STEPS TO TAKE WHEN BUYING LAND IN

NIGERIA
Super User16 October 2016

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Congratulations!

You’ve taken the first major step and decided to be a landowner!

The next steps are:

1. DETERMINING THE KIND OF LAND YOU WANT

What size of land are you interested in? And in what location? Instruct your agent on what you want. It is advisable to specify you do not
want any land under government acquisition.

2. BUDGET

You must also determine your budget. Price of land varies with the location of land. For example, the same plot size in Surulere will not be
the same price in Lekki. You should determine how much you are willing to spend in buying land and instruct your agent.

3. INSPECTION

When you or your agent find a possible piece of land that seems to meet your specifications, it is best to do a physical inspection of the site
to determine if the property is as described.

4. CONDUCT A SEARCH

When you find the land that meets your specifications, the next step is to conduct a search at the relevant land registry. The search is
essential to determine if vendor is the rightful owner of the land, if the title presented is genuine and the property is not under dispute and it
is not the subject of any government acquisition. Unfortunately, there have been occasions where property has been sold to an unwitting
buyer while the title of the property is still in dispute particularly where the land is family land.

To conduct a search, one usually submits an application letter to the appropriate lands registry accompanied by a sworn affidavit of the
status of the applicant and purpose of the search.

5. EXECUTION OF DEED OF ASSIGNMENT/CONVEYANCE

When you are satisfied that the title of the vendor is good, you may now execute the Deed of Assignment. Execution occurs when both
parties (buyer and seller) complete and sign the Deed of Assignment and payment is made for the land.

6. CERTIFIED TRUE COPY OF TITLE DOCUMENT AND SURVEY PLAN

Your next step is to obtain certified true copies of the vendors title documents and survey plan. You will require these two documents when
you apply for the Governors consent.

A clear proof of the identity of the land plot is needed thus the need for the certified true copy of the survey plan as approved by the town
planning authority. The survey plan gives the coordinates of the plot and must fit in the official map of the state. It also identifies the
boundaries of the property.
To get the CTC’s, you will submit an application letter accompanied with a sworn affidavit stating your purpose at the lands registry.

7. PAYMENT OF CHARTING FEE, ENDORSEMENT FEE AND FORM 1C

In Lagos State, you must pay for charting, endorsement and a Form 1C before applying for Governors consent. The fees are paid at
designated banks. A receipt is issued at the registry, together with a paying-in slip to the bank and you pay the fees with a bank draft
payable to Lagos State Government.

8. PROCESSING OF GOVERNMENT CONSENT

By virtue of the Land Use Act, all land in each state in the Federation is vested in the Governor of that state whose prior consent is
mandatory for the legal validity of any transfers or alienation of interest in landed property.

To obtain the Governors consent, you will require the following documents:
a. Covering letter
b. Completed Form 1C
c. CTC of title documents of assignor (vendor)
d. Current tax clearance certificates of you and the assignor
e. Four copies of the deed of which consent is sought
f. Copy of the approved survey plan
g. Evidence of payment of charting fee, endorsement fee and Form 1C
h. Evidence of payment of land use charge
i. A photograph of the property
j. A copy of the applicant and/or his agent’s identification
Application is made to the Directorate of Land Services.

9. NOTICE AND PAYMENT OF STAMP DUTY, REGISTRATION FEES, CONSENT FEES AND NEIGHBOURHOOD IMPROVEMENT
CHARGE

After investigation and assessment of the true value of the property, the applicant will be informed of the amount for the registration fees,
consent fees, stamp duty and capital gains tax that should be paid.

Payment of the above fees will made at designated banks by means of certified checks. Receipts will be provided to the applicant who will
make copies before submitting the originals to the land registry.

10. OBTAINING TITLE FROM THE LAND SERVICES DEPARTMENT AND STAMPING OF DEED OF ASSIGNMENT
The Honourable Attorney General and Commissioner for the State will grant consent on behalf of the Governor by signing on the submitted
deed of transfer.

The deeds are then presented for stamping at the Stamp Duties Registry including receipts confirming payment of stamp duty.

11. REGISTRATION OF DEED AND TITLE CONFERRED

The stamped deed will then be filed with the cashier at the Lands Registry with the receipts and paying-in slips evidencing payment
attached. A lands officer will be assigned to enter the deed into the registry records.

