Land Documents to Verify Before Buying Property in Ogun State

Land Documents to Verify Before Buying Property in Ogun State

Introduction

Purchasing land is one of the largest investments many people make, especially in developing or growth areas like Ogun State, Nigeria. It is exciting to find a plot of land, negotiate price, and see the vision of building, developing, or simply owning a piece of property come to life. But alongside that excitement is risk — risk of fraud, boundary disputes, governmental acquisition, unclear documentation, inflated charges, or even losing the land after payment.

To avoid costly mistakes, every prospective land buyer in Ogun State must perform thorough due diligence, and one of the most critical parts of that is checking the necessary documents. These documents prove ownership, reveal encumbrances (claims or liabilities), show whether the seller has the legal right to sell, confirm the land’s status relative to government‐plans (roads, acquisition, reserved areas), and ensure that after purchase you have a valid title that can be defended, transferred, or mortgaged.

In this article, we’ll go through, in depth:

• The legal and institutional framework governing land in Ogun State and Nigeria (so you understand what documents are statutorily required, and why).

• A checklist of all documents you should demand from the seller.

• How to verify those documents – where to go, what to look for.

• Common pitfalls or red flags.

• Example scenario showing how a missing document or defect can derail a purchase.

• Practical tips to minimize risk and cost.

Finally, a call to action so that you, as a potential land buyer, know exactly what your next steps should be, and how Chaman Law Firm can help ensure that your transaction is safe, clean, and legally perfect.

Legal & Institutional Framework: Why Documents Matter in Ogun State

Before listing the documents, understanding the legal environment helps you appreciate why each piece is required.

Land Use Act of 1978

• Under Nigeria’s Land Use Act, all land in a state is vested in the Governor to hold in trust for the people. That means private ownership is under statutory control. Any transfer of land, or sale, or allocation, or registration, or change of ownership must conform with this Act.

• Documents such as the Certificate of Occupancy (C of O), Governor’s Consent, etc., stem from the requirements of the Land Use Act.

Ogun State Land Laws, Regulations & Agencies

• Ogun State has its own Bureau of Lands & Survey, Ministry of Physical Planning & Urban Development, and OLARMS (Ogun Land Administration & Revenue Management System), which are responsible for land records, application of C of O, surveys, building‑plan approvals, etc.

• Zoning laws, planning laws, rates, taxes, community/local govt regulations can all introduce additional document requirements.

Surveyor‑General’s Office

• Survey plans (maps showing boundaries, coordinates, measurement) are prepared by licensed surveyors and approved / registered by the Surveyor‑General’s Office.

• The plan confirms the exact size, shape, and coordinates of the land, and whether, for example, the land is committed to government uses or acquisition, or overlaps other parcels.

Probate / Inheritance Law

• If the seller inherited the land, or if a family has multiple heirs, there may be documents needed from probate court or family courts (letters of administration, wills, extrajudicial settlement) to ensure rightful ownership.

Checklist: Documents You Must Check Before Buying Land in Ogun State

Here is a comprehensive list of documents, with explanation of why each is needed and how to verify it. Not all purchases will require all documents (for example, if the seller is the original owner and there are no previous transfers), but the more complete your documentation, the safer your purchase.

How to Verify & Authenticate Documents

Even if you have all the documents, you must verify they are authentic, valid, and applicable to the exact land parcel in question. Here are steps and tips:

1. Demand Original Documents
   Always ask for originals, not just photocopies. Originals may have security marks, stamps, signatures that can be checked. Copies may hide alterations.

2. Cross‑Check Names and Details
   The name on the C of O, deed, survey plan, and other documents must match. Seller’s name should be consistent. Dates, plot/parcel/ survey numbers, boundaries must match across documents.

3. Go to the Appropriate Government Offices

   • Bureau of Lands & Survey in Ogun State to check records of ownership.

   • Surveyor‐General’s Office to verify the survey plan, registration, coordinate system.

   • Land Registry to check whether deeds are properly registered.

   • Ministry of Planning for building plan approvals.

   • Probate Court if inheritance involved.

4. Search Court Records / Litigation History
   Check whether the land is subject to court suits / litigation. Sometimes, two or more parties claim ownership; or there are disputes over boundaries or inheritance.

5. Check for Government Acquisition / Reserved Status
   Land may be earmarked for infrastructure, road expansion, public projects. Also check if the land has been excised or gazetted; or if it overlaps with areas declared for public use.

6. Surveyor’s Ground Verification
   Hire a licensed surveyor to compare the survey plan with what is on the ground. Sometimes survey plans may be faulty; or boundaries, landmarks may be altered, or sellers may misrepresent the extent of land. Checking physically helps avoid surprises.

7. Use Lawyer / Legal Practitioner
   A land lawyer / conveyancer will help you review all documents, prepare or review the deed, ensure Governor’s Consent is properly handled, check that all required legal formalities are complied with. Lawyers also help with registration and avoiding fraud.

8. Check Corporate Documents (if seller is a company)
   If a company is selling, ask for CAC documents (Certificate of Incorporation, Articles, Directors, who has authorization to sign), and that any signatory is duly empowered.

