Legal Requirements for Land Purchase in Lagos

Land Purchase in Lagos is a significant investment and requires a thorough understanding of the legal requirements to ensure a secure transaction. Lagos, being a bustling metropolitan state in Nigeria, has a unique set of land laws and regulations governed by the Land Use Act of 1978 and state-specific provisions. This guide outlines the legal requirements you must fulfill to purchase land in Lagos, ensuring your ownership rights are protected.

Step 1: Verify the Title Documents

Before proceeding with any land purchase, you must verify the authenticity of the title documents provided by the seller. The most common title documents include:

Certificate of Occupancy (C of O)

• What It Is: A legal document issued by the Lagos State Government granting the holder the right to occupy and use the land for a specified period, usually 99 years.
• Verification: Conduct a search at the Lagos State Land Registry to confirm its authenticity.

Deed of Assignment

• What It Is: This document transfers ownership of the land from the seller to the buyer.
• Verification: Ensure it is properly signed, witnessed, and registered with the Land Registry.

Survey Plan

• What It Is: Defines the boundaries and location of the land.
• Verification: Confirm that the survey plan aligns with the government-approved plan and does not fall within restricted areas.

Step 2: Conduct a Search at the Land Registry

A title search at the Lagos State Land Registry is essential to:

• Confirm the ownership history of the land.
• Verify that the land is free from encumbrances such as mortgages, liens, or disputes.
• Ensure the land has not been acquired by the government or is subject to legal restrictions.

How to Conduct a Search

1. Obtain the property’s file number from the seller.
2. Submit an application for a search at the Land Registry.
3. Pay the required fees and review the results with a property lawyer.

Step 3: Obtain the Governor’s Consent

Under the Land Use Act, any transfer of land ownership in Lagos requires the Governor’s Consent to be legally valid. Without this consent, the transaction is void.

Application Process

1. Submit the Deed of Assignment and other supporting documents to the Land Bureau.
2. Pay the prescribed fees, including administrative and consent fees.
3. Await the issuance of the Governor’s Consent, which formalizes the transfer.

Why It Matters

• Prevents future legal disputes.
• Confirms the government’s recognition of the transaction.

Step 4: Conduct a Survey and Physical Inspection

Engage a Licensed Surveyor

• Why It’s Important: A surveyor ensures the land’s boundaries are accurate and that it does not encroach on other properties or government-acquired land.
• How to Verify: Request a survey plan and cross-check it with the Surveyor General’s Office.

Inspect the Land

• Confirm that the land is accessible and matches the seller’s description.
• Look out for signs of encroachments or disputes with neighboring properties.

Step 5: Prepare the Deed of Assignment

A Deed of Assignment is a critical document in any land transaction. It outlines the terms of the sale and formalizes the transfer of ownership.

Key Elements to Include

1. Full details of the buyer and seller.
2. Accurate description of the land.
3. Agreed purchase price.
4. Signatures of both parties and witnesses.

Legal Registration

• Submit the Deed of Assignment to the Lagos State Land Registry for registration.
• Pay the associated registration fees to complete the process.

Step 6: Pay Stamp Duty and Other Taxes

Stamp duty is a legal tax levied on property transactions to validate the agreement.

How to Pay

1. Calculate the stamp duty based on the value of the land.
2. Pay at the designated tax office and obtain a stamped receipt.
3. Ensure the Deed of Assignment is properly stamped.

Other Taxes to Consider

• Ground Rent: Payable annually to the government.
• Capital Gains Tax: Applicable if the seller is making a profit on the sale.

Step 7: Register the Title

Title registration provides legal protection and public recognition of your ownership.

Steps for Registration

1. Submit the stamped Deed of Assignment and other required documents to the Land Registry.
2. Pay the registration fees.
3. Obtain a registered title document confirming your ownership.

Step 8: Engage Legal and Real Estate Professionals

Property Lawyer

• Ensures all documents are authentic and the transaction complies with legal requirements.
• Represents your interests throughout the process.

Real Estate Agent

• Assists in identifying genuine sellers and properties.
• Facilitates communication between parties.

Step 9: Finalize the Transaction

• Confirm that all payments, including the purchase price, taxes, and fees, are completed.
• Ensure possession of the land is handed over without disputes.
• Maintain copies of all transaction documents for future reference.

Final Thoughts

Purchasing land in Lagos is a rewarding investment, but it requires careful adherence to legal requirements to avoid pitfalls. From verifying title documents to obtaining the Governor’s Consent, every step is essential for securing your ownership rights.

Engage professionals, conduct due diligence, and comply with state laws to make your land purchase a smooth and legally sound process. Land Purchase in Lagos State is something you must be very careful with.

Call to Action

Need expert guidance on Land Purchase in Lagos? Chaman Law Firm specializes in real estate law and offers comprehensive services to ensure your transaction is secure and compliant. Contact us today via email at chamanlawfirm@gmail.com or call us on +234 8065553671 or +234 8096888818. Let us help you navigate the complexities of land purchase with confidence!