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7 Land Documents In Nigeria You Must Know Before Buying Land.
Land documents are vital thing that anyone who wants to invest his/her money in landed property must know and
understand very well. It’s a pity that only 4/10 land buyers knows and understands what this land documents really mean
and the purpose which they serve.

A lot of people think that the C of O is the only Land Document they must have or ask for before they buy any land, of
which this is very wrong. Apart from the C of O there other vital land documents you must ask for before you buy any land.

For example many people make this mistake when they buy land and won’t ask for a Deed of Assignment forgetting that
this document is a very important land document you must have when buying land because without this it means that
there was no transaction at all, no prof to show you are now the owner of the land.

7 Land Documents In Nigeria You Must Know Before Buying Land.

Do not worry follow me to the end of this article as I will try to simplify what this land documents mean so you can
understand it better.

Number #1: SURVEY PLAN

This is the land document that shows the boundary measurements of a parcel of land to give an accurate measurement
and description of that land.

Surveyors are the people who handle survey issues and they are being regulated by the office of the Surveyor General of
the state where the land is located.

A Survey Plan is a very important land document you must ask for whenever you are trying to buy a land. In fact it is the
most important because it is with this document that you will be able to know everything about the land.
 It is with a Survey Plan that you will be able to do a search to know if the land you are planning to buy is free or not.
my advice whenever you are negotiating for a land you want to buy first ask for the Survey Plan then take it to your
Surveyor to conduct a land search so as to know if the land is free from government acquisition or to know what the
zoning restrictions is.
i.e. A Survey Plan helps you to know if the land is for Agricultural, Residential, Industrial or a Commercial Purpose.
No matter how enticing or attractive a land may look, once you find out that the Land is a committed land my brother/sister
please stay away from that land don’t say because others are buy and nothing has happened yet so nothing will happen
after all this is Nigeria.
The following information’s are what makes the Survey Plan Authentic:
1. The name of the owner of the land surveyed.
2. The Address or description of the land surveyed.
3. The size of the land surveyed.
4. The drawn out portion of the land survey and mapped out on the survey plan document.
5. The beacon numbers.
6. The surveyor who drew up the survey plan and the date it was drawn up.
7. A stamp showing the land is either free from Government acquisition or not.

Number #2: EXCISION

Before now the traditional families have so much power when it comes to anything concerning land, they are the ones
who determine which land will be sold and which one they will keep.

Because of this super power they have on land, they refuse to sell lands to individuals who need it, but give it out to them
under tenancy system and which made them to still have full control over that land.
This made it very difficult for anyone who wants to buy land to get one.

Because of this and some other reasons, it finally led to the proclamation of the Land Use Decree (now Act) on the 28th of
March, 1978 that vested all lands in every state of the Federation under the control of the State Governors.

The Land Use Act coupled with other laws made it possible for the Governor who is now the owner of all lands in the state
to actually have the power to acquire more lands compulsorily for its own public purpose to provide amenities for the
greater good of the citizens.

Fortunately, the government still recognizes that indigenes of different sections of the country have a right to existence . . .
a right to the land of their birth. Hence, it is customary for state government to cede a portion of land to the original owners
(natives) of each area.

So an Excision simply means taking a part from a whole and that part that has been excised, will be recorded and
documented in the official government gazette of that state.

In other words, not having an excision means the land could be seized by the Government anytime without compensating
you even if you bought it “Legitimately” from the Baale or the Original dwellers on the land.

Hope you understand why this land document is very important before you buy any land. Because it is with this land
document that you know if the Land is FREE or Under Government Acquisition.

Number #3: GAZETTE

According to the Land Use Act all land belongs to the government so the Governor is the owner of all land even the one in
your village, and he alone will determine what to do with the land not even your Igwe, Oba or Emir.
So it is only when the Governor has taken the land he want to use that he give the remaining to the traditional family to do
whatever they want to do with it.
A good example is what happened in Oniru, before now there was nothing like Victoria Island Ikoyi and Lekki the whole
area put together was formally known as one big community called Oniru and it has an approximate total area square
meters estimate of 100,000 square meters and the government was interested in that area and decided to take 70,000
square meters for its self for its own personal use as an Urban Area or public purpose, it will record this acquisition in the
official government gazette and also record that the remaining 30,000 square meters has been left alone for the traditional
family to have and do with it whatever it pleases it to do.

