checklists, sample clauses, practical timelines, and a diaspora-focused execution plan (including power of attorney and trusted representation) that keeps your money covered while you’re abroad.
Doctrine: Never pay for land—pay for bankable, consented, and registered rights anchored by an OSG-clean survey.
The Lagos “Perfection Triad”—What Makes a File Bankable
Stamp Duties — pay ad valorem duty on your instrument.
Governor’s Consent — obtain consent to your Deed of Assignment/Lease/Sublease/Mortgage (derivative transfer).
Registration — lodge the stamped, consented deed at the Lagos State Lands Registry and obtain registration particulars (folio/e-folio).
If any link is missing, the chain is weak—lenders won’t touch it; sophisticated buyers will discount or walk.
Part 1 — Diaspora Buyer Strategy (Before You Even Pick a Plot)
1.1 Set Your Investment Thesis
Purpose: Land banking? Future home? Development? Collateral? Rental income?
Horizon: 3–5 years (flip), 5–10 (hold), 10+ (legacy).
Risk appetite: Prime corridors (Ikoyi/VI/Oniru/Lekki I) vs. growth corridors (Ibeju-Lekki/Epe/Badagry) vs. mainland nodes (Ikeja/Alimosho).
Budget band: Include perfection costs (plan 4%–9% of price for Stamp + Consent + Registration + searches/charting + professional execution).
1.2 Build a Professional Spine
Buyer’s Counsel (Lagos) — your risk manager (due diligence, contracts, perfection).
Registered Surveyor — field truth and OSG charting.
Escrow Bank/Law-Firm Escrow — custody of funds pending deliverables.
Optional: Valuer (for price sanity), Engineer/Planner (if development), Tax Adviser (if using SPVs).
1.3 Decide Your Buying Vehicle
Personal name (simpler, estate planning later), or
Nigerian SPV (Ltd/LLC) for governance, financing, JV readiness, and asset segregation.
Diaspora angle: A Nigeria SPV with you as shareholder can smooth local execution and later financing.
Part 2 — How to Source and Screen Plots (Without Leaving Your Desk)
2.1 The “Paper Before Plot” Rule
Ask for documents up front (scans are fine; originals at completion):
Root of Title (C of O / Allocation / Court Vesting / Governor’s Consent to prior assignment).
Chain of Title (all assignments/consents down to seller).
Survey Plan (registered hard copy + soft-copy coordinates in CSV/DXF).
Fiscal (Land Use Charge, ground rent/land charges; no-arrears letters if in an estate).
Capacity (company CAC status + board resolution; individual IDs; Power of Attorney if an agent).
Estate Documents (approved layout, constitution, service-charge framework, if applicable).
2.2 Run Proper Searches (Your Counsel Coordinates)
Lagos State Lands Registry: proprietor, encumbrances (mortgages/charges), cautions, pending entries, prior consents.
OSG Charting (non-negotiable): Chart soft coordinates against acquisition/committed areas, rights-of-way, pipelines/power lines, coastal/drainage setbacks, and overlaps. Get written charting.
Court Sweep: High/Customary Court for lis pendens.
CAC Search (if corporate seller): charges/debentures; ensure discharge filed if paid off.
2.3 Site Reconnaissance (via Your Surveyor/Engineer)
Re-peg beacons and photograph them; confirm access, topography, flood paths, and encroachments.
Avoid parcels sitting in setbacks or ROW—consent will not sanitize them.
Walk-away triggers: Seller resists OSG charting or Registry searches; survey soft files “unavailable”; insists on full payment before escrow/CPs.
Part 3 — The Diaspora-Friendly Contract Architecture
3.1 Heads of Terms (HoT) — Lock the Frame
Exclusivity window; data-room access.
Escrow for deposit (law-firm/bank).
Conditions Precedent (CPs):
OSG charting clean,
CTCs (Certified True Copies) of root/chain,
Discharge of any charge/mortgage (with filing evidence),
Delivery of originals at completion.
Long-Stop Date & refund mechanics.
Price allocation by cost category (who pays Stamp, Consent, Registration, searches, etc.).
