Can a Foreigner Buy Property in Ogun State?
Introduction
Buying property is one of the most significant investments anyone can make. For foreigners interested in owning land or real estate in Nigeria, many questions arise: Is it legal? What limitations apply? What process must one follow?
In particular, Ogun State — one of Nigeria’s dynamic, economically vibrant states in the Southwest — is a region of interest: industrial zones, agriculture, proximity to Lagos, tourism, and fast‐growing urban areas. This makes it attractive to local and foreign investors alike.
This article aims to provide a very detailed view of whether a foreigner can buy property in Ogun State, what the law says, what practical steps to take, the risks involved, and useful tips. At the end of this article, you’ll find a call to action with what you can do to proceed safely.
Legal and Regulatory Foundations in Nigeria
Before looking specifically at Ogun State, one needs to understand the federal legal framework that applies to all states.
Land Use Act 1978
The Land Use Act of 1978 is the central piece of legislation that regulates land ownership, use, management and allocation in Nigeria. Under this Act, all land in each state is vested in the Governor of that state, who holds it in trust for the people of the state. Brick & Click Realty+3MakeMoney.ng+3Private Property Nigeria+3
What this means practically is that individuals or entities do not own land in the sense of absolute, freehold ownership (especially as in some other jurisdictions), but rather hold rights of occupancy. iDeemlawful+2MakeMoney.ng+2
The Act also provides the Governor with powers around allocation, granting of rights of occupancy, issuance of certificates of occupancy (C of O), and more importantly for transfers/assignments, requiring Governor’s Consent before certain deeds (assignment, mortgage, transfer etc.) are valid. Bamboo Routes+3chamanlawfirm.com+3iDeemlawful+3
Acquisition of Lands by Aliens Laws (in various states)
Many Nigerian states have laws known as Acquisition of Lands by Aliens (or similar names) which restrict certain land/land‐interest transactions involving foreigners (sometimes called “aliens”). These are state‐specific, and their provisions vary. Nigerian Journals Online+3chamanlawfirm.com+3Bamboo Routes+3
Key restrictions often include: no acquisition of land or interest from Nigerian citizens unless written approval by Governor; restrictions on transfers without Governor’s consent; limitation of lease term; etc. Mondaq+2Bamboo Routes+2
What Rights Foreigners Typically Have
From the above legislation, foreigners:
Can acquire land interests via leasehold (or right of occupancy), not absolute freehold. Bamboo Routes+2Private Property Nigeria+2
Must obtain Governor’s Consent (written) for the purchase, particularly when the land or interest is being acquired from a citizen, or when the transaction involves long‐term leases or transfer of existing rights. chamanlawfirm.com+2Mondaq+2
May encounter limitations on the maximum lease term (often 25 years for individual foreigners in many states; companies may have longer in some jurisdictions) depending on the law of the state. Bamboo Routes+2MakeMoney.ng+2
Constitutional and Other Considerations
There are constitutional provisions about acquisition and ownership of property for Nigerians. Foreigners are not entirely excluded under constitutional law but are regulated via statutory laws and state laws. Nigerian Journals Online+1
Also, there are regulations around documentation, title verification, registration, etc. Fraud, land disputes, double sales, “omo onile” practices and customary land ownership issues are widespread challenges. pwandominion.ng+3The Africanvestor+3chamanlawfirm.com+3
Ogun State Specifics
Now, turning our attention to Ogun State, what do we know from recent laws, announcements, and practices that are relevant to foreigners seeking to buy property there?
Relevant Ogun State Laws & Policies
Land Use & Amenities Charge Law (Ogun State)
Ogun State has a Land Use & Amenities Charge (LUAC) Law (2013) which harmonizes various land‐based rates, ground rent, neighborhood improvement charges etc. portal.luac.ogunstate.gov.ng+1
Although this doesn’t necessarily govern foreign ownership directly, it’s part of the fiscal regulatory setting for land/property held in Ogun State. Foreign or local owners pay these charges. portal.luac.ogunstate.gov.ng+1
Anti‑Land Grabbing Law (Prohibition of Forcible Occupation of Landed Properties Law, 2016)
Also sometimes referred to as Ogun State’s “Anti‑Land Grabbing Law,” enacted to punish forcible occupation / violent takeover of land (“Omo Onile” activities). Land Portal+1
Such laws are relevant because foreigners must be sure their purchase is not in breach of rights, that the seller has valid title, that the land is not being disputed, and that transfer is done through due process. These laws affect who is legally recognized as holding or occupying land.