So A Gazette is an Official record book where all special government details are spelt out, detailed and recorded.
A Gazette will show the communities or villages that have been granted excision and the number of acres or
hectares of land that the government has given to them.
It is within those excised acres or hectares that the traditional family is entitled to sell its lands to the public and not
anything outside those hectares of land given or excised to them.

A Gazette is a very powerful instrument the community owns and can replace a Certificate of Occupancy to grant title to
the Villagers.

A community owning a gazette can only sell lands to an individual within those lands that have been excised to them and
the community or family head of that land has the right to sign your documents for you if you purchase lands within those
excised acres or hectares of land.

If the government based on some reasons best known to them decides to revoke or acquire your land, you will be entitled
to compensation as long as it’s within the Excised lands given to that community.
 The best way to know whether a land is under acquisition or has an excision that has been covered by a Gazette is to get
a surveyor to chart the site and take it to the surveyor general’s office to do a land information search so as to confirm
whether it falls within the gazette and spell out which particular location it can be found.

The Following Are Features of a Gazette:

1. The first page of a Gazette must have the following unless it is a dubious or fake Gazette
a. The Logo of the Country and the inscription of the title “LAGOS STATE OF NIGERIA OFFICIAL GAZETTE”
b. Underneath it must have the Number, Volume, Page, Date and the Location it was signed into law e.g No 26 in pages
200 to 291, Volume 87 dated 14th of August 2011 and have the contents of the list of the Villages, Settlements and
parcels of land excised back to the community.
2. The Inner pages will show the following:
a. The description of the Area or Village excised
b. The number of Acres or Hectares of land excised to the Village
c. Where the boundaries of the beacons start and stop
d. The page the description of the Village excised is.

Number #4: CERTIFICATE OF OCCUPANCY

A Certificate of Occupancy (C of O) is a Land Document issued by the State Government to officially leases any land
under the state to you (the applicant), for 99 yrs. As already indicated above, all lands belong to the Government.

A C of O however is the officially recognized Land Document for demonstrating Right to a Land. What happens after 99
years? That question is still a subject of debate among experts.
Most have adopted a wait-and-see attitude. Others postulate that as the new owner of the land, you the buyer can renew
the certificate of occupancy when it expires. That makes sense, but for now it’s largely a case of “We shall see when we
get there”

Number #5: DEED OF ASSIGNMENT

It amazes me when I see people buy land and not ask for Deed of Assignment forgetting that this is the only Land
Document that shows you are the now the new owner of that land.

When issues arises from that land transaction this people will be the screaming that they have been duped by Omonile,
yet they can’t provide a Deed of Assignment to that transaction which means they have no claim legally.

A Deed of Assignment is one of the most important documents YOU MUST HAVE when you conclude a Land
Transaction.
A Deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property
showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land to that the
Seller that has just bought land.

The Deed of Assignment contains very pertinent information for a real estate transaction. For one, it spells out the date
when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of
the property that is included in the transfer of ownership.

Number #6: GOVERNOR’S CONSENT

Just like the it sounds a Governor’s Consent is a land document that is obtained whenever you buy a land with C of O. It’s
the land document that lets the Governor and the general public know that the land in question has changed hands.

According to Section 22 of the LAND USE ACT 1978 as amended, this states thus:
“It shall not be lawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of
occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise howsoever without
the consent of the Governor first had and obtained”
It is very important for a purchaser of land to perfect his or her document by obtaining Governors consent so as to have a
complete rest of mind.

An advantage of having a Governor’s consent is that you can transfer your land to another person without going to the
Omoniles or Family Baale to sign your deed and Form 1c which are compulsory requirements needed before you can
process Governors consent.

Number #7: RECEIPT

This land document is the list of all and is just for the seller to acknowledge that he/she has received the due money
he/she wants to sell the land.

The mistake most people make is to think the A Receipt is the same thing with A Deed Of Assignment.

