What is the procedure for due diligence before buying land in Ogun?

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What Is the Procedure for Due Diligence Before Buying Land in Ogun?

Introduction

Buying land can be one of the most significant investments you make. In Ogun State — as in many parts of Nigeria — there are many opportunities for profitable land investment, but also many risks. Issues such as land grabbing, forged or fake documents, unclear ownership, disputes, government acquisition, and improper subdivision are very real. If you do not perform proper due diligence, you risk losing your investment, getting embroiled in legal battles, or acquiring a property that cannot be used for what you intend.

Due diligence means doing all the investigations, verifications, legal checks, and field inspections necessary before you commit money or sign binding agreements. In Ogun State, there are specific local laws, customary practices, government bodies, and institutional offices that you must interact with (or check with) in order to ensure your land purchase is safe, valid, and enforceable.

This article lays out a detailed, step‑by‑step procedure for due diligence when buying land in Ogun State. Follow this guide carefully. If you’re serious about secure land acquisition, keep reading — then take action to protect your investment.

Step‑by‑Step Procedure for Due Diligence Before Buying Land in Ogun

Here is a comprehensive checklist and procedure. You can treat this as a timeline or sequence, although many of the steps can run in parallel.

Phase	What to Do	Why It Matters	Who to Involve
1. Preliminary Investigation & Groundwork	– Define exactly where the land is: town, community, GPS coordinates or landmarks. – Visit the site physically. Walk around, inspect boundaries, check existing development or infrastructure (roads, power, water, drainage, etc.). – Talk informally to neighbours, community leaders, traditional rulers, and nearby landowners. Ask: has there been any dispute? Are there any encumbrances? Is the seller known and credible? – Ask the seller why they’re selling. Has the ownership changed recently? Has the land been inherited?	Physical inspection helps verify what is on paper. Neighbours and community can often supply local knowledge about disputes, government plans, or any history of questionable ownership. Knowing motivation of seller may reveal unseen issues.	Yourself; surveyor; possibly local community head; a trusted friend or advisor.
2. Document Examination	Collect ALL relevant documents from the seller. These generally include: • Certificate of Occupancy (C of O) or any existing title document. • Survey Plan (registered survey plan if possible). • Deed of Assignment (if the seller is not the original grantee). • Governor’s Consent (for transfers under the Land Use Act). • Gazette (if the land was excised / community or village excision). • Power of Attorney (if someone is acting on behalf of the owner). • Receipts of payments (for land use charge, property tax, any fees required). • Any previous court judgments or disputes. • Wills or probate documents if ownership was inherited.	Documents are the backbone of establishing legal ownership. Without proper title, or with defective documents, your ownership may be challenged. Many frauds happen here (fake docs, forged survey plans, sellers without rights).	The seller; your legal adviser (lawyer); registered surveyor; Ogun State Lands Registry.
3. Search & Verify at Government/Official Offices	After getting the documents from seller, verify them at the relevant state offices: • Ogun State Lands Registry / Ministry of Physical Planning & Urban Development / Bureau of Lands – confirm ownership, ascertain whether the land is free from encumbrances or government acquisition. • Surveyor‑General’s Office – verify the survey plan, ensure the boundaries, coordinates are correct, that the plan is registered. • Probate Registry / High Court – if seller inherited, check whether letters of administration or probate have been properly issued. • Corporate Affairs Commission (CAC) – if seller is a company, check corporate status, and whether the director(s) have authority to sell. • Local Government / Tax Office – check whether all rates / property taxes / land use charges have been paid. • Traditional Authorities / Local Community / Village Head / Chief – check for any community claims or customary rights or disputes.	Verifying at official offices ensures that what you believe from the seller is backed up in public / legal records. It reduces risk of double ownership, contested ownership, or hidden liabilities (taxes, charges). It reveals if government has plans to acquire the land, or whether the land has been revoked, or subject to zoning restrictions.	Your lawyer; possibly professional land‐verification services; surveyor; staff in the government offices.
