Confused about land documents in Nigeria? This guide explains the Certificate of Occupancy, Deed of Assignment, Governor’s Consent, and other title documents every land buyer must know.
One of the most common questions first-time land buyers ask is: “Which document proves I truly own this land?” The answer is not always straightforward because Nigeria has several types of land title documents, each carrying different levels of legal protection. Getting this wrong can cost you your entire investment, which is why understanding land documentation is not optional but essential.
At Rodufad Real Estate, we have guided hundreds of Nigerians through the documentation process. In this article, we break down every major land document you need to know about before making a purchase.
The Land Use Act of 1978
All land in Nigeria is technically owned by the government under the Land Use Act of 1978. What individuals and companies own is the right to occupy and use the land, evidenced by a title document. Understanding this is the foundation of everything else in Nigerian property law. When you buy land in Nigeria, you are not buying absolute ownership — you are acquiring a right of occupancy, which can be for up to 99 years under a Certificate of Occupancy.
Certificate of Occupancy (C of O)
The C of O is the highest form of land title in Nigeria. It is issued by the state government and grants the holder the statutory right to occupy a piece of land for 99 years. It is the most secure document you can have and is widely accepted by banks for mortgage purposes, making it invaluable for anyone who may want to use their land as collateral for a loan in the future.
Obtaining a C of O involves a formal application to the state government, payment of prescribed fees, and a survey of the land. The process can be lengthy, but the protection it offers makes it well worth pursuing.
Governor’s Consent
When a property with a C of O is sold to a new buyer, the new owner must obtain the Governor’s Consent to make the transfer legally binding. Without the Governor’s Consent, the transaction is not fully recognised by law, even if money has exchanged hands and a Deed of Assignment has been signed. Many buyers are unaware of this requirement and find themselves in legal limbo years after completing a purchase.
Always budget for Governor’s Consent as part of your total acquisition cost when buying land that already has a C of O.
Deed of Assignment
A Deed of Assignment is a legal document that transfers ownership of land or property from one party to another. It is commonly used for properties that do not yet have a C of O. While it offers some protection, it is legally weaker than a C of O and should always be accompanied by other supporting documents, such as a registered survey plan and the vendor’s original title.
A properly drafted Deed of Assignment should clearly identify the parties involved, describe the property in detail, state the purchase price, and include warranties from the seller confirming their right to sell.
Registered Survey Plan
A survey plan defines the exact boundaries and dimensions of a piece of land. A registered survey plan has been filed with the state Surveyor-General’s office, making it an official government record of the land’s location and size. Without a registered survey plan, you cannot accurately determine what you are buying or defend your boundaries against encroachment.
Always insist on a registered survey plan, not just any survey plan, before completing a land purchase. A registered plan will have a file number that can be verified at the Surveyor-General’s office.
Excision
Excision is the process by which the government releases a portion of land from government acquisition and makes it available for private ownership. Communities and villages in Lagos often apply for the excision of their land so that individual members can obtain proper title. Land with gazetted excision is generally safer to purchase than land without it, as it confirms the government has formally released the land from acquisition.
Registered Conveyance
A registered conveyance is an older form of title document used under the English Property Law before the Land Use Act of 1978. Properties with registered conveyance are still valid and can be converted to a C of O. If you encounter a property with only a conveyance document, seek legal advice before proceeding.
Power of Attorney
A Power of Attorney is not a title document — it simply authorises one person to act on behalf of another in a transaction. Some fraudulent sellers use fake Powers of Attorney to sell land they do not own. Always verify the authenticity of any Power of Attorney with a qualified lawyer before accepting it as part of a land transaction.
Which Document Should You Accept?
In order of preference, a C of O with Governor’s Consent is the gold standard. A Deed of Assignment with a registered survey plan and a clear chain of title is acceptable but requires additional due diligence. A Power of Attorney alone is never sufficient. Avoid purchasing land with no documentation whatsoever — no matter how convincing the seller’s story.
How Rodufad Protects Its Clients
At Rodufad Real Estate, every property we sell comes with proper documentation and a transparent chain of title. We guide our clients through the entire process — from initial purchase to final title perfection — ensuring that every transaction is fully protected by law. Our team works closely with qualified property lawyers and surveyors to verify all documents before they reach our clients.
We believe that a well-documented land purchase is the foundation of a secure financial future. That is why we never cut corners on documentation, regardless of the price point.
Have questions about land documentation? Reach us at info@rodufadgroup.com or visit our office at 17B Collins Onabule Crescent, Diamond Estate, Magodo Phase 2, Lagos.