How Diaspora Nigerians Can Safely Buy Property in Ogun State

How Nigerians in the Diaspora Can Buy Property in Ogun State Safely

Introduction

For many Nigerians living abroad, investing in property back home is not only a way to secure financial future, but also an emotional connection to home—whether it is for a holiday home, retirement plan, or simply as an asset to pass down to family. Ogun State in southwestern Nigeria offers many attractive possibilities: proximity to Lagos, fast‐growing towns, improving infrastructure, and state government initiatives to streamline land registration and property rights. However, buying property from afar comes with risks—fraud, unclear titles, land disputes, poor documentation, and sometimes outright scams.

This article is intended to be a thorough guide for Nigerians in the Diaspora who wish to purchase property in Ogun State safely, legally, and with minimal stress. It outlines the necessary legal, administrative, and practical steps, highlights what to watch out for, and provides tips on avoiding pitfalls. Whether you’re considering residential or commercial land, or building a home, this article will equip you with what you need to know.

Section 1: Understanding the Legal Landscape in Ogun State

Ogun State Land Laws, Titles and Land Administration System

• Certificate of Occupancy (C of O): In Ogun State, land ownership is typically secured through a Certificate of Occupancy. The C of O is the legal document granting you rights to use the land under certain terms and for a specified tenure. Getting a valid C of O is vital. The state has made reforms to make this process more transparent. Independent Newspaper Nigeria+3The Guardian Nigeria+3The Guardian Nigeria+3

• Electronic / Digitized Land Titling: Ogun State has introduced electronic titling to reduce fraud, counterfeit documents, and delays. This system (for new titles and migrating old paper-based titles) helps ensure that property titles are more secure. The Guardian Nigeria+1

• OLARMS (Ogun State Land Administration and Revenue Management System): This is an online platform created by the Ogun State government to manage land transactions more efficiently. Services like title applications, perfecting titles, ratification of existing documents, and Certificate of Occupancy transactions are handled here. Businessday NG+2BizWatch Nigeria+2

• Due Diligence & Land Grabbing Laws: The state government has made public warnings about illegal sellers or land grabbers. In some cases, fake court judgments have been used to claim lands for sale, so verifying every link in the chain of ownership is crucial. The state’s Ministry of Justice has advised rigorous due diligence. Independent Newspaper Nigeria+1

Relevant Laws & Regulations for Foreigners / Non‑Resident Nigerians

• If you are a foreigner (non‑Nigerian citizen), there are special regulations governing land acquisition. While many diaspora Nigerians are citizens, some may have dual status or non‑citizen status; those must check the Acquisition of Lands by Aliens Law and similar state laws. Mondaq+2chamanlawfirm.com+2

• Even for citizens abroad, some documents or approvals may require you to meet certain procedural requirements (identification, proof of status, etc.). Laws about land transactions, land registration, survey, customary courts or customary claims, and state government approval are relevant.

Section 2: Steps to Buying Property Safely in Ogun State (From Diaspora)

Below is a step‑by‑step process you should generally follow. Adaptation may be needed depending on the part of Ogun State, the type of property, whether the seller is a private individual, or Government/estate developer.

Step 1: Preliminary Research & Planning

1. Define Your Purpose and Budget

   • Decide whether it will be residential, commercial, or agricultural property.

   • Factor in all costs: purchase price, legal fees, surveys, government fees, registration, possibly construction, maintenance.

2. Choose the Location Wisely

   • Ogun State has many Local Government Areas (LGAs); infrastructure (roads, water, electricity), security, proximity to cities matters.

   • Visit or get someone reliable to visit the site in person. Photos and videos help but physical condition of the land, access roads, topography are crucial.

3. Identify Reliable Source / Seller

   • Government‑owned land / estates via OLARMS or other government approved estates are typically safer.

   • If buying from private seller, ensure they are the legitimate owner. Find out past ownership history, whether there are disputes, or whether land is under litigation.

4. Engage Professionals Early

   • Real estate lawyer: to verify title, prepare legal documents, possibly do background checks (chain of title).

   • Surveyor: to check boundaries, ensure what is claimed is what you’ll get.

   • Estate agent / property consultant: if reputable and licensed, can help navigate local norms.

Step 2: Due Diligence (Essential Checks)

1. Title Search / Verification

   • Check with the Ogun State Lands Registry / Bureau of Lands & Survey whether the seller’s title is valid.

   • Examine past documents: deeds, assignment, previous transfers, or any conveyances.

   • Ensure there is no unresolved dispute or encumbrance on the land.

2. Survey Plan & Boundary Confirmation

   • Obtain or commission a survey plan from a licensed surveyor. Check that existing markers align with plan.

   • Confirm boundaries with neighboring lands. Any overlap could lead to conflict.