4. Confirm Zoning, Land Use & Regulatory Compliance	– Check local planning laws: is the land zoned for residential / commercial / agricultural as you need? Are there restrictions on what you can build? – Check infrastructural plans: roads, utilities (water, electricity), drainage, waste disposal. – Check if the land is subject to government acquisition or reserved for other public purposes. – Check whether environmental constraints apply (e.g. flood zone, protected areas). – Confirm whether the land is part of a subdivision, and whether the subdivision plan is approved by the relevant authority. – Check distances to roads and services; set‑back requirements.	Even if the papers are clean, using the land contrary to zoning or planning rules can lead to government demolition, refusal of permit, or inability to develop as desired. Also, such restrictions can affect land value.	Planning authorities in Ogun State; Ministry responsible for physical planning; your lawyer; possibly town planners.
5. Valuation / Market Check	– Research comparable lands in the area: what are recent sales like for similar size, location, infrastructure status? – Find out the going rate per plot or per square meter. – Consider the cost of bringing infrastructure (road, water, electricity) to the site. – Evaluate potential appreciation: upcoming roads, zoning changes, planned government infrastructure etc. – Get an independent valuer if possible.	Helps ensure you don’t overpay. Recognizes ‘hidden costs’ so you understand full cost of ownership. A good valuation also supports negotiation.	Valuation surveyor; real estate agents; your legal adviser.
6. Legal Due Diligence and Risk Assessment	– Engage a lawyer experienced in land/real estate matters in Ogun State. – Assess whether any dispute involving the land is ongoing (legal suits, claims, family disputes). – Check whether title is absolute, or is subject to revocation, revocation of rights of occupancy, encumbrances. – Check whether any mortgages or charges are tied to the land. – If seller is acting via Power of Attorney, check validity and that the principal is alive / has the authority. – Check whether the land is under any government acquisition notices. – Confirm whether all prior owners in chain of ownership properly transferred their interest (i.e. the title history / chain is clean).	Identifies legal risk. Anything you miss here can result in losing ownership, paying damages, or being evicted.	Lawyer; Ogun State authorities; local courts; surveyor (for boundary/risk issues).
7. Financial and Payment Arrangements	– Agree in writing the price, payment terms, mode of payment. – Ensure payments are traceable (bank transfers / receipts) and recorded. – Only pay after you are satisfied with document verification and legal searches. – Check for additional fees: stamp duty, registration fees, costs for Governor’s consent, survey fees, legal fees, taxes. – Be cautious about upfront payments (holding deposit) – require signed provisional agreement that protects you if verification fails. – Ensure you get a receipt for every payment.	Helps you avoid being defrauded; assures that money is not given without obtaining what you paid for; ensures you are aware of all costs.	Seller; your lawyer; bank; surveyor.
8. Documentation of Transfer / Registration	– After payment and all checks, prepare a Deed of Assignment (or any required legal instrument) executed properly. – Secure Governor’s Consent, if required under the law. – Register the assignment or title transfer at the Ogun State Land Registry (or relevant office). – Ensure survey plan is updated / confirmed, and that your name is registered as owner in registry. – Get copies of all documents (C of O, Registry record, Assignment, Consent). – If applicable, obtain a Police Report (if required) or any local community acknowledgement.	This formalizes your legal ownership. Without registration and consent, title may not be fully enforceable. It also prevents someone else from claiming your land.	Your lawyer; Ogun State Land Registry; Ministry of Lands / Physical Planning; surveyor; seller.
9. Post‑Purchase Protection & Follow Up	– Secure the land: mark boundaries, place visible markers, fences if necessary. – Keep all original documents safe (C of O, Deed of Assignment, receipts). – Pay all ongoing obligations: land use charge, property tax, rates. – Monitor whether there are any government announcements affecting your land (for roads, utilities, acquisition). – If development is intended, apply for building permits in due time. – Maintain good relations with neighbours and community leaders; sometimes customary rights or claims emerge later.	Protects your investment, prevents encroachment, avoids future legal/financial surprises.	Yourself; possibly site caretaker; legal adviser; local government / community.

Legal / Regulatory Context in Ogun State

To fully appreciate why all the above steps are necessary, it helps to know the regulatory and legal background in Ogun State (and Nigeria more generally).

