How to Avoid Property Scams When Investing in Lagos from Overseas
Introduction
From London to Houston, Toronto to Dubai, Nigerians in the diaspora are allocating capital back home—especially into Lagos real estate. The upside is clear; the downside, brutal: forgeries, double sales, land-grab syndicates, “mother C of O” myths, pipeline/ROW encroachments, and off-plan vanishing acts. The common denominator in almost every loss is the same: money moved before the file was bankable.
This practical, counsel-grade guide shows you exactly how to structure a Lagos purchase from abroad so scammers can’t touch your money. You’ll learn the non-negotiable verifications, the escrow mechanics, the contract clauses that keep your funds safe, how to use a specific Power of Attorney (PoA) without losing control, and the red-flag scripts scammers use—plus the correct response to each.
Doctrine: Never pay for land—pay through escrow, against documentary deliverables that a bank would accept today.
Part I — The Four Pillars of a Scam-Proof Deal
Paper Truth (Verification):
Independent Land Registry searches, OSG charting using soft coordinates (CSV/DXF), CTCs of the root/chain, and seller capacity proofs.Contract Truth (Allocation of Risk):
Heads of Terms and a robust Contract of Sale with Conditions Precedent, escrow, long-stop date, retention, and warranties/indemnities.Money Truth (Escrow Discipline):
Funds sit with a bank or law-firm escrow; releases occur only when documentary triggers are produced (Search → Execution & Stamp → Consent → Registration).Execution Truth (Names & Coordinates):
Name/description hygiene across all documents; the registered survey’s coordinates must chart clean; the same spellings and TINs must appear end-to-end.
Part II — The Scam Landscape (Know the Plays)
“Mother Title” Mirage: Estate waves a mother C of O, but your own Deed of Assignment/Sublease is never consented or registered.
“Consent in Process” Pressure: Seller demands full payment while promising Consent later—without escrow, CPs, or long-stop.
Survey Sleight-of-Hand: Pretty plan, no soft coordinates, uncharted, or overlapping earlier filings; sometimes the parcel sits in pipeline/drainage/road ROW.
Double Sale / Phantom Seller: Agent is not the lawful grantor; the community authority or company board is missing.
Off-Plan Disappearing Act: Deposits paid to developer’s operating account; no escrow, no construction escrow milestones, and no title deliverables.
Corporate Encumbrance: Property is charged to a lender; seller pockets your money without a Deed of Release ever being filed.
Counter-move: Escrow + CPs + Long-Stop. If they refuse, you walk.
Part III — Non-Negotiable Verifications (Before Any Money Moves)
3.1 Title Chain & Registry
CTCs (Certified True Copies) of the root (C of O/Allocation/Court Vesting) and every link to seller.
Searches at the Lagos Lands Registry: proprietor, encumbrances/charges, cautions, pending entries, prior Consents.
3.2 Survey & OSG Charting
Registered Survey Plan (hard copy) plus soft-copy coordinates (CSV/DXF).
Chart with the Office of the Surveyor-General (OSG) against acquisition/committed areas, pipelines/power lines, coastal/drainage setbacks, road ROW, and overlaps. Obtain written charting.
3.3 Capacity & Authority
Individuals: Valid ID; proof of ownership; spousal consent where relevant.
Companies: CAC status printout, board resolution, officer IDs, and discharge of any prior charge.
Communities/Families (Excision/Gazette areas): Recognised grantors, community resolution/authority, and track record of consented, registered sales.
3.4 Fiscal Standing
Land Use Charge status; ground rent/land charges; estate no-arrears letters if buying in a scheme.
If any of the above is “not available,” pause. If seller pushes payment regardless, walk.
Part IV — The Diaspora-Safe Contract (How to Put Teeth in Paper)
4.1 Heads of Terms (HoT)
Exclusivity period; data-room access.
Escrow for deposit and balance.
Conditions Precedent (CPs): OSG charting clean; CTCs of root/chain; discharge of any charge; delivery of originals at completion.
Long-Stop Date and automatic refund mechanics.
4.2 Contract of Sale — Clauses to Lift
(A) Consent & Registration CP
“Completion is conditional upon issuance of 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.”
(B) OSG Charting CP
“Completion is conditional upon an OSG charting report confirming the Property lies outside acquisition/committed areas, rights-of-way, pipelines, and coastal/drainage setbacks and is free of overlap.”
(C) Escrow & Release Triggers
“All sums shall be paid into Escrow and released only upon delivery of the documentary evidence in Schedule 2 corresponding to each milestone.”
(D) Long-Stop & Refund
“If any Release Condition remains unsatisfied by the Long-Stop Date, the Buyer may rescind; the Escrow Agent shall refund all un-released funds within five (5) business days.”
(E) Warranties/Indemnities
Title, capacity, no undisclosed encumbrances, accurate survey inside polygon (if excised land), and indemnity for losses from breach.
Part V — Money That Scammers Can’t Steal (Escrow Mechanics)
5.1 Who Holds the Money?
Bank escrow or reputable law-firm client/escrow account with written policy. Never personal accounts.
5.2 Sample Release Schedule (adapt to your deal)
10%—Deposit: Released on clean OSG charting + CTCs of root/chain and clean Registry search.