3. Certificate of Occupancy (C of O) Authenticity

   • If the seller claims to have a C of O, check whether it is genuine, properly registered.

   • With electronic titling, verify via the Ogun State system.

4. Check Zoning, Land Use and Development Permits

   • Confirm local government zoning laws, whether land is designated for residential, commercial etc.

   • Ensure that any building permit / planning permit is obtainable or all existing permits are in order.

5. Government Consent & Regulatory Requirements

   • Ensure any legal approvals required have been obtained. For foreign or non‑resident buyers (if applicable), ensure compliance with regulations.

6. Check for Government Acquisition or Public Purpose

   • Verify that the land has not been earmarked for government acquisition or other public uses.

7. Inspect Title History for Fraudulent Claims

   • Be especially careful of false claims, forged documents, fake judgments, or cases where Customary Courts have issued judgments without survey plans or proper descriptions. Independent Newspaper Nigeria

Step 3: Negotiation, Payment and Agreement

1. Negotiate Price and Terms

   • Ensure everything is in writing. Payment plan if any, deposit, instalments, etc.

2. Secure a Written Sales Agreement

   • The agreement should state the seller, buyer, land description (size, location, boundaries), sale price, payment schedule, obligations of parties.

3. Use Escrow / Trust Account if Possible

   • If possible, use a lawyer or reputable real estate firm that can hold funds in escrow until all checks are done and title is properly transferred.

4. Ensure All Payments are Documented

   • Receipts, bank transfers, any form of record. Avoid paying large sums in cash without proper documentation.

Step 4: Completing the Legal Transfer and Registration

1. Deed of Assignment / Conveyance

   • Once payment (or agreed payment) is done, prepare the Deed of Assignment or similar legal instrument to transfer ownership. Lawyer should draft, review.

2. Governor’s Consent (if required)

   • Some transfers require the approval of the State Governor, especially if the land interest is of certain kinds or if the buyer is non‑citizen. Check whether it applies in your case.

3. Obtain or Transfer Certificate of Occupancy

   • Apply for the C of O in your name via Ogun State Lands Registry / Bureau of Lands & Survey. With OLARMS, many of these processes have become more straightforward and digital. Businessday NG+2The Guardian Nigeria+2

4. Register the Title

   • Register the Deed/Assignment at the lands registry. This is what gives you legal protection.

5. Get Survey Plan Properly Filed

   • Ensure your survey plan is lodged and recognized in the registry.

6. Ensure Compliance with Planning & Physical Development Requirements

   • Obtain any building permits or development approvals needed. Avoid constructing on land without the necessary permissions, as government audits sometimes penalize unapproved developments. Nairametrics

Section 3: Specific Considerations for Diaspora Buyers

Because you are not physically present (or not always present), there are extra risks and extra things to put in place.

Proxy / Power of Attorney

• If you cannot attend certain formalities, you may need to give Power of Attorney (PoA) to someone you trust (lawyer, relative).

• Ensure the PoA document is properly drafted, notarized, and in compliance with Nigerian legal requirements. Sometimes PoA must be recognized in Nigeria (or apostilled in your country of residence).

Currency, Payment Channels and Foreign Exchange

• When sending money from abroad, use reliable banking routes. Keep evidence (bank transfers, wire transfers).

• Be cautious of middlemen asking for payment in cash, or via unusual channels.

Visits / Inspection

• If possible, plan at least one visit to inspect physically the land: the environment, access roads, signs of claimants or occupants.

• If you cannot visit, hire someone (trusted surveyor, real estate agent, lawyer) to conduct thorough inspection, gather photos, map, videos.

Monitoring Local Developments and Changes in Regulation

• Ogun State’s land administration system is improving (OLARMS, e‑C of O etc.), but regulation and enforcement may change. Stay updated.

• Monitor government announcements (e.g., for moratoria, title ratification windows, amnesty programs). Businessday NG+1

Section 4: Common Pitfalls & How to Avoid Them

Here are some of the most common risks, and strategies to avoid them.

Section 5: Government Initiatives & Tools in Ogun State That Help Diaspora Buyers

These recent developments make property acquisition safer and more transparent in Ogun State, and are especially helpful for diaspora:

• OLARMS (Ogun State Land Administration & Revenue Management System): Provides a digital platform for many land transactions, title applications, ratifications. Makes processes more transparent and traceable. Businessday NG+2BizWatch Nigeria+2

• e‑C of O / Electronic Titling: To reduce fraud and improve speed. Easier to verify authenticity. The Guardian Nigeria+1

• Title Ratification, Amnesties and Property Registration Programmes: The state government has offered periods during which owners can regularize their titles, or submit documents; encroachers under certain conditions can ratify their ownership. Diaspora buyers can benefit if timing aligns. Businessday NG+1

• Distribution of Certificates of Occupancy: The state has distributed large numbers of C of Os under the newer systems, showing commitment to formalizing land ownership. The Guardian Nigeria

• Public Advisories on Due Diligence: The Ministry of Justice and other state bodies regularly advise people to be careful, carry out due diligence, avoid land grabbers, fake judgments. Ogun State Television+1

Section 6: Cost Considerations & Timeframes

Understanding the costs and timelines will help you budget and avoid surprises.

