How to Transfer Land Ownership and Land Document in Nigeria
Introduction
Land is one of the most valuable and cherished assets in Nigeria. Whether for residential development, commercial use, agriculture, or investment purposes, owning land remains a significant milestone for individuals and businesses alike. However, transferring ownership of land is not as straightforward as handing over a receipt—it involves detailed legal and administrative procedures, specific documents, and strict compliance with statutory requirements.
This article explores, in detail, the step-by-step process of transferring land ownership and land documents in Nigeria, the legal framework, common pitfalls to avoid, and a real-world case study to illustrate how the process plays out in practice.
Understanding Land Ownership in Nigeria
Under Nigerian law, all land is vested in the Governor of each state, held in trust for the people, as stipulated by the Land Use Act of 1978. This means that private individuals can own interests in land (not absolute ownership) subject to government approval and documentation.
Forms of ownership include:
Statutory Right of Occupancy (urban areas)
Customary Right of Occupancy (rural areas)
Freehold titles (pre-Land Use Act)
Leases, subleases, and assignments
Key Legal Framework Governing Land Transfer in Nigeria
Land Use Act (1978)
Property and Conveyancing Law (applicable in Western Nigeria)
Registration of Titles Law
Land Instrument Registration Law
State-specific Land Use Regulations
Conveyancing Act (English Law as applicable in Nigeria)
Types of Land Transactions That Involve Ownership Transfer
Sale and Purchase of Land
Gifts (inter vivos transfers)
Inheritance or Probate Transfers
Partitioning of Family Land
Court-ordered transfers
Corporate land acquisitions
Key Parties Involved in Land Transfer
Vendor: The current landowner (individual, family, company)
Purchaser: The buyer or new owner
Assignor/Assignee: Legal terms used in Deeds of Assignment
Solicitors: Legal representatives who prepare, review, and file documents
Surveyor: For charting and verifying property boundaries
Registrar or Land Bureau: Government body responsible for title registration
Step-by-Step Procedure to Transfer Land Ownership in Nigeria
Step 1: Conduct Due Diligence
Before any money changes hands:
Verify ownership at the Land Registry (search for title documents)
Check for encumbrances (e.g., pending litigation, mortgages, government acquisition)
Confirm the physical inspection of the land
Engage a lawyer and a registered surveyor
Step 2: Survey Plan and Land Charting
Obtain a Survey Plan signed by a licensed surveyor
Submit to the state’s Surveyor General’s Office to confirm land status and ensure it’s not under government acquisition
Step 3: Negotiation and Agreement
Agree on purchase price
Confirm payment schedule and milestones
Draft a formal Deed of Agreement or Memorandum of Understanding (MOU) (optional but useful)
Step 4: Payment of Purchase Price
Make payment using traceable channels (bank transfers, escrow, etc.)
Obtain receipts, acknowledgment letters, and payment confirmation
Step 5: Draft and Execute the Deed of Assignment
This is the main legal document that officially transfers interest from the seller (Assignor) to the buyer (Assignee). It includes:
Names and addresses of both parties
Description and location of the land
Title history
Consideration (amount paid)
Signature and witnesses
Date and execution clause
Note: Must be prepared by a lawyer.
Step 6: Obtain Governor’s Consent
Under Section 22 of the Land Use Act, no transfer of interest in land is valid without the Governor’s consent. The process includes:
Submission of application forms
Attachments: Deed of Assignment, Survey Plan, Tax Clearance, Receipt, Identification
Payment of Consent Fees, Charting Fee, Capital Gains Tax, Stamp Duties
Processing time: 2–6 months (depending on the state)
Step 7: Stamp Duty and Registration
Pay Stamp Duty at the Federal Inland Revenue Service (FIRS)
Register the Deed of Assignment at the State Land Registry
Documents typically required:
Deed of Assignment (4 copies)
Survey Plan
Tax Clearance Certificate (vendor and buyer)
Identification of parties
Receipt of payment
Application letter for consent
Evidence of payment of fees
After this process, the property is legally recognized under the buyer’s name.
Title Documents Involved in Land Transfer
Certificate of Occupancy (C of O)
Governor’s Consent
Deed of Assignment
Deed of Lease or Sub-Lease
Survey Plan
Deed of Gift (for gifted land)
Probate or Letters of Administration (for inherited land)
Land Purchase Receipt
Registered Title at the Land Registry
Common Challenges in Land Transfer
Fake or forged documents
Omo Onile interference
Double allocation
Delays in obtaining Governor’s Consent
Incomplete registration
Litigation over disputed land
Tips to Ensure a Smooth Land Transfer Process
Always engage a competent property lawyer
Do not make payment without verification
Insist on Registered Survey Plan
Verify identities of sellers and land status
Use escrow services or staged payments
Register all documents promptly
Ensure tax compliance
Case Study: Mr. Okafor’s Purchase of Land in Sangotedo, Lagos
Background
Mr. Okafor, a diaspora investor living in Canada, intended to buy 2 plots of land in Sangotedo. He contacted a real estate agent and was offered land supposedly with a C of O.
Challenges
The land was later found to be under government acquisition
The agent failed to disclose that Governor’s Consent was not obtained
A second buyer emerged with a similar claim to the land
Solution
Mr. Okafor’s lawyer conducted a land registry search and requested a fresh Survey Plan
The case was escalated to the Land Use and Allocation Committee
After months of back-and-forth, Mr. Okafor chose a new plot with a clean Deed of Assignment and proper documentation
Outcome
The property was registered within 5 months
Mr. Okafor received a Certified True Copy (CTC) of the registered title
He has since developed and rented out the property
Lessons Learned
Never rely solely on agents
Insist on due diligence before payment
Always obtain Governor’s Consent
Engage professionals familiar with Lagos property law
Role of Lawyers and Professionals
A property lawyer ensures:
Validity of title
Proper documentation
Legal drafting and execution
Protection from fraud
Timely registration
Other professionals include:
Surveyors: Confirm land boundaries and charting
Town planners: Assess development potential
Architects/Engineers: Evaluate suitability for development
Post-Transfer Responsibilities
Regularize all outstanding fees
Register at community development associations (CDAs)
Fence and secure the land
Keep original documents in a safe place
Obtain Building Approval before construction
Digital Innovations in Land Transfer
Some Nigerian states (e.g., Lagos, Kaduna, FCT) are adopting:
E-Certificate of Occupancy
Digital Land Registry
Online title searches
GIS Mapping for land transparency
These innovations aim to reduce fraud and improve efficiency.
Conclusion
Transferring land ownership and land documents in Nigeria is a legally sensitive and procedure-driven process. It requires strict adherence to the law, verification of title, payment of fees, and registration. While challenges persist—from fake documents to bureaucratic delays—working with professionals and understanding the system will help you avoid land loss and disputes.
Whether you’re a first-time buyer, investor, or developer, the key to a successful transaction lies in due diligence, legal guidance, and proper documentation.
Ready to Transfer Land Ownership the Legal Way? We’ll Handle It for You
Transferring land in Nigeria requires more than a handshake—it demands legal precision, thorough verification, and proper documentation. At Chaman Law Firm, we specialize in seamless land transfers, title verification, Governor’s Consent processing, and full documentation support.
Whether you’re buying land, inheriting property, or regularizing an existing ownership, our expert legal team ensures your investment is secured, registered, and recognized under Nigerian law.
📞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
Don’t risk your land to fraud, family disputes, or legal errors. Let Chaman Law Firm handle it professionally—start your land transfer the right way today.
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