30%—Execution & Stamp: Released after properly executed Deed of Assignment/Lease (survey annexed) and stamping receipts.
40%—Consent: Released on Governor’s Consent endorsement to your deed.
20%—Registration & Discharge: Released on registration particulars + CTCs + Discharge of any charge reflected on the register.
5.3 Evidence Trail (for banks, auditors, resale)
SWIFT/MT103, bank credit advices, FX memos, escrow receipts, and a reconciliation sheet tying each payment to milestones.
Rule: Your funds move last, not first—and only when the paper proves the risk is dead.
Part VI — Off-Plan Purchases Without Tears
Developer KYC: track record of completed, titled projects (ask for CTCs); audited financials; construction lender (if any).
Dual Milestones: Release must be tied to title deliverables and construction milestones (independent engineer’s report).
Defects & Delivery: Keep a retention until keys, defect list, estate onboarding, and service-charge constitution are delivered.
No “developer escrow” that they control. Use independent escrow.
Part VII — Excision, Gazette & “Mother C of O” (Don’t Get Tricked)
Excision/Gazette prove where communities can sell—not your title.
Your own Deed of Assignment/Sublease must be Consented and Registered, anchored by an OSG-clean survey inside the polygon.
A “mother C of O” for an estate is not your consent; it is root. Your deed must still pass Consent → Registration.
Part VIII — Using Power of Attorney (PoA) Without Losing Control
Specific PoA limited to the property and matter; duration 6–12 months; notarised/consular as required.
PoA cannot authorise anyone to divert funds; all releases must be through escrow against documentary triggers.
Keep a signed Deed of Revocation template ready; notify counterparties if you revoke.
Part IX — Names, Numbers, Coordinates (Where Scams Reveal Themselves)
The same full names (spelling, initials), addresses, TINs, and company numbers must appear across: searches, survey, deed, consent pack, and registry forms.
Survey plan must be the registered one, annexed to your deed; the soft coordinates lodged for OSG charting must match the annexed plan.
If any detail is “almost correct,” it is wrong—fix before money moves.
Part X — Red-Flag Scripts & Your Correct Response
“We can’t do OSG charting; it takes time.”
→ Response: “Charting is a Condition Precedent. Deposit sits in escrow until the clean report arrives.”“Consent is in process—just pay balance.”
→ Response: “No release until Governor’s Consent is endorsed; that’s in Schedule 2 of the contract.”“The estate’s mother C of O covers everyone.”
→ Response: “Our personal deed must be consented and registered. Escrow releases on Consent and Registration only.”“Pay into my other account; we changed banks.”
→ Response: “We only pay to the named escrow. Any account change must be confirmed by phone using a known number and a written escrow addendum.”“Soft coordinates are not necessary.”
→ Response: “OSG charting requires soft files. Until then, no deposit leaves escrow.”“We will discharge the bank charge after you pay.”
→ Response: “Escrow pays bank directly for Deed of Release; retention held until register reflects discharge.”
Part XI — Frequently Asked Questions (Concise Counsel)
Q1: Can registration cure a missing Governor’s Consent?
A: No. Proper, bankable sequence: Stamp → Consent → Register.
Q2: My cousin inspected the land; is that enough?
A: No. You need OSG charting, Registry searches, CTCs, and escrowed contracting.
Q3: Are leases safer than assignments?
A: Not inherently. Leases still require Consent/Registration and can be abused without escrow and CPs.
Q4: Can I pay in small tranches outside escrow?
A: Don’t. Every Naira goes through escrow with documentary release triggers.
Q5: Developer offered “internal escrow.”
A: Use independent bank/law-firm escrow. Never an account the seller controls.
Part XII — One-Page Diaspora Anti-Scam Checklist (Print & Carry)
Retain counsel; set up bank/law-firm escrow (written agreement)
CTCs of root and chain; Lands Registry search (encumbrances/cautions)
Registered Survey (hard) + soft coordinates; OSG charting clean
Capacity proofs (IDs, board resolution; community authority if applicable)
HoT with escrow, CPs, long-stop, originals on completion
Contract of Sale with Consent/Registration CPs, warranties/indemnities
Release schedule: Search/Charting → Execute & Stamp → Consent → Registration (+ Discharge)
No payment outside escrow; verify bank details by voice
Evidence pack: SWIFT/MT103, credit advices, FX memos, escrow receipts, stamping/consent/registration receipts & CTCs
Completion binder and inventory of originals; diary LUC/ground rent
Conclusion
Scammers thrive on urgency, opacity, and flattery. Your shield is a process: independent verification (OSG charting + Registry CTCs), escrowed money with documentary triggers, and contracts that turn promises into enforceable duties with long-stop refunds. Run your Lagos investment like a bank would—and you’ll keep your capital while capturing the upside.
Call to Action
Investing in Lagos from abroad and want a zero-drama, bank-standard execution?
Retain Chaman Law Firm to design your anti-scam architecture: independent searches & OSG charting, escrow schedules, iron-clad contracts, Stamp Duties, Governor’s Consent, and registration—delivered as a finance-grade completion pack lenders and courts respect.