What is the Process for Transferring Land titles from one Individual to Another in Nigeria

What is the Process for Transferring Land titles from one Individual to Another in Nigeria

Introduction

The transfer of land ownership is one of the most important transactions in property law and real estate practice in Nigeria. Whether you are buying land, inheriting it, or receiving it as a gift, the legal process of transferring title is essential to ensure your ownership is valid, recognized by law, and protected from third-party claims.

Land is a highly valuable and limited asset, and in Nigeria—where disputes over land are common—it is crucial to follow due process to avoid litigation, financial loss, or fraud. This article outlines the complete process of transferring land titles from one individual to another in Nigeria, focusing on legal requirements, documentation, applicable laws, stages involved, and practical tips.

Understanding Land Title in Nigeria

A land title refers to the legal evidence that gives a person or entity ownership rights over a piece of land. There are various types of land titles in Nigeria, such as:

1. Certificate of Occupancy (C of O)

2. Deed of Assignment

3. Deed of Conveyance

4. Governor’s Consent

5. Deed of Gift

6. Deed of Sublease

7. Registered Survey Plan

8. Allocation Letter (for government land)

For any title to be valid and transferrable, it must be traceable to the government as the ultimate landowner under the Land Use Act, 1978, and must be supported by valid documents.

Governing Laws on Land Title Transfer in Nigeria

1. Land Use Act of 1978

2. Property and Conveyancing Law

3. Registration of Titles Law

4. Stamp Duties Act

5. Lagos State Land Registration Law 2015 (and other state laws)

6. Administration of Estates Law (for inheritance)

7. Federal Capital Territory Land Use Regulations (for Abuja)

Reasons for Land Title Transfer

• Sale or purchase of land

• Gift from one individual to another

• Inheritance or succession

• Exchange of property

• Family arrangement or redistribution

• Court orders

Key Stakeholders in the Process

• Seller/Transferor – The current title holder

• Buyer/Transferee – The new owner acquiring the title

• Lawyers – Legal experts guiding the transaction and preparing documents

• Surveyors – Professionals providing accurate survey plans

• Real Estate Agents – May act as intermediaries

• Government Agencies – Land registries, Surveyor General’s Office, Ministry of Lands, and the Governor’s Office

The Step-by-Step Process for Transferring Land Titles in Nigeria

Step 1: Conduct Due Diligence

Before any land title can be transferred, it is crucial to verify ownership and encumbrances.

Due Diligence Includes:

• Land registry search – Verify title, ownership, and if there are any mortgages or litigations.

• Survey plan verification – At the Surveyor General’s Office to confirm land location and boundaries.

• Physical inspection – To ensure land matches the documents.

• Community/family confirmation – In the case of family or village land.

• Court judgment search – To determine if the land is under any dispute.

Tools used:

• Form 1C (Lagos)

• Land Information Certificate

• Application to obtain Certified True Copies of title documents

Step 2: Agree on Terms of Transaction

Once due diligence is completed and satisfactory:

• Buyer and seller agree on price, payment terms, and timeline.

• Parties may sign a memorandum of understanding (MoU) or contract of sale.

• Buyer makes initial deposit to confirm commitment.

Step 3: Draft and Execute the Deed of Assignment

The Deed of Assignment is the legal document that formally transfers ownership from the seller to the buyer.

It must include:

• Names and addresses of the parties

• History of land ownership

• Description of the land (with survey details)

• Consideration paid

• Covenants

• Signatures of parties and witnesses

• Passport photos

• Governor’s Consent clause

The deed must be:

• Prepared by a lawyer

• Duly signed, sealed, and delivered

• Signed in the presence of at least one witness each

Step 4: Obtain a Registered Survey Plan

A registered survey plan is essential for identifying the land’s exact location and boundaries. If the seller’s survey plan is outdated or unavailable, the buyer must commission a new one.

Steps:

• Engage a licensed surveyor

• Take physical measurements

• Submit for verification at the Office of the Surveyor-General

• Obtain Survey Plan Approval or Lodgment Number

Step 5: Apply for Governor’s Consent

Under Section 22 of the Land Use Act, any transaction that transfers title (leasehold, assignment, mortgage, sublease) must receive Governor’s Consent.

Steps:

1. Submit application through the State Ministry of Lands

2. Include:

   • Deed of Assignment

   • Survey plan

   • Application letter

   • Consent Form

   • Evidence of tax clearance

   • Passport photographs

   • Land Information Certificate

   • Current land charge receipt

3. Pay assessment fees:

   • Consent fee (usually 1.5% – 2% of the land value)

   • Capital gains tax (10%)

   • Stamp duty (0.75% of property value)

   • Registration fee

4. Upon approval, Governor endorses the document and stamps it.

Step 6: Stamping and Payment of Duties

The Deed of Assignment must be stamped at the Stamp Duties Office (Federal Inland Revenue Service or State IRS) within 30 days of execution.

Stamp duty makes the document legally valid and admissible in court.

Step 7: Registration of Title at the Land Registry

The final step is to register the title with the state land registry. This is where the title officially changes hands in government records.

Steps:

• Submit stamped Deed of Assignment

• Fill application forms and pay registration fees

• Submit survey plan, consent letter, and other supporting documents

After verification and processing, the registrar updates the land record, and the buyer is issued a Registered Title (or Deed Registered Number).

Special Cases in Title Transfer

a. Inheritance (Devolution of Land)

When land passes through inheritance:

• Obtain Letter of Administration (for intestate succession)

• Obtain Grant of Probate (for testate succession)

• Apply for registration of transfer as beneficiary

b. Gifting of Land

• A Deed of Gift is prepared instead of a Deed of Assignment

• Requires consent and registration just like a sale

c. Corporate or Institutional Transfer

If the land belongs to a company, transfer may involve:

• Board resolution

• CAC documentation

• Shareholders’ agreement

Estimated Timeline for Land Title Transfer

Common Challenges in Land Title Transfer

Cost Implications

Typical costs include:

• Legal fees (5%–10% of property value)

• Consent fee (1.5%–2%)

• Capital gains tax (10%)

• Stamp duty (0.75%)

• Survey fees (₦150,000–₦500,000+ depending on location)

• Registration fees (₦50,000–₦200,000)

Costs may vary by state and land value.

Tips for a Smooth Land Title Transfer

1. Use a qualified property lawyer – For document preparation, search, and compliance.

2. Verify all documents – Don’t assume authenticity; confirm it.

3. Engage a licensed surveyor – Ensure survey plans are up to date.

4. Insist on Governor’s Consent – Without it, the transaction is not valid in law.

5. Ensure proper documentation of payment – Receipts, bank transfers, and acknowledgement letters are key.

6. Register the transaction – Unregistered land documents may not be admissible in court.

Conclusion

Transferring land titles in Nigeria is a process that requires diligence, legal compliance, and professional guidance. Skipping any of the key steps—due diligence, survey verification, execution of a valid deed, Governor’s Consent, and registration—can expose you to future litigation, loss of property, or fraud.

Contact Us

Whether you are a buyer, investor, inheritor, or developer, following the correct legal procedure is the best way to protect your interest and secure your land ownership under Nigerian law.

At Chaman Law Firm, we assist clients across Nigeria with:

• Property due diligence

• Drafting and registration of land documents

• Processing Governor’s Consent

• Resolving land disputes

We are here to guide you through every step legally and professionally.

📞Phone:  08065553671, 08096888818

✉ Email: chamanlawfirm@gmail.com

📍 Address: 115, Obafemi Awolowo Way, Allen Junction, Ikeja, Lagos, Nigeria

🌍Click here to learn more about Chaman Law Firm

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