9. Check All Payment Receipts & Past Transactions
   If the seller claims they paid for survey, taxes, rates, built structures, etc., ask for receipts or evidence. Sometimes owners neglect payments, which become owed by new owner if not cleared.

Common Pitfalls / Red Flags to Watch Out For

Knowing what can go wrong helps you better spot missing or forged documents, or situations that will cost you.

• Seller refuses to show original documents or delays giving them.

• Documents have inconsistent names, say, seller’s name in deed is different from name in C of O or survey plan.

• Survey plan does not have seal, or surveyor’s stamp, or is faded, old, or apparently unregistered.

• Deed of Assignment not registered.

• Governor’s Consent missing or invalid.

• Gazette notice / Excision not published / not traceable.

• Land has existing litigation or overlapping claims.

• Seller is acting via Power of Attorney but POA is unsigned, vague, or insufficient.

• Taxes, rates or ground rent unpaid for many years (which may become your problem).

• Physical inspection shows boundaries that differ significantly from survey plan, or missing landmarks.

• Land is within government planned acquisition or reserved areas (roads, expressways, utilities etc.).

• Building plan approvals missing or non‑existent (if applicable).

Example Scenario

To illustrate: here is a hypothetical but realistic scenario showing how missing documentation or defects can create problems, how a buyer might catch issues, and what happens if due diligence is not done.

Scenario:
Mary wants to buy a 1,000 sqm plot in Ijebu‑Ode, Ogun State. The seller shows her a deed of assignment, a survey plan, and says he has the Certificate of Occupancy. Mary makes a down payment, starts construction, then later a neighbour claims part of the land as their own, based on a previous survey. Also, local government shows land is planned for road expansion (government acquisition).

What went wrong:

• The Certificate of Occupancy shown was forged, or expired, or the name did not match the seller’s name.

• The survey plan was not approved by Surveyor‑General or had incorrect coordinates.

• No check was done with the government acquisition / reserved status.

• No Governor’s Consent was obtained after the sale.

What Mary should have done / how she could have avoided risk:

1. Insisted on seeing original C of O, verified with Land Registry and Bureau of Lands & Survey.

2. Verified survey plan, cross‑checked coordinates, got independent surveyor to inspect ground.

3. Searched in government plans or asked Physical Planning / Lands Bureau whether there was a proposed road or acquisition plan in that area.

4. Checked whether deed of assignment is registered, whether the seller has Governor’s Consent.

5. Confirmed no overlapping claims, no litigation, no outstanding taxes/rates.

What can Mary do after discovering the problem:

• Engage a lawyer to stop further construction or expenditures until matters are resolved.

• Negotiate with seller to correct documentation or compensate for defects.

• If the land is under acquisition, see whether excision or release is possible, or whether seller can be compensated.

• If fraudulent documents, possibly take legal action or abandon purchase if risk too high.

Why These Documents Are Non‑Negotiable / The Cost of Not Checking

Failing to check key documents can lead to heavy costs — financial, legal, emotional. Some of the risks include:

• Losing your investment if the seller doesn’t have legal title.

• Being evicted or forced to vacate if land is seized or claimed by government or another party.

• Having to re‑demarcate or pay extra survey, legal fees when discrepancies arise.

• Paying for property taxes or rates accumulated but not disclosed.

• Paying twice (once to seller, then another time/legal cost) or losing resale value due to title defects.

• Legal fees and long delays to resolve disputes.

Thus, the cost of verifying documents is small compared to cost of discovering too late that something is wrong.

Practical Steps & Order to Follow Before Finalizing Purchase

Here is a step‑by‑step process you should follow to ensure you have all documents and have verified them, before making payment or transfer.

1. Initial Document Request from Seller
   Ask the seller to provide copies (preferably originals) of C of O, survey plan, deed(s) of assignment, governor’s consent (if previously transferred), tax/rate receipts, ID, and any other relevant/documented history (previous owners, inheritance, etc.).

2. Engage a Lawyer Early
   Have a qualified land law attorney review the documents as soon as you get them, to spot red flags, ensure proper chain of ownership, legal compliance.

3. Surveyor’s Ground Verification
   Get a qualified surveyor to visit the land, compare boundaries, measures, landmarks against the survey plan; check for encroachments or divergence.

4. Registry / Government Search
   Perform searches in Ogun State Bureau of Lands & Survey / Land Registry to confirm ownership, check if survey plan is registered, check for encumbrances, government acquisition, overlapping claims.

5. Check Government Plans / Zoning / Acquisition
   Visit Ministry of Physical Planning & Urban Development or relevant government offices; find out if there are proposed infrastructure works, reserved areas, roads in the area which may affect the land.

6. Check Seller’s Capacity to Sell
   Confirm seller is rightful owner; if inheritance involved, ensure all heirs consent; if seller is a company, check CAC documents; if someone is acting via POA, verify POA is valid.

7. Verify Payments & Receipts
   Ask for proof of all payments by seller (survey, rates, ground rent, etc.), ensure all arrears cleared. Keep receipts for down payments etc.