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BASIC TITLE DOCUMENTS THAT YOU NEED, RELEVANT TO LANDED PROPERTY OWNERSHIP IN NIGERIA

written by Daniji Emmanuel May 1, 2017

One of the most important ways of laying claim to ownership of land as well as in any land/landed properties’ transactions is by having title
documents that are relevant and recognized by various government statues and laws on such land and landed properties.This article is
dedicated to identifying and explaining the various title documents that are relevant in any land and landed property ownership and/or
transaction in Nigeria. The presentation of any of these title documents will help make such ownership claim or transaction become legitimate
after proper verification from the appropriate government agencies in charge of all land and landed properties’ matters in Nigeria.As explained
by AdeniyiAkinjiyan a real estate investment expert in his online publication; the need for a relevant title document to support land and landed
property transaction/ownership became very important because of the complex nature of land alienation and ownership disputes in the
country.Hence, the need for a legal document recognized by government statute and law which confers title ownership status to the holder of
such land and landed property.

CERTIFICATE OF OCCUPANCY

This is the most important land title document used to certify the legal and ownership status of any land in Nigeria irrespective of its usage. It is
a legal document indicating that an owner of any land has been granted a statutory right of occupancy by the executive governor of the state
where the land situates or a customary right of occupancy by the local government chairman if the land is in a rural (non-urban) area.This
statutory right of occupancy is different from a Customary Right of Occupancy, which is usually granted by Local Government Council.

A Certificate of Occupancy is the land title document that is delivered to the owner of a piece or larger parcel of land by the government
attesting to the owner’s title to the land whose ownership is in accordance with the applicable law. Over time, users of land and financial
institutions have elevated this type of land document to be conclusive evidence of the ownership of the land described in it, to the exclusion of
any other party claiming title to the same piece of land.

Right of Occupancy (R of O)

The Land Use Act introduced the right of occupancy system in Nigeria. Right of occupancy is a right to use and occupy land in accordance with
the provisions of the Land Use Act. Right of occupancy is completely different from ownership of land known under both customary and
common laws which exists before the promulgation of the Land Use Act.

It is the right granted to an individual or corporate organization over a plot or parcel of land in an approved government layout. The right is for a
period normally, a maximum of 99 years lease is granted for residential purpose, while other uses range from 35 to 70 years depending on the
value of improvements.

It is the grant to an individual or corporate organization over a plot or parcel of land in an approved government layout. The right is normally
granted by the Governor of the state where the land is located and the Minister, in case of land under the control and management of the
Federal Capital Territory.
A certificate of occupancy is therefore the evidence of the right of occupancy. A certificate of occupancy is a document that shows that the
person disclosed there in is entitled to the right of occupancy. It must be noted that certificate of occupancy is the only method devised by the
Land Use Act which links a person to a right of occupancy.

DEED OF ASSIGNMENT/CONVEYANCE

This is a very important document that must be demanded for and given to a purchaser after the conclusion of any land/property transaction
between such purchaser/buyer and the owner/seller of the land/landed property in question.

Section 2(v) of the Conveyancing Act 1881 provides the definition of conveyance as follows: “A conveyance includes any assignment,
appointment, lease, settlement and other assurances and covenants to surrender made by deed on sale, mortgage, demise or settlement of any
property or on any other dealing with or for any property; and convey, unless a contrary intention appears, has a meaning corresponding with
that of conveyance”.

Also section 2(1) of the Property and Conveyancing Law, 1959 states that: “A Conveyance is a mortgage, charge, lease, assent, vesting
declaration and every other instrument except a will”. Conveyances are described as including “assignment, appointment, lease, settlement and
other assurance and covenant to surrender, made by deed, on a sale, mortgage, demise, or settlement of any property, or any other dealing
with of for any property”.

Conveyancing is the process by which ownership of land is transferred between a seller and a buyer. This can include both residential and
commercial land transactions.

It refers to the mutual agreement between an owner or seller of a land/landed property and the purchaser/buyer of such land/landed property
showing evidence that the owner/seller of the land/landed property has transferred all his/her ownership, interest, rights and title on the
land/landed property to the purchaser/buyer who has bought the land/landed property from him/her.

A Deed of Assignment therefore is an agreement where an assignor states his promise that from the date of the assignment or any date
stipulated therein, the assignor assigns his ownership in that Land to the assignee.

The deed contains very pertinent information for a real estate transaction. It spells out the date when the ownership of the property transfers
from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.
It is very compulsory and mandatory for a Deed of Assignment document to be recorded at the appropriate land registry to show legal evidence
as to the exchange of ownership in any land/landed property transaction in order to make the general public and government aware of such
exchange and/or transaction.

