What is the Process of Land Acquisition in Nigeria?
Introduction
Land acquisition in Nigeria is a major investment decision and a critical part of the real estate and developmental ecosystem. For individuals, businesses, developers, or the government, acquiring land involves legal, procedural, and practical steps that must be carefully followed to avoid litigation, fraud, or loss of property rights. Despite its lucrative potential, the land acquisition process in Nigeria is often marred by complexity, bureaucracy, and conflicting land tenure systems.
This comprehensive guide explains the process of land acquisition in Nigeria, the legal framework, documentation, regulatory institutions, acquisition by individuals and government, red flags to watch for, and tips for safe and lawful transactions.
1. Understanding Land Ownership in Nigeria
1.1 The Land Use Act of 1978
The Land Use Act (LUA) is the principal law governing land ownership and acquisition in Nigeria. It vests all land in each state in the Governor, who holds it in trust for the people. Land is categorized into:
Urban Land: Controlled by the Governor of each state.
Rural/Customary Land: Managed by Local Government authorities.
1.2 Types of Land Ownership
Statutory Right of Occupancy (R of O): Granted by the Governor.
Customary Right of Occupancy: Granted by Local Governments in rural areas.
Leasehold: Temporary ownership usually for 99 years.
Freehold (historical): Now largely phased out after the LUA.
2. Categories of Land in Nigeria
2.1 Government Land
Owned by the federal or state government. Requires special approval for private acquisition. Often reserved for public use or industrial estates.
2.2 Private/Family Land
Held by individuals, families, or communities. Can be sold or leased if ownership is verifiable and the title is clear.
2.3 Excision Land
A portion of land formerly under government acquisition but later released (excised) back to indigenous landowners. Must be verified with an Excision Gazette.
3. Stages of Land Acquisition in Nigeria
Stage 1: Land Identification and Initial Search
Define your purpose (residential, agricultural, commercial).
Engage a reputable real estate lawyer or firm like Chaman Law Firm.
Search for available land in your preferred location.
Verify:
Location accessibility
Proximity to roads, schools, etc.
Government interests or restrictions
Stage 2: Title Verification and Land Search
This is the most critical stage to avoid buying disputed or government-acquired land. A legal practitioner should:
Conduct a search at:
State Land Registry
Surveyor General’s Office
CAC (for company-owned land)
FIRS (to check for unpaid taxes)
Excision Gazette (for excised land)
Verify:
Ownership history
Encumbrances (e.g., litigation, mortgages)
Title documents (e.g., C of O, Deed of Assignment)
Stage 3: Land Inspection and Physical Verification
Visit the site physically.
Confirm the land matches the survey.
Inspect for:
Existing occupants or encroachment
Beacons and physical boundaries
Topography and environmental factors
Stage 4: Negotiation and Agreement
Agree on price, payment plan, and transaction terms.
Engage both parties (buyer and seller) with their legal representatives.
Draft and sign:
Land Purchase Receipt
Deed of Assignment or Deed of Conveyance
Stage 5: Documentation and Legal Transfers
After payment:
The seller issues:
Land purchase receipt
Survey plan
Executed Deed of Assignment
Other documents (e.g., Power of Attorney, if applicable)
The buyer:
Prepares for registration with the government.
4. Registration and Government Consent
4.1 Governor’s Consent
Required for the legal transfer of land in urban areas. Without it, the transaction is voidable.
Process:
File application with the State Ministry of Lands.
Attach Deed of Assignment and survey plan.
Pay consent fee, stamp duties, and registration fee.
4.2 Survey Plan and Lodgment
A Registered Surveyor must lodge the survey with the Surveyor General’s office for verification.
4.3 Land Registration
Stamp the Deed at the Stamp Duties Office (Federal Inland Revenue Service).
Register at the Lands Registry to formalize ownership.
Obtain a Registered Title or Governor’s Consent Letter.
5. Common Land Documents in Nigeria
Certificate of Occupancy (C of O): Official proof of land allocation by the Governor.
Deed of Assignment/Conveyance: Legal transfer of land rights from seller to buyer.