Land Use Act, 1978: Under this federal law, all land in each state is vested in the governor (as trustee), who grants rights of occupancy. Transfers of rights of occupancy require governor’s consent. This forms the legal backbone of land ownership and transfer in Nigeria.
Surveys, Excision & Gazette: Lands excised are officially released by the government for private or community ownership; such excision should appear in published government gazettes. A registered survey plan is needed to show the dimensions, coordinates, and legal boundaries.
Ownership Disputes: Because of customary land ownership, inheritance issues, family expectations, and overlapping claims (especially in rural or peri‑urban areas), many lands in Ogun are subject to disputes. Traditional rulings / customary law sometimes conflict with formal legal titles.
Land Registries / Bureaucracy: Ogun State Lands Registry, Surveyor‑General’s Office, and the relevant ministries handle registration, document verification, issuing of titles, consent, etc. Delays, corruption, or lack of transparency can be issues.
Government Acquisition: Sometimes lands are acquired by government for public infrastructure (roads, utilities, schools). If land is designated for such, later you may lose rights or receive compensation (sometimes delayed or inadequate). Checking for acquisition notices is critical.
Omo Onile / Customary Land Agents: Especially in peri‑urban and rural areas, dealings with local customary landowners (“omo onile” or equivalent names) are common. These arrangements sometimes complicate formal title, community claims, or boundaries. Legal contracts should account for customary owners’ rights or past claims.
Court and Probate Matters: When land has been inherited, or the original owner is deceased, proper probate or administration must be done; all heirs should consent to sale. Wills should be properly probated; lack of this leads to disputes.

Common Pitfalls / What Can Go Wrong (If You Skip Due Diligence)

It’s helpful to know what many people fall prey to, so you can avoid being one of them.

Fake or Forged Documents
- Sellers produce fake Certificates of Occupancy, forged signatures, or use fake survey plans.
- Documents might look real but have been altered.
Double Sale / Multiple Owners Claiming Ownership
- The same land is sold to more than one person.
- Sometimes because surveys or titles are not clearly updated in registry.
Land Under Government Acquisition
- Buyer purchases land but the government has plans (existing or pending) to acquire the land for roads, public works, etc. Without prior knowledge, this can lead to loss.
Disputed Ownership / Family Claims
- Inherited land where all heirs have not given consent or some heirs are not traceable.
- Dispute between families over boundaries or ownership.
Non‑compliance with Zoning / Planning / Subdivision Requirements
- The land is in a zone where the intended use is not permitted.
- Subdivision plans not approved by authorities; building permit issues.
Unpaid Taxes or Rates
- The land has accumulated property tax, land use charge, or other levies. Buyer inherits these obligations if not cleared.
Boundary Issues and Survey Discrepancies
- Physical land does not match the survey plan. Neighbours claiming boundary wrong, or markers missing.
Poor Infrastructure / Hidden Costs
- The land may lack access roads, utilities, drainage. Bringing these services in may cost more than anticipated.
Vague Payment or Contract Terms
- Verbal agreements or poorly drafted contracts. Upfront payments with no protection. Seller disappears after receiving payment.
Absence of Legal or Professional Advice
- Doing all this on your own, trusting non‑experts, ignoring warnings, etc.

Practical Tips / Best Practices

Always involve a competent lawyer from the start. Real estate law is technical.
Use registered surveyors for site inspection and survey verification.
Get Certified True Copies (CTC), not just photocopies, for official documents.
Insist on Governor’s Consent (where required) and ensure it is properly registered.
Retain original documents and store them safely.
Don’t be pressured by rush sales or discounted deals; these often hide risk.
Make sure all payments are documented, and get receipts; use traceable payment methods.
Consider using professional land verification services if you can find reliable ones in Ogun.
If buying far from your residence, ensure you have trusted local contacts who can inspect/manage as needed.

Step‑by‑Step Example (How It Might Look in Practice)

To bring the above into a more concrete flow, here’s a hypothetical scenario illustrating how someone would do due diligence when buying land in Ogun.

You see a plot of land advertised in Ogun State, say in Ifo, Abeokuta perimeter, or near Sagamu. The seller provides photos, a survey plan, and says the land has a Certificate of Occupancy, etc.
You visit the site. Check if the landmarks given match what you see. Check access roads, possible encroachments, neighbours, utilities etc.
You ask the seller for all documents: original C of O (or proof of right of occupancy), whether the survey plan is registered, deed of assignment, proof of payment of any land use charge or property tax, etc.
You engage a lawyer. The lawyer takes the documents and visits the Ogun State Lands Registry to verify ownership, check whether any government acquisition notice has been served, ensure the title is free from encumbrances or court cases.
Simultaneously, you engage a registered surveyor to confirm that the survey plan is accurate (size, boundary markers) and that what is on ground corresponds to what is on the plan.
Also, you check local planning authorities to confirm zoning and permitted usage, whether there’s a subdivision plan (if relevant), whether the plot is in a flood zone or is subject to environmental constraints.
You carry out a market value check: find similar plots in that same area, compare prices per square meter, check whether infrastructure (roads, electricity, water) are available and how much those may cost to connect.
When satisfied, you draw up and sign a proper contract of sale / deed of assignment, including conditions precedent (e.g. all legal verifications done, Governor’s consent obtained, etc.). Ensure the contract provides for refunds or cancellation if verification reveals issues.
Proceed to payment in stages or after verification, get receipts for each payment.
After payment, register the deed of assignment or ownership transfer in the Ogun State land registry; get any required consents and confirm your name is recorded as the new owner.
Post‑acquisition, mark your boundaries, pay your property rates/land use charge, keep documents safe, perhaps fence the land etc.

