Introduction
In Nigeria, land ownership is a major investment and a mark of financial security. However, without the correct legal documentation, such investments can turn into a nightmare.
Understanding the different types of land titles is essential to safeguarding your property rights and avoiding disputes. Whether you are a first-time buyer or a seasoned investor, this guide breaks down key land titles like the Certificate of Occupancy (C of O), Governor’s Consent, and Deed of Assignment, highlighting their importance and relevance in Nigerian property law.
1. Certificate of Occupancy (C of O)
What is a Certificate of Occupancy?
The Certificate of Occupancy (C of O) is a document issued by the government that officially recognizes a person or entity as the legal owner of a piece of land for a period of 99 years. It is often issued for land that has no prior ownership or for state-acquired property.
Why is a C of O Important?
- It legally establishes ownership of the property.
- It reduces the chances of disputes or fraudulent claims.
- It serves as a vital document for property resale, obtaining loans, or securing investments.
How to Obtain a C of O
- Submit an application to the state’s land bureau.
- Provide required documents, including survey plans, receipts, and identity verification.
- Pay the necessary fees and await verification and approval.
2. Governor’s Consent
What is Governor’s Consent?
Under the Land Use Act of 1978, all land in a state belongs to the government. To transfer ownership of land (either through sale, mortgage, or lease), the current title holder must obtain the Governor’s Consent.
Why is Governor’s Consent Important?
- It legally validates land transactions.
- It ensures the transaction is recognized by the government.
- Without it, subsequent property transfers can be deemed invalid.
How to Secure Governor’s Consent
- Submit an application to the Governor via the Lands Bureau.
- Provide copies of the Deed of Assignment, survey plans, and C of O.
- Pay required fees and follow up for approval.
3. Deed of Assignment
What is a Deed of Assignment?
A Deed of Assignment is a legal document that transfers ownership of land from the seller to the buyer. It is an agreement that spells out the details of the transaction, including:
- Names of the parties involved.
- Description of the property.
- Purchase price and terms of transfer.
Why is a Deed of Assignment Important?
- It serves as proof of a legal transaction between parties.
- It provides a record of ownership for property buyers.
- It is necessary for obtaining Governor’s Consent and registering the property title.
Steps to Drafting a Deed of Assignment
- Hire a qualified property lawyer to prepare the document.
- Ensure all terms of the transaction are clearly stated.
- Sign and register the Deed at the appropriate Lands Registry.
4. Excision and Gazette
What is an Excision?
An excision is when the government officially releases a portion of land to a community or family for their use. This land can then be sold to individuals or developers.
What is a Gazette?
A Gazette is an official publication that records lands that have been excised. It serves as proof that the land is free from government acquisition.
Why are Excisions and Gazettes Important?
- They confirm the land is not under government acquisition.
- They validate the legality of land transactions.
How to Verify Land with Gazette
- Request a copy of the Gazette publication.
- Cross-check the details at the state Lands Bureau.
5. Registered Conveyance
A Registered Conveyance is an older form of land title document that was used before the introduction of the Certificate of Occupancy. It is still valid today if properly registered.
Key Differences Between the Land Titles
| Title Type | Issued By | Purpose | Validity |
|---|---|---|---|
| Certificate of Occupancy | State Government | Establishes ownership of land | 99 years |
| Governor’s Consent | State Governor | Approves land transactions | Continuous |
| Deed of Assignment | Seller/Buyer Agreement | Transfers ownership between parties | Permanent |
| Gazette | Government Publication | Confirms excised land for free use | Permanent |
How to Verify Land Titles in Nigeria
Before purchasing land, ensure you verify the title to confirm its authenticity. Here’s how:
- Visit the Lands Bureau: Check the records to verify ownership and encumbrances.
- Conduct a Survey Plan: Ensure the land aligns with its registered survey plan.
- Engage a Lawyer: Hire a property lawyer to conduct legal due diligence.
Common Land Title Scams and How to Avoid Them
- Fake C of O: Always verify land documents at the Lands Registry.
- Double Sales: Ensure the seller has legal authority to sell the land.
- Omitted Governor’s Consent: Never finalize transactions without the Governor’s Consent.
Conclusion
Understanding the different types of land titles in Nigeria is essential for secure property ownership. Whether you’re purchasing land for investment or personal use, verifying titles like the C of O, Governor’s Consent, and Deed of Assignment will protect your investment.
For expert guidance on property transactions, contact Chaman Law Firm today. Our experienced team ensures your real estate investments are legally secure and hassle-free.
Ready to invest in property with confidence? Contact Chaman Law Firm for expert legal advice and due diligence on all land matters in Nigeria.
Call us at 08065553671 or email us at info@chamanlawfirm.com to schedule a consultation.
Our offices are conveniently located in Lagos, FCT Abuja, Ogun State, and the UK. We are readily available to assist you with your legal needs.