8. Obtain Governor’s Consent / Relevant Approvals
   If needed, ensure that transfers are done with Governor’s Consent. If a building exists or planning required, ensure approved building plan.

9. Prepare & Register Deed / Documentation
   Once you are satisfied, the legal documents must be prepared, stamped, registered in the Registry; deed of assignment, transfer documents lodged, survey packet registered, etc.

10. Ensure Title is in Your Name / Collect All Original Documents
    After payment and transfer, ensure that all documents (C of O, deed, consent, survey plan etc.) are delivered in your name.

Case Studies / Local Insights in Ogun State

Here are some insights specific to Ogun State or examples of how the above document checks have saved people or prevented fraud.

• Survey Plan Issues: In Ogun State it has been observed that some survey plans are old, inaccurately drawn, or have boundary overlaps. Buyers who insisted on updated survey plans from licensed surveyors have been able to avoid buying less land than they paid for, or avoid encroachments.

• Governor’s Consent Litigation: Cases in Ogun State where land transfers occurred without Governor’s Consent were later challenged. Without valid consent, subsequent resale or title perfection failed.

• Government Acquisition / Reserved Areas: There have been several situations where land initially seemed “free,” but was later affected by government plans for widening roads, expressways, power corridors, etc. In many of these, the land had not been excised or gazetted properly. Buyers who checked government plans or visited Lands Bureau first avoided such lands.

• Inheritance Disputes: In rural areas / outskirts of major towns, some land transactions involved sellers who inherited land but did not resolve inheritance documentation — wills, extrajudicial settlements, or letters of administration. This has caused court cases, claims from undisclosed heirs.

Summary Checklist Before Purchase

Here’s a succinct checklist you can use (print or have on your phone) so you don’t forget anything when you evaluate land for purchase:

• Original Certificate of Occupancy (C of O) in seller’s name

• Survey Plan, approved & registered, matching ground boundary

• Deed(s) of Assignment / Transfer properly executed & registered

• Governor’s Consent (if prior transfers)

• Gazette / Excision status (land free from government reserved/acquisition)

• Payment Receipt(s) of seller’s payments & proof of no outstanding debts (rates, taxes, ground rent)

• Tax Clearance / proof of payment of rates / land use charges

• Identity of seller(s) or corporate details if seller is entity

• Power of Attorney (if needed), valid & specific

• Building Plan Approval (if applicable)

• Search reports from Registry & Surveyor‑General’s Office

• No existing litigation, encumbrances, overlapping claims

• Inheritance / Probate documentation if land passed by will or intestacy

• Physical inspection & boundary markers verify what documents say

Frequently Asked Questions (FAQs)

Q: What if the seller does not have a C of O?
A: It’s risky. Lack of C of O means the land may not be legally recognized by government as under private occupation. You’ll need to find out if the land can be regularized, or whether some other documents (e.g., traditional titles, allotment, allocations) exist. But always consult a lawyer and check what the state law demands.

Q: How long does Governor’s Consent take, and what if the seller says it’s “being processed”?
A: Time can vary depending on state backlog, complexity, documentation completeness. If a seller says it’s “pending,” get proof of application and follow up. Never assume that “pending” makes the sale safe; you need concrete documentation.

Q: Are receipts alone enough?
A: No. Receipts prove payment but do not prove ownership. You need ownership documents (C of O, deed, etc.) and registrations. Receipts supplement but do not replace.

Q: What if the seller inherited the land and there’s no will?
A: Then you need letters of administration or extrajudicial settlement. All heirs must agree to sale. Failure to resolve inheritance properly is common source of later disputes.

Q: Can documents be forged, and how do I detect forgery?
A: Yes, documents can be forged. To detect: originals only; check seals, stamps, signatures; verify with government offices; compare with registry extract; engage lawyers and surveyors experienced in these checks; check for small inconsistencies (names, dates, ages, plot numbers).

Call to Action

Now that you know what documents to check, how to verify them, and what red flags to avoid, the next step is up to you — to act, to protect your investment, to ensure the land you buy is yours in every sense. Here’s what you should do now:

1. Reach out to Chaman Law Firm for a document review consultation.
   Bring the seller’s documents (C of O, survey plan, deed of assignment, etc.) for us to examine. We can help identify missing pieces, spot defects, check authenticity.

2. Hire a licensed surveyor immediately to inspect the land, demarcate boundaries on the ground, compare with survey plan, and report any discrepancies.

3. Make a checklist of all the documents above. Use it each time you inspect a plot. Don’t pay until you are satisfied all essential documents are valid and verified.

4. Visit government offices to conduct official searches (Lands Registry, Surveyor‑General’s Office, Physical Planning) to confirm the public records match what seller is showing you.

5. Engage a lawyer to draft or review your deed of assignment, Governor’s Consent, and other legal transfers, to ensure everything is properly executed and registered.

6. Keep records of all payments and receipts, and ensure they are properly documented and acknowledged in writing.

Contact Us

Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel,  Ikeja, Lagos
📞 0806 555 3671, 08096888818,

📧 chamanlawfirm@gmail.com
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