3.2 Contract of Sale — Indemnities and Discipline
Key clauses your counsel must insist on:
Precise description (annex the registered survey as Schedule).
Warranties: good title; authority; chain continuity; no undisclosed encumbrances; planning compliance; fiscal standing.
Indemnities: title defects, encumbrances, third-party claims.
Escrow mechanics: staged releases strictly upon documentary satisfaction of CPs.
Retention/Holdback: % of price held until Governor’s Consent and registration particulars are produced.
Completion against originals only.
3.3 Payment Protection (From Abroad)
Escrow only. Never wire directly to a seller’s personal account.
Two to four milestones tied to CPs and deliverables.
No-later-than clauses: after the Long-Stop Date, your refund triggers automatically.
Part 4 — Drafting the Deed of Assignment (or Lease/Sublease) the Right Way
4.1 Core Anatomy
Parties & Recitals (identify assignor/assignee; narrate root and chain accurately).
Operative Clause (assign all estate and interest).
Consideration (price and receipt clause; note escrow).
Covenants for Title (good right to assign; free from undisclosed encumbrances; further assurances).
Habendum (the residue of the term).
Schedule & Plan (annex the registered survey with beacon list).
Execution & Attestation (correct individual/corporate blocks, seals, witness lines).
4.2 If You’re Abroad — Execution Solutions
Power of Attorney (PoA) authorizing a trusted person to sign on your behalf; ensure it is stamped and, where appropriate, registrable.
Consular/Notary notarization when signing outside Nigeria (as required).
Board Resolution if using a Nigeria SPV.
Part 5 — The Perfection Triad in Practice (How to Get to “Bankable”)
5.1 Stamp Duties
Pay promptly (best practice: within 30 days of execution). Late stamping attracts penalties. Keep endorsement and receipts.
5.2 Governor’s Consent (to Your Deed)
Application pack usually includes: executed deed; KYC (IDs/TINs, CAC status, board resolution); survey (hard + soft) & OSG charting evidence; Registry search; proof of consideration (escrow letter/acknowledgement); LUC/ground rent status. Ensure names & descriptions match across documents.
5.3 Registration (Lagos State Lands Registry)
File the stamped, consented deed; obtain registration particulars (folio/e-folio). Order CTCs for your finance file.
Golden Rules: Consent does not replace registration; registration does not cure lack of Consent. Both are required—and the deed must be stamped.
Part 6 — Special Lagos Realities Diaspora Buyers Must Master
6.1 Excision & Gazette (Boundary Truth, Not Title)
Excision/Gazette identify where communities can lawfully alienate. Your title still comes from a derivative deed + Consent + Registration, anchored by OSG-charted coordinates inside the excised polygon.
6.2 Estate Schemes & “Mother” C of O
A reputable estate’s mother title does not substitute for your personal Consent and Registration. Your deed must be perfected.
6.3 Setbacks, Pipelines, Rights-of-Way
Consent will not sanitize construction inside drainage/pipeline/coastal setbacks or road ROWs. If charting says no, redesign or walk.
6.4 Mortgaged Chains
If a charge exists, require a Deed of Release/Discharge and evidence on the register before completion; keep a retention until the register is updated.
Part 7 — Diaspora Execution Toolkit (So Distance Never Becomes a Risk)
Power of Attorney (PoA) — narrowly drafted, matter-specific, revocable after completion.
Escrow Agreement — Nigerian bank/law-firm escrow with clear release triggers (CPs and deliverables).
Secure Data Room — single source of truth for surveys, searches, receipts, names, addresses, TINs, resolutions.
Two Contacts Rule — one deal captain in Lagos + one diaspora liaison (you or your trusted proxy).
Digital Diaries — stamping, consent queries, registry lodgements, fee receipts, long-stop.
Part 8 — Red Flags (Terminate or Restructure with Heavy Protections)
Seller resists OSG charting, Registry searches, or escrow.
Uncharted survey; beacons missing; soft coordinates “not available.”
“Registration is enough; Consent can come later.” (No.)
Estate lacks approved layout, engineered drainage, or audited service-charge regime.
