Nigerian land title documents explained

Why the paper matters more than the fence

Under the Land Use Act 1978 all land in a state is vested in the governor, who grants rights of occupancy to individuals and companies. In the Federal Capital Territory the Minister of the FCT plays that role. What a buyer purchases is therefore a right over the land, and the document is the evidence of that right.

Most land losses in Nigeria happen because money changes hands before anyone looks at the document. The seller shows a fence, a signboard and a survey beacon, and the buyer pays. On Plotmarket every listing states which document the seller holds, so the conversation starts with the paper.

Certificate of Occupancy (C of O)

A Certificate of Occupancy is issued by the state governor, or by the FCT Minister in Abuja, as evidence of a statutory right of occupancy. It carries a file number, a term of years (commonly 99), the name of the holder and a survey plan.

It is the strongest single document a seller can show, but copies are forged and genuine certificates are sometimes sold twice. Always confirm the file number at the state lands registry and check that the name on the certificate is the person selling to you.

Governor’s Consent

Section 22 of the Land Use Act requires the governor’s consent before a holder of a statutory right of occupancy transfers, mortgages or leases it. When land that already has a C of O is sold, the buyer applies for Governor’s Consent, and the consent is endorsed on the Deed of Assignment.

If a seller shows a C of O in someone else’s name and a Deed of Assignment without consent, the chain is incomplete. Ask whether consent was obtained for every transfer since the certificate was issued.

Deed of Assignment

A Deed of Assignment is the contract that records a sale between the seller and the buyer. It describes the land, states the price and is signed by both parties and witnesses. It should be stamped at the stamp duties office and registered at the lands registry.

A deed is only as strong as the title behind it. A registered deed backed by a C of O with Governor’s Consent is solid. A deed from a family without any government title only records that a sale happened, not that the family had the right to sell.

Excision and Gazette

When a state government acquires land for public purposes it can later release part of it to the original community. That release is an excision. Once approved it is published in the state government Gazette with a number, the village name and the area released.

Land sold as “excised” or “gazetted” should come with the Gazette number and an excision survey. Check that the specific plot falls inside the excised area. Land outside the excision, even in the same village, remains government land.

Registered Survey

A survey plan drawn by a registered surveyor and lodged with the Office of the Surveyor General shows the exact coordinates and size of a plot. It proves where the land is, not who owns it.

A registered survey is essential for a title search and for a charting report, which shows whether the plot sits on government acquisition, a road setback or a pipeline right of way. It should accompany every other document above.

Allocation Letter

An allocation letter is issued by a government agency, an area council or an estate developer offering a plot to a named person, usually with conditions and a payment schedule. It precedes a C of O or Right of Occupancy.

On its own an allocation letter is an offer, not a title. Ask what has been paid, whether the allocation has been regularised with the state or the FCTA, and whether a Right of Occupancy has been issued.

Family Receipt

A family receipt is a purchase receipt from a family or community that holds land under customary tenure. It is common at the edges of Lagos, Ogun, Oyo and Rivers and is the weakest document on this list.

The risks are that the family does not own the land, that another branch of the family has already sold the same plot, or that the land is under government acquisition. A family receipt should be followed by a Deed of Assignment, a registered survey and an application for a C of O.

What to do before you pay

Whatever document the seller holds, the steps are the same.

• Get a copy of the document and the survey plan, and confirm the name on it matches the seller.
• Commission a title search at the state lands registry, or AGIS in Abuja, using the file number.
• Ask a registered surveyor for a charting report on the survey plan to rule out acquisition, setbacks and overlaps.
• Visit the land with the survey plan and confirm the beacons match the coordinates.
• Pay only through traceable channels, with a Deed of Assignment signed at the same time.