Proof of Land Ownership in Nigeria: 6 Important Land Documents

Owning or buying a land in Nigeria can be a complex and daunting process laced with some sort of legal challenges if one fails to do due diligence. This is why having proper documentations, as recommended by Nigerian law, protects your rights and investment in land. Without it, you risk legal battles, financial crises, and even property loss.

This blog post explores the six most important land documents in Nigeria – their purposes, requirements, and how to obtain them. Understanding these critical documents allows individuals and businesses to build a solid legal foundation for securing land ownership, mitigating risks and safeguarding their land investments long-term.

Documents for Proof of Land Ownership in Nigeria

These are the six most important documents needed for your proof of land ownership in Nigeria:

1. Certificate of Occupancy (C of O)
2. Deed of Assignment
3. Survey Plan
4. Purchase Receipt
5. Governor’s Consent
6. Land Excision

1. Certificate of Occupancy

In any land contexts across borders, the Certificate of Occupancy (C of O) is arguably the most important land document, particularly in a state with various land crises like Nigeria. It serves as legal evidence of a right of occupancy over a piece of land.

The purposes of the C of O include:

• Conferring statutory rights of occupancy on the holder.

• Enabling the holder to sell, mortgage, or transfer the land.

• Protecting the holder’s interest in the land

How to obtain a C of O, the key requirements include:

• Applying to the State Governor (for urban lands) or Local Government Chairman (for rural lands)

• Providing proof of payment of the requisite fees

• Submitting a Survey Plan of the land

• Presenting evidence of land ownership or right of occupancy

It’s crucial to have a valid C of O as it is the primary document that establishes legal ownership and rights over a piece of land in Nigeria. Without it, your claim to the land may be challenged, and you may face significant legal and financial consequences.

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2. Deed of Assignment:

A Deed of Assignment is a legal document that facilitates the transfer of ownership or interest in land from one party (the assignor) to another party (the assignee). It serves the following purposes:

• Transferring all rights, titles, and interests in a property from the assignor to the assignee.

• Legally establishing the assignee as the new owner or holder of the property.

• Providing evidence of the transfer of ownership for future reference.

To obtain a Deed of Assignment, the following requirements must be met:

• The assignor must be the rightful owner of the property, with a valid Certificate of Occupancy (C of O) or other relevant land documents.

• The assignee must be eligible to hold the property under Nigerian land laws.

• Both parties must agree to the terms and conditions of the transfer.

• Payment of applicable fees and taxes, such as stamp duties and capital gains tax (if applicable).

The process of obtaining a Deed of Assignment typically involves the following steps:

• Drafting the Deed of Assignment by a legal professional, outlining the terms and conditions of the transfer.

• Execution of the Deed by both the assignor and assignee, with witnesses present.

• Obtaining the Governor’s consent, which is a legal requirement for the transfer to be valid.

• Registration of the Deed at the relevant land registry or ministry.

It’s important to note that a Deed of Assignment alone does not confer ownership rights; it must be accompanied by a valid C of O or other appropriate land documents to establish legal ownership effectively.

3. Survey Plan:

A Survey Plan is a technical document that provides a detailed and accurate representation of a specific parcel of land. It serves the following purposes:

• • Defining the precise boundaries and dimensions of the land.

• Identifying the location of the land and its surrounding features.

• Providing a legal description of the land for use in official documents, such as the Certificate of Occupancy (C of O) and Deeds.

4. Purchase Receipt:

In the land transactions, a purchase receipt indicates that the seller has received the purchase price from the buyer after the property has been sold.

5. Governor’s Consent:

The Governor’s Consent is a legal document that grants approval for certain transactions involving land in Nigeria. It serves the following purposes:

• Authorizing the transfer, assignment, mortgage, or other dealings with land.

• Validating and legalizing the transaction to ensure compliance with relevant land laws and regulations.

• Protecting the interests of the government, which holds the ultimate ownership of land in Nigeria.

The key requirements for obtaining the Governor’s Consent include:

• Submitting an application to the relevant state government authority, typically the Ministry of Lands or the Lands Bureau.

• Providing copies of the relevant land documents, such as the Certificate of Occupancy (C of O), Deed of Assignment, or Mortgage Deed.

• Paying the prescribed fees and charges, which may vary depending on the state and the nature of the transaction.

• Submitting additional supporting documents as required, such as tax clearance certificates, proof of payment for the land, or corporate documents (for companies).

It’s important to note that the Governor’s Consent is a mandatory requirement for most land transactions in Nigeria, and failure to obtain it can render the transaction non and void.

6. Land Excision:

Last but not least, land excision. Land Excision is the process of separating or excising a portion of land from a larger parcel or estate. This might not be one of the documents you’re meant to get as a land buyer but it is important to ask the land owner if they have one especially when buying land from a family.

Here are the benefits of land excision document:

• Subdividing a larger piece of land into smaller, distinct parcels for various uses or ownership.

• Allowing for the transfer or sale of a specific portion of land while retaining ownership of the remaining area.

• Facilitating the development or utilization of a particular section of land for different purposes, such as residential, commercial, or industrial uses.

To undertake Land Excision, landowners typically need to follow specific legal procedures and obtain relevant approvals from government authorities.

In conclusion, owning or buying a land in Nigeria comes with multiple avoidable challenges but you can avert these complications by obtaining the above documents.