Demand for full payment while “Consent is in process” and refusal of CPs/long-stop/retention.
Part 9 — Model Clauses (You or Your Counsel Can Lift)
9.1 Conditions Precedent (Consent & Registration)
“Completion is conditional upon Buyer’s Counsel receiving Governor’s Consent to the Deed of Assignment in favour of Buyer, evidence of stamping, and registration particulars issued by the Lagos State Lands Registry.”
9.2 OSG Charting & Planning
“Completion is conditional upon an OSG charting report confirming that the Property lies outside acquisition/committed areas, rights-of-way, pipelines, and coastal/drainage setbacks and is free of overlap.”
9.3 Discharge of Mortgage/Charge
“Vendor shall procure and file a Deed of Release/Discharge for any existing mortgage/charge; ₦… (or …%) shall be retained in escrow until the register reflects discharge.”
9.4 Escrow, Long-Stop & Refund
“All monies shall be held in escrow and released only upon written confirmation that all Conditions Precedent and Completion Deliverables are satisfied. If unsatisfied by the Long-Stop Date, Buyer may rescind and receive a full refund within five (5) business days.”
Part 10 — Costing & Budgeting (So You’re Never Surprised)
Core government heads (Stamp + Consent + Registration + charting/search/CTCs): plan ≈ 3%–6% of price.
Professional & execution (legal + survey + logistics): plan ≈ 1%–3%.
Grand planning range: ≈ 4%–9% for a straightforward file.
Add contingency for waterfront/ROW adjacency, historic cures, accelerated delivery.
Contract tip: Allocate costs by category (buyer vs. seller) in the HoT/Contract of Sale; don’t rely on anecdotes.
Part 11 — Frequently Asked Questions (Diaspora Edition)
Q1: Can I register first and get Consent later?
A: No. The enforceable, finance-grade sequence is Stamp → Consent → Register.
Q2: My seller’s estate has a mother C of O; do I still need Consent?
A: Yes. Consent must attach to your derivative instrument (assignment/lease/sublease/mortgage).
Q3: Can I rely only on an old survey?
A: Only if it charts clean today. File soft coordinates with OSG; obtain written charting confirmation.
Q4: I’m abroad—how do I sign?
A: Use a narrow PoA, or sign abroad with notarization/consular where required; ensure all names and addresses match across documents.
Q5: What if a prior link in the chain lacks Consent?
A: Make issuance of that historic Consent a Condition Precedent; don’t proceed until the chain is clean.
Q6: Will Consent make a setback or pipeline encroachment legal?
A: No. That’s a planning/ROW issue; redesign or walk.
Part 12 — One-Page Diaspora Buyer Checklist (Print & Carry)
Investment thesis clear (purpose, horizon, corridor, budget with perfection costs)
Counsel + Surveyor + Escrow appointed; data room created
Document pack received (root/chain, surveys soft+hard, fiscal, capacity)
Registry search clean; CTCs ordered
OSG charting clean (no acquisition/ROW/pipeline/coastal/drainage/overlap)
HoT signed: escrow, CPs, long-stop, cost allocation
Contract of Sale executed with warranties, indemnities, escrow, retention
Deed of Assignment drafted perfection-ready; survey annexed
Stamp Duties paid; endorsements & receipts on file
Governor’s Consent endorsed to your deed
Registration completed; particulars issued; CTCs collected
Aftercare: insurance, estate onboarding, Land Use Charge diary, digital vault of notarized scans; originals fire-safe
Conclusion
Lagos rewards discipline. If you’re in the diaspora, your advantage is not proximity—it’s process. Insist on OSG-charted coordinates, escrowed contracts with Conditions Precedent, and the full Perfection Triad. Treat every receipt, consent, and registration particular as if a bank will review them tomorrow—because one day, a bank will. Buy once, sleep.
Call to Action
Planning to acquire land in Lagos from abroad and want it perfected—without stress?
Engage Chaman Law Firm to run your transaction end-to-end: due diligence, survey & OSG charting, escrowed contracting, Stamp Duties, Governor’s Consent, registration, and delivery of a finance-grade completion pack ready for lenders and resale.