Enforcement & Oversight
Ogun State has made public statements warning people (citizens or foreigners) to avoid land speculators, to ensure due process, and to verify title before purchase. The Governor+2Ogun State Television+2
The Bureau of Lands & Survey is the state agency often in charge of verifying land status, giving approvals, documentations. The Governor+1
How Ogun State Practice Reflects Federal Laws
In Ogun State, like in other states, Governor’s Consent is required for certain land transactions: transfers, assignments, leases beyond certain period, etc. Ogun follows the general principles of Land Use Act (Sec. 22), which mandates that no holder of statutory Right of Occupancy may alienate, assign, mortgage, sub‐lease etc., without first obtaining Governor’s Consent. pwandominion.ng+2chamanlawfirm.com+2
Ogun State has not (as per reviewed sources) published a state‐specific “Acquisition of Lands by Aliens Law” with fully detailed exemptions or lease‑terms for foreigners that are different from the standard federal and state framework (but that doesn’t mean none exist; sometimes less publicized state instruments or administrative regulations apply).
Practical Implications for Foreigners in Ogun State
Putting together the federal law, Ogun State’s laws, and recent practice, a foreigner considering buying property in Ogun State must expect:
Leasehold / right of occupancy rather than freehold ownership. As with other states, this is what the law allows.
Need to obtain Governor’s Consent: particularly if acquiring interest from a citizen, or for transactions beyond certain durations or involving transfer of existing rights.
Documentation and verification: must check land registry, ensure the seller has a valid Certificate of Occupancy (or equivalent title), ensure land is not under dispute, check for any existing encumbrances, etc.
Risk of land grabbing, fraud, double title sells, or conflicting customary claims, especially if land is being sold via “omo onile” or customary owners without clear documentation. Ogun State has several public warnings about land speculators. Ogun State Television+2The Guardian Nigeria+2
Payment of required government charges, fees, taxes (including Land Use & Amenities Charge, stamp duties, registration fees, governor’s consent fee, etc.).
Case Studies / Recent Developments in Ogun State
It’s useful to consider actual developments that illustrate how the state deals with land issues and how foreigners are sometimes involved.
Land grabbing issues involving foreigners: There have been petitions and public outcries in Ogun State over alleged land grabbing by foreigners or foreign‐associated firms, often involving traditional rulers or state officials. This shows that even when transactions are made, there can be conflicts and allegations of illegal or unfair allocations. Tribune Online+1
Government warnings / enforcement: The Ogun State Bureau of Lands & Survey has repeatedly warned the public (both citizens and non‐citizens) to deal only with verified land titles and through official processes. The Governor+1
Legislative action: The state has strengthened laws on anti-land grabbing, such as the 2016 law. Also, enforcement steps and court actions against traditional rulers or others suspected of illicit land transfers. Premium Times Nigeria+1
What the Law Does Not Do / Gray Areas
For completeness, it’s important to understand what is ambiguous or what the law hasn’t clarified fully, which creates risk for foreigners (or anyone investing in land in Ogun State).
There may be administrative regulations or local government by‑laws that differ in detail or practice (in different LGAs or areas) even though the overarching law is state and federal.
Customary ownership and community rights: some lands are held traditionally (customary tenure) rather than under formal statutory “certificate of occupancy” systems. Dealing with customary owners without formal titles can present risks.
Enforcement and delays: acquiring Governor’s Consent, verifying titles, resolving disputes can take time, and sometimes the processes are opaque. Corruption or irregularities may occur.
Lease term limits: sometimes it is not totally clear how many years a foreigner is allowed to hold a lease in a particular LGA under Ogun State. There may not be publicly available authority specifying 25 or 99 years for Ogun as in some states, meaning the foreigner must confirm with state land authorities or lawyers.
Then, Can a Foreigner Yes, But With Conditions
Putting all this together, we can say:
Yes — a foreigner can buy property in Ogun State, but with various conditions, requirements, and risks. They should not expect the same kind of rights of absolute ownership as citizens might have. Ownership will typically be via rights of occupancy or long‐term leases, subject to state governor’s consent and compliance with documentation and legal procedures.