Cost Components

• Purchase price of land/property: Dependent on location, size, demand.

• Surveyor fees: For drawing up a new survey, for boundary marking, etc.

• Legal fees: Lawyer’s charges for searches, preparing documents, title transfer.

• Government fees: Registration fees, stamp duties, planning permission fees, land rate, any state or local levies.

• Title fees: Cost of obtaining Certificate of Occupancy, Governor’s consent if required.

• Inspection, travel, agent fees: If you or representatives need to move around.

• Infrastructure costs: If the land lacks access road, electricity, water etc., you may need to invest in bringing these in.

Timeframes

• Doing all due diligence may take weeks to a few months, depending on responsiveness of registries, complexity of title, and whether there are disputes.

• The digital systems like OLARMS are intended to shorten times for many processes: e‑C of O, ratification, issuance of titles. But delays still occur. Businessday NG+1

• If your land is under customary claims or legal disputes, expect more time.

Section 7: Case Studies & Scenarios

Below are hypothetical examples to illustrate how real situations might unfold, what to do, and what to watch out for.

Scenario A: Buying from a Government Estate via OLARMS

You see a Government estate listed through OLARMS (for example a residential estate in Abeokuta). You like the plot; you verify via OLARMS that the plot is available, that the C of O application is properly queued or available, and confirm no encumbrances. You engage a lawyer who helps you secure everything online, make payment via bank transfer, get receipts, follow up until title is issued electronically or via e‑C of O. Because it’s a government scheme, it is more predictable, safer, and likely faster.

Key success factors: credibility of the scheme; transparency of process; clear title; government documentation; minimal middlemen; digital tracking.

Scenario B: Buying a Private Property via a Local Third‑Party Agent

You find a private seller in a fast‑developing suburb of Ogun State. An agent offers to mediate. The agent presents documents, but when you investigate via the Lands Registry, you find the title is old, and that there may have been recent claims in customary courts. Also, the boundaries shown on survey plan differ from the physical markers on ground.

What to do: Halt payment. Hire a surveyor to inspect physically. Engage a lawyer to check title searches, look for disputes. Possibly renegotiate or walk away if too many risks.

Section 8: Tips & Best Practices

These are practical tips that can make a big difference.

1. Document everything: contracts, receipts, communication.

2. Use lawyers you trust: preferably those who are experienced in Ogun State land matters. Ask for referrals, check prior clients.

3. Avoid unnecessary middlemen: every additional person increases risk of miscommunication or fraud.

4. Use digital tools / portals: OLARMS, state registry’s online services. These give transparency and records.

5. Check local government & community practices: sometimes customary rights or local/imams/chiefs may have claims. Understanding local/customary law helps, especially in land in more rural or semi‑urban locations.

6. Retain oversight: Even if you give power of attorney or engage agents, try to monitor progress, request updates, visit when possible.

Section 9: What to Do If Things Go Wrong

Even with the best precautions, sometimes you might run into problems. Here are steps to take.

• Stop further payments until you are satisfied with legal status.

• Seek legal redress: engage a property lawyer to help you issue title checks, perhaps court injunctions if needed.

• Contact state authorities: The Ogun State Ministry of Justice, Bureau of Lands & Survey, or Lands Registry. They often have units for property fraud or land disputes.

• Report fraud / land grabbers: If the seller is concealing litigation, forging documents, etc., you can report to law enforcement or regulatory bodies.

Section 10: Summary – Checklist for Diaspora Buyers

Here is a concise checklist to use as a quick reference before committing to buying property in Ogun State:

• Identify exact location, size, neighborhood, physical access, infrastructure

• Seller’s title documents verified (chain of title, assignments, decrees etc.)

• Valid survey plan and boundary markers

• Authentic Certificate of Occupancy (or knowing how and when to get one)

• Zoning, planning and development permissions in order

• Ensure all payments are documented

• Legal transfer instrument / deed properly drafted and registered

• Government approvals (if needed)

• Power of Attorney or someone trustworthy handling local matters on your behalf

• Use OLARMS / digital systems where possible

• Be wary of too‑good offers; verify everything

Call to Action

If you are a Nigerian in the Diaspora considering buying property in Ogun State, don’t wait until you are sure, but start the process well informed.

Contact Us

Chaman Law Firm 115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel,  Ikeja, Lagos 📞 0806 555 3671, 08096888818,📧 chamanlawfirm@gmail.com 🌐 www.chamanlawfirm.com