Any recorded Deed of Assignment at the appropriate land registry will be authenticated in form of either a Governor’s consent or Registered
Conveyance after it has been stamped at the Stamp Duties office.Under the Land Use Act of 1978, when parties exchange documents of sale (A
Deed of Assignment), what is being sold is the amount of time unexpired from the 99 year right of occupancy called “the unexpired residue of
the term”.

Most importantly, apart from the Certificate of Occupancy, a deed of assignment or conveyance is the most recognized document of title on
matters relating to land and landed properties’ ownership/transaction in Nigeria as it helps to trace the history of how such land and landed
property that is been transferred gets to its present owner as well as any disputes that may have occurred as to the rightful owner of such land
and landed property.

These documents (especially the Sale Agreement and the Deed of Assignment/Conveyance) must contain the names and descriptions of the
parties, proper description of the property, the agreed purchase price, the acknowledgement of receipt of that amount, the capacity in which
Vendor is selling, a Warranty that he has a right to sell in that capacity, condition that the contract shall be conditional on the obtaining of any
requisite consents to the transaction, etc.

DEED OF LEASE:

The use of Deed of Lease was quite common from the passage of the Land Use Act in 1978 to transfer property especially government properties
in Ikoyi, Surulere, Victoria Island axis of Lagos state during the mid-70s and 80s after the promulgation of the Land Use Act. These lands were
mostly federal government lands and high profile lands and it was the first foray into the issuance of the certificate of occupancies for the first
time to people.

DEED OF SUB-LEASE:

This is another relevant tile document in any land and landed property ownership/transactions. It is the legal document duly signed and stamped
indicating land and landed property transaction between a leaseholder of land sub-leasing his/her unexpired lease term to a third party.
LAND CERTIFICATE:

Thisis a document of title as to the ownership of a piece or large parcel of land issued by a government’s land registry for registered freehold or
leasehold lands in Nigeria prior to the promulgation of the Land Use Act of 1978.Land Certificate was usually issued to owners of land and landed
properties when the Property Conveyancing Law of 1959 was still in effect.

It refers to the Prima facie evidence of land ownership prior to the promulgation of the Land Use Act which vests on lands in the governor of
each state of the federation.

DEED OF MORTGAGE:

Mortgage is defined as the transfer of interest in land as security for the discharge of a debt or the performance of an obligation subject to
redemption.

It refers to a security for loan with an undertaken for repayment and cesser upon redemption.The common types of mortgage transactions are;
Legal Mortgage and Equitable Mortgage

Legal mortgage is a type of mortgage which transfers the legal interest one has/owns in land, whether leasehold or freehold in consideration for
loan advancement. It is usually created by a deed in accordance with the covenants of the mortgage contract or by use of a statutory form
resulting in perfecting of instrument by which it is created.

Equitable mortgage on the other hand is a type of mortgage that transfers merely an equitable interest in land or some other properties to the
mortgagee. It refers to an agreement to enter into a mortgage transaction but which is created on the rules of equity. Hence, a mere deposit of
title deeds in exchange of a mortgage loan without a written agreement is an equitable mortgage.

SURVEY PLAN:This is another important title document that helps to reveal the true ownership status in any land and landed properties’
transactions. It also helps to reveal if such land is not under any government acquired or committed lands/area.

In a situation where the land to be purchased by the prospective buyer is just a bare land without any improvement or building on it, it is
compulsory for the buyer to carry out a proper scrutiny on the authentication of the land survey plan at the appropriate survey ministry or
agency so as to establish the rightful owner of the land and if the land to be purchased does not fall under any known government acquired or
committed land.

Whatever title document that is presented during any land and landed property transaction by the owner/seller to the purchaser/buyer, it is
compulsory for the parties involved in the transaction to obtain the governor’s consent as well as have the document duly registered with the
appropriate government agency after completion of the transaction to make it legally binding on all parties involved in the transaction.

The land use act of 1978 makes it mandatory for a holder of right of occupancy (both actual grant or deemed grant) when carrying out
subsequent transactions on the land, to obtain Governor’s consent, either by way of assignment, mortgage, transfer of possession, sublease or
as otherwise applicable.

Always carry out a thorough search at the appropriate government lands registry to determine the true ownership status of any land and landed
property prior to final completion of the real estate transaction.