Survey Plan: Shows boundary, location, and size.
Excision and Gazette: Shows land released from government acquisition.
Governor’s Consent: Approval for legal transfer.
Purchase Receipt: Proof of payment.
6. Acquisition of Land by the Government
6.1 Public Purpose Acquisition
Government can acquire land for public purposes (roads, schools, infrastructure). Compensation must be paid to affected landowners.
6.2 Revocation of Rights
The Governor can revoke a right of occupancy under public interest grounds. Compensation for improvements or buildings may be paid, but not for land value.
7. Land Acquisition by Foreigners in Nigeria
7.1 Restrictions
Under the Acquisition of Lands by Aliens Law, foreigners cannot own freehold land without Governor’s consent.
7.2 Process for Foreign Acquisition
Set up a Nigerian-registered company.
Apply for land under leasehold.
Follow the standard acquisition process.
8. Challenges in Land Acquisition in Nigeria
8.1 Multiple Sales (Omonile Issues)
Same land sold to multiple buyers.
Engage legal professionals and obtain receipts and written agreements.
8.2 Land Grabbers (Ajagungbales)
Thugs who resell or forcibly take over land.
Only purchase land with proper documentation.
8.3 Government Acquisition
Land under acquisition cannot be legally owned until excised.
Verify excision status from government records.
8.4 Bureaucratic Delays
Long waiting times for Governor’s consent and title registration.
Digital processes are helping improve turnaround time in some states.
9. Legal Tips to Avoid Land Disputes
Always involve a lawyer before payment.
Don’t buy land without verifying ownership.
Insist on title documents before negotiations.
Use escrow for large transactions.
Demand receipts, Deed of Assignment, and survey plan.
Register the transaction with government authorities promptly.
10. Government Reforms and Digitization
Some Nigerian states are now digitizing their land records:
Lagos: Lands Bureau now offers online application portals.
FCT Abuja: GIS system for land records.
Kano, Kaduna, Ogun: Partnering with private firms for land automation.
This has improved transparency and efficiency in land transactions.
11. Land Acquisition in Specific Use Cases
11.1 Residential Buyers
Look for excised or titled land.
Budget for consent, stamp duty, and registration.
11.2 Agricultural Buyers
Acquire Customary Right of Occupancy via Local Government.
Leasehold titles for large commercial farming.
11.3 Commercial or Industrial Use
Land must be zoned for commercial or industrial use.
Comply with environmental impact assessments (EIA).
12. Case Study: Lagos Land Acquisition Process
Obtain Letter of Allocation or Offer Letter (for government land).
Conduct Charting at Surveyor General’s Office.
Apply for Governor’s Consent.
Pay Consent Fees, Stamp Duties, and Capital Gains Tax.
Get Land Registered at the Land Registry.
Receive your Governor’s Consent Letter and Registered Title.
Conclusion
Acquiring land in Nigeria is a legally intensive and document-driven process that requires patience, due diligence, and legal guidance. Whether you are buying for residential, commercial, agricultural, or industrial purposes, understanding the right process is vital to safeguard your investment.
From title verification to Governor’s Consent and land registration, each stage is crucial. With the right professionals by your side—particularly a trusted real estate lawyer—your land acquisition journey in Nigeria can be smooth, secure, and rewarding.
Ready to Acquire Land in Nigeria? Let the Experts Guide You!
Land is one of the most valuable investments you can make—but only when done right. The process of acquiring land in Nigeria is filled with legal steps, regulatory hurdles, and critical documentation that can either protect your investment—or expose you to serious risks.
Contact Us
At Chaman Law Firm, we specialize in land verification, title search, documentation, Governor’s consent, and full legal advisory for land acquisition across Nigeria. Whether you’re a first-time buyer, developer, investor, or diaspora client, our legal team ensures you buy land that is secure, legitimate, and properly registered.
📞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
🔐 Your Property Dream Deserves Legal Protection. Let’s Get It Right from the Start.
📢 Follow us for expert real estate tips and legal updates