By Oluwafemi Davies, Nigeria MLS Properties
One of the most avoidable ways to lose money in Nigerian real estate is to sign documents without understanding what they mean, or to complete a transaction without obtaining all the documents you should. This guide covers every document that matters in a Nigerian property transaction — what it proves, what it costs, and what happens if you skip it.
The Document Hierarchy in Nigerian Property
Nigerian property documentation follows a hierarchy. At the top is the root of title — the original government grant. Below that are the instruments that record subsequent transfers. Understanding where each document sits in this hierarchy helps you spot gaps in a chain of title.
Certificate of Occupancy (C of O)
The Certificate of Occupancy is the primary statutory title document in Nigeria. It was established by the Land Use Act of 1978, which vested all land in Nigeria in the state governors. A C of O grants the holder a right of occupancy over a specific parcel of land for up to 99 years.
What it proves: That the state government has granted a specific person (or company) the statutory right to occupy a defined parcel of land for the term specified.
What it does not prove: That the land is free of all encumbrances (mortgages, court orders), or that it has not been subsequently transferred to someone else. A land search at the registry is still required to confirm current status.
Cost to obtain (new grant in Lagos): ₦200,000–₦2 million depending on the land size and location, plus processing time of 6–18 months through the Lands Bureau.
Governor’s Consent
Under the Land Use Act, any transfer of a C of O from one person to another requires the Governor’s Consent. Without Governor’s Consent, the transfer is not legally complete. The buyer has equitable title — meaning a court would likely recognise their right — but not legal title. This creates exposure in any dispute.
What it proves: That the state government has officially approved the transfer of the C of O to the new holder.
Cost (Lagos): The Governor’s Consent process in Lagos involves stamp duty, consent fees, development levy, and processing fees that typically total 3–8% of the assessed value of the property. This is one of the largest transaction costs in Nigerian property and is the reason many buyers skip it — and regret it.
Deed of Assignment
A Deed of Assignment is the document that records the transfer of interest in a property from seller to buyer. It is drafted by lawyers and executed by both parties. It should then be submitted to the Land Registry for registration, and Governor’s Consent obtained for the transfer to be fully perfected.
What it proves: The agreed terms of the transfer between seller and buyer, including purchase price, property description, and the nature of the interest being transferred.
A Deed of Assignment without Governor’s Consent: This is equitable title only. It is better than nothing but weaker than full legal title in a dispute. Many transactions in Lagos operate at this level — the consent perfection is pending or has been intentionally skipped to save the cost.
Survey Plan
A survey plan is a technical document prepared by a licensed surveyor that defines the physical boundaries of a parcel of land. It shows coordinates, area (in square metres or hectares), dimensions, and the location of boundary beacons on the ground.
What it proves: The physical extent and boundaries of the land being transacted. Essential for confirming that what you are buying is what you think you are buying.
Registered vs unregistered survey plans: A survey plan filed with the Surveyor General’s office is the more authoritative form. Unregistered plans exist — produced by licensed surveyors but not submitted to the government — and while they may accurately describe the land, they have less legal weight.
Deed of Sublease
Where a developer holds a long C of O (99 years) and sells individual units or plots from within it, the buyer typically receives a Deed of Sublease — a lease for a portion of the original tenure (e.g. 95 years) carved out of the developer’s title. This is common in planned estate developments.
A sublease is valid and secure title provided the root of title (the developer’s C of O) is genuine and the terms of the sublease are properly documented.
Registered Conveyance
Pre-dating the Land Use Act, registered conveyances were used to transfer freehold ownership. They are still encountered in older properties in Lagos, Port Harcourt, and other urban centres where land was held in freehold before 1978. A registered conveyance in a pre-LUA property can still be valid root of title.
The Full Document Chain: What You Need as a Buyer
| Document | Essential? | Who Holds It | Approximate Cost |
|---|---|---|---|
| Certificate of Occupancy (root of title) | Yes | Original grantee → seller | State-set fees on original grant |
| Previous Deed(s) of Assignment (chain) | Yes | Seller holds all prior deeds | Included in prior transaction legal fees |
| Governor’s Consent on prior transfers | Yes (ideally) | On each deed | 3–8% of assessed value per transfer |
| Survey Plan | Yes | Seller holds original; Surveyor General has filed copy | ₦50,000–₦200,000 for new plan |
| New Deed of Assignment (your transaction) | Yes | Both parties | 2–5% of property value in legal fees |
| Governor’s Consent (your transaction) | Yes (don’t skip) | Land Registry after perfection | 3–8% of assessed value |
| Land Search Certificate | Yes (due diligence) | Buyer (for records) | ₦15,000–₦30,000 |
TitleSecure™ — Verify the Document Chain Before You Pay
The problem for most buyers is that they receive documents from the seller, look at them, and assume they are genuine. A forged C of O can pass casual inspection. A cancelled title document looks the same as a valid one to a non-specialist.
TitleSecure™ by Nigeria MLS Properties verifies the document chain against the Land Registry and LandVerify database. Basic verification (₦25,000) confirms authenticity, registry status, and ownership. Full verification (₦50,000) adds encumbrance check, acquisition status, and a verification certificate.
Frequently Asked Questions
Can I buy property in Nigeria with just a Deed of Assignment and no C of O?
You can, but you are accepting a weaker title position. Without a C of O as the root of title, the chain of ownership is not anchored in a statutory grant. This makes the title more vulnerable to challenge. In practice, many properties in older Lagos estates do not have individual C of Os — the developer holds a master C of O and buyers receive deeds of sublease. This is acceptable if the root title is verified.
Why is Governor’s Consent so expensive in Lagos?
The Lagos State Government uses the consent process as a revenue mechanism. The fees — including stamp duty, consent fee, development levy, and administrative charges — are set by the state and are percentage-based on the assessed property value. For a ₦100 million property, consent fees can total ₦5–₦8 million. This cost is a real transaction overhead that must be budgeted for.
What is the difference between a Deed of Sublease and a Deed of Assignment?
A Deed of Assignment transfers the full interest the seller holds (whatever its nature) to the buyer. A Deed of Sublease carves out a portion of a longer leasehold interest — the buyer holds a lease for a specified period shorter than the seller’s full tenure. In practice, the difference matters most in estate developments where a developer holds a 99-year C of O and sells individual plots or units on subleases of 90 or 95 years.
Do I need a survey plan if I am buying an apartment?
For an apartment, the survey plan typically relates to the entire building site — held by the developer. You will receive an allocation document or a deed describing your specific unit. You should still confirm the building site’s survey plan is valid and registered, as this is part of the root of title for your unit.
Verify Your Documents with Nigeria MLS
Before any property transaction in Nigeria, verify the documents. Nigeria MLS Properties makes this straightforward with TitleSecure™ — available on every sale listing directly from the property page.
Start a TitleSecure™ verification or browse Nigeria MLS Properties for verified listings with full documentation available.