Step‑by‑Step Process for a Foreigner to Buy Property in Ogun State
Here is a suggested roadmap: if you are a foreigner and want to buy land or property in Ogun State, these are the steps you should usually follow to do so safely and with legal certainty.
| Step | What to Do | Who to Involve / What to Check |
|---|---|---|
| 1. Define Purpose & Location | Decide whether the property is for residential, commercial, agricultural, or investment; pick the area / LGA. | Check zoning, local government permitted uses, proximity to infrastructure, whether the land is customary or statutory. |
| 2. Engage Local Legal Counsel / Real Estate Professionals | Hire a Nigerian lawyer experienced in land matters in Ogun State; possibly work with registered estate agents. | Ensures you understand local laws, help with title, help prepare documents, verify seller’s claims. |
| 3. Title Search / Due Diligence | Conduct search at Ogun State Land Registry or Bureau of Lands & Survey to verify ownership, existence of Certificate of Occupancy or valid title. | Confirm no litigation, no overlapping claims, check for encumbrances (mortgage, lease, customary disputes) etc. |
| 4. Negotiation and Sale Agreement | Once satisfied, negotiate price; prepare a formal deed or sale agreement; ensure seller is legitimately able to sell. | Agreement should reflect aspects such as payment schedule, plot boundaries, certificate or title delivery etc. |
| 5. Apply for Governor’s Consent (if required) | If the transaction involves transfer, assignment, lease over long years, or is from citizen → foreigner, then apply to the Ogun State Governor for written consent. | Lawyer helps prepare application, accompanying documents (title documents, receipts, identification, etc.), payment of fees. |
| 6. Register Transfer / Certificate of Occupancy | After consent and payment, register at the state land registry; ensure deed of assignment and certificate of occupancy (or equivalent) are properly issued in your name or entity’s name. | This formal registration is what gives legal protection in court etc. |
| 7. Payment of Charges / Taxes | Pay stamp duty, registration fees, any land use / amenities charge (LUAC), ground rent, etc. | Ensure you get receipts; failure to pay may lead to sanctions or risk of disputing property. |
| 8. Maintain Documentation & Monitor Neighbours / Encroachments | Keep all title docs, receipts, evidence of consent etc.; watch for boundary encroachment, local claims; ensure property taxes / charges are paid regularly. | Local community / surveyors may assist; legal counsel remains important. |
Risks & Pitfalls Foreigners Must Watch Out For
Fake or invalid Documents / Double Sales: There are frequent reports of fraudulent land sales, where multiple people are sold the same plot, or seller never had valid title.
Failure to obtain Governor’s Consent: Without this, the transaction may be legally void, or unenforceable.
Customary Title Discrepancies: Land under customary law may have less formal documentation, or conflicts over who is rightful customary owner.
Land grabbing / “Omo Onile” issues: Local land speculators sometimes sell plots without clear legal authority, or rival claims arise. Ogun has specific laws and increased enforcement to guard against this. Land Portal+2Premium Times Nigeria+2
Delays and bureaucracy: Processes for consent, registration, surveys etc. can be slow. Sometimes dealing with multiple government agencies and officials is required.
Costs: Aside from purchase price, there are legal fees, registry fees, governor’s consent fees, survey fees, taxes etc. These can add up.
Policy Risk / Change in Laws: Laws, regulations, fees, or interpretations can change; political interest in land allocations, or pressure from residents, etc. may affect property rights.
Best Practices & Tips for Foreigners
Always deal with a reliable lawyer who knows land law in Ogun State.
If possible, get all documentation beforehand and verify with Land Bureau / Registry.
Demand proof of ownership, including Certificate of Occupancy, survey plan, layout plan, etc.
Ascertain whether the land is statutory or customary. For customary land, understand the customary authority and confirm there are no latent claims.
Budget for all extra costs (fees, consent, survey, legal fees).
Ask about lease terms: duration, renewal options, obligations under the lease (e.g. ground rent, use restrictions).
Check location, accessibility, infrastructure services (water, electricity, roads), zoning.
Consider registering through a Nigerian company if the law or practice gives better lease terms in that route (sometimes corporate bodies are treated differently).
Comparison With Other Nigerian States
In states like Lagos, Abuja, etc., more explicit “Acquisition by Aliens” laws exist, with specific lease durations, formal procedures and more publication of terms. Foreigners will find more precedent and clearer processes.
Lease duration can differ state to state. Some states allow 99‐year leases (for companies in some cases), others limit to 25 years for individual foreigners.
Knowing how Ogun State compares help set realistic expectations.
Conclusion
In summary:
Yes, a foreigner can buy land/property in Ogun State, but it’s not a simple “buy and it’s yours” scenario as in some jurisdictions.
Ownership will almost always be via leasehold / right of occupancy, not freehold ownership.
You must obtain the necessary approvals (especially Governor’s Consent), verify titles, ensure lawful transfer.
There are risks (fraud, disputes, documentation, cost) which demand due diligence and expert help.