Specific Things to Check in Ogun State

Because each Nigerian state has slight differences, Ogun has some particulars to watch:

State Lands Registry & Bureau of Lands: Ogun has offices where land titles and assignments are recorded. You must check with them whether claimed ownership is valid. See recent advisories from Ogun State government about land grabbing. Daily Post+1
Attorney‑General & Ministry of Justice: The state Attorney‑General has warned residents to seek professional advice (estate practitioners, qualified lawyers) before acquiring land. Daily Post+1
Customary court judgements: Ogun has had cases (e.g. Fibiwoga family) where prior customary court judgments get contradicted by registry or survey reports. So don’t rely only on customary titles without confirming state registry records. Daily Post+1
Excision / Gazette: Ogun lands excised to communities must have been gazetted; this helps validate that the land is legally available (i.e. released by the government). Check gazettes for excision details. (Also becomes relevant when seeking governor’s consent or formal registration.) Nomos Legal Practice+1
Land Use Charge & Rates: In Ogun, as with other states, local government areas impose charges on landowners. Buyers must check whether previous charges are cleared. If not, you could inherit arrears. Nairaland+1

What Documents Are Essential

Here’s a summary list of documents you must insist on, and verification points for each:

Document	Purpose	What to Verify
Certificate of Occupancy (C of O)	The primary title under the Land Use Act; it shows legal owner & terms.	That it is genuine, unaltered; issued by Ogun State; not revoked; shows correct name(s).
Registered Survey Plan	Defines location, size, boundary, coordinates.	That the surveyor is registered; plan is filed / registered with Surveyor‑General; matches what is on ground.
Deed of Assignment	Shows transfer of ownership from the seller to you.	Proper execution; previous chain of ownership; has Governor’s consent if required; stamped appropriately.
Governor’s Consent	Required under the Land Use Act for transfers of rights of occupancy.	That consent is valid, attached to deed; check whether it matches the land, parties.
Gazette / Excision Publication	Shows that land was officially excised / released for private or community ownership.	That the plot is included; correct volume/page; boundaries specified.
Probate / Letters of Administration (if inherited)	To prove legal memory of decedent’s will / estate.	That all heirs are properly accounted for; no pending dispute.
Power of Attorney (if used)	Allows someone else to act for the legal owner.	That it’s properly executed; principal is competent; the attorney does not exceed powers; registered if required.
Tax / Land Use Charge / Rates Receipts	To show payment of ongoing liabilities.	Recent / up‑to‑date; no outstanding debts.

Checklist Summary: Due Diligence in Ogun State

Here’s a checklist you can tick off as you work through your process. You might print this or keep a copy while you conduct your due diligence.

Consequences of Failing to Do Due Diligence

Loss of funds: paying for land that you cannot get title to, or that someone else claims.
Legal battles: costly court proceedings, possible loss of land.
Government revoke or acquisition without fair compensation (if land was designated for public use).
Inability to develop the land due to zoning, planning, or lack of infrastructure.
Neighbours disputes; encroachments.
Poor resale value or inability to sell later because title is defective or disputed.

Call to Action

If you are considering buying land in Ogun State, here’s what you should do right now:

Pause before making any payment for any land until you’ve completed due diligence as per this guide.
Engage a competent real estate lawyer in Ogun who has experience with land title issues, consent, survey verification, etc.
Hire a registered surveyor to verify boundaries and ensure land plan matches what’s on site and records.
Visit government offices to confirm registry status: Ogun State Lands Registry, Surveyor‑General, court records, Local Government etc.
Use this checklist above as your working roadmap; ensure every item is ticked and documented.

Conclusion

Buying land in Ogun State can be a great investment — for residential building, commercial development, or future value appreciation. But the risks are real, especially when due diligence is neglected. By following a systematic procedure — inspecting site, gathering and verifying documents, checking legal titles, understanding zoning and official requirements, confirming value, formalizing proper transfer, and securing your documentation — you significantly reduce risk.

Your future peace of mind, financial security, and legal standing depend on it.

Contact Us

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