Land ownership is a serious matter, and understanding property titles is important if you’re buying or investing in real estate.
A property title is the legal documentation that proves ownership or interest in a piece of land.
Without a valid title, you could lose your investment or become entangled in legal disputes.
This is an extensive guide. You will learn all the relevant information about property titles.
First, let’s address the elephant in the room:
Why Property Titles Matter in Nigeria
Having the right title not only secures your claim but also gives you peace of mind, resale leverage, and access to financing.
Unfortunately, many Nigerians fall victim to land fraud due to a lack of understanding of how property titles work.
We hear these stories now and then. And it becomes evident that information is indeed the key.
Knowing what each document means, how they relate to each other, and how to verify them is essential before you put your money down.
Types of Property Titles You Should Know
Here are the common types of property titles in Nigeria and what they stand for:
1. Certificate of Occupancy (C of O)
The Certificate of Occupancy is one of the most recognized and influential forms of land title in Nigeria.
The state government issues it and signifies that the holder has been granted the right to occupy and use a parcel of land for a term of 99 years.
Key Features:
- Issued by the Governor of the state (e.g., Lagos State Government)
- Valid for 99 years (renewable)
- Clearly defines the land use (e.g., residential, commercial, etc.).
- Considered a registered title
Why is it important to obtain this title? Well, a C of O is often required by banks for loans or mortgages.
It gives you, as the holder, security of tenure and legally supports your right to occupy and use the land.
NOTE: You still need the Governor’s Consent if you are buying land that already has a C of O from someone else.
2. Right of Occupancy (R of O)
This title is issued mainly through local government authorities and is common in less urbanised areas.
Key Features:
- It can be statutory (granted by the Governor) or customary (granted by Local Government)
- Often a precursor to obtaining a C of O
- Usually issued in rural or developing areas
You need to obtain this title because it’s recognised by law and provides a legal basis for land possession.
You can even upgrade this document to a C of O.
This is because R of O is not as strong or recognised as a C of O in urban or competitive markets.
3. Governor’s Consent
Under the Land Use Act of 1978, no land transaction is legal without the Governor’s Consent.
Key Features:
- Mandatory for the legal transfer of land already with a C of O
- Acts as an official approval from the Governor for the sale or transfer of land
To obtain the Governor’s Consent, you generally have to complete Form 1C. That’s the prescribed form for applying for the Governor’s Consent.
You also prepare a Deed of Assignment that outlines the terms of the land transfer between the seller and the buyer.
You also need to provide a Survey Plan, a Certified True Copy of the Certificate of Occupancy (C of O), and pay the applicable fees.
Once approved, the transaction will be registered and the Governor’s Consent issued.
The issue with this property title is that it can be delayed and bureaucratic to obtain. It also requires the Deed of Assignment and other supporting documents to process.
4. Deed of Assignment (or Conveyance)
This is a legal document that transfers ownership of land from the seller to the buyer.
You need it when trying to secure the Governor’s Consent.
Key Features:
- States the name of both parties (assignor and assignee)
- Specifies the date, description, and location of the property
- Must be signed by both parties and witnessed
You also need to take this document seriously, as it serves as proof of ownership until the Certificate of Ownership (C of O) or Governor’s Consent is obtained.
The Deed of Assignment is also used for registering your interest with the government.
NOTE: The Deed of Assignment is not valid until it is registered at the Lands Registry.
5. Survey Plan
This is a technical drawing that shows the exact measurements and location of the land. The relevance of this document lies in its confirmation that the land exists and is free from encumbrances.
Encroachment has been a serious issue for many developers lately, as their projects encroach on government rights-of-way.
Key Features:
- Prepared by a licensed surveyor
- Shows land size, coordinates, and beacons
- Carries an identification number (Survey Plan No.)
The Survey Plan is required for obtaining a Certificate of Occupancy (C of O) or Governor’s Consent.
So it can’t be overlooked.
The only limitation is that it must be verified with the Office of the Surveyor-General. For example, in Lagos, it is located at 133 Obafemi Awolowo Way, Ikeja.
6. Excision and Gazette (Excision Title)
In Lagos and other parts of Nigeria, much of the land is under government acquisition. However, communities can apply to have parts of their land “excised” back to them.
That’s the essence of this property title.
Key Features:
- Excision is the legal transfer of land by the government to indigenous peoples.
- A Gazette is the official government record of all excised lands
This becomes necessary because land under excision can be legally sold and titled. And, once gazetted, it becomes eligible for a C of O.
However, untitled excised land remains risky until formal documentation is completed.
7. Freehold vs Leasehold Titles
A freehold title gives you, as the holder, permanent ownership. This one is quite rare, especially in Nigeria, due to the Land Use Act.
On the other hand, Leasehold is a common title under the Land Use Act (e.g., a Certificate of Occupancy is a lease for a term of 99 years).
We mention these titles on this list because understanding the type of title affects how you use, transfer, or develop the land.
Other Title Documents You Should Know
Some of these documents are also essential to be aware of. When you’re dealing with a lawyer, your knowledge of the existence of these documents will be helpful:
- Deed of Mortgage: Used to transfer interest in land as security for a loan. The lender holds the interest until the loan is repaid.
- Power of Attorney: It authorises you to act on behalf of the owner. It is handy for land sales, especially when the owner is unavailable.
- Grant of Probate: Issued by a court to allow the execution of a deceased person’s will, including land inheritance.
- Contract of Sale: This is the initial agreement between the buyer and the seller. It’s not proof of ownership, but it outlines the terms of sale.
How to Verify a Property Title in Nigeria
If you’re serious about investing your money in real estate, you need to roll up your sleeves or hire someone who will do the legwork properly. For the property titles we’ve discussed, these are practical steps to verify them:
1. Ask for All Title Documents, and Scrutinise Them
Don’t just collect the “papers.” Ask specifically for:
C of O, Deed of Assignment, Survey Plan, Governor’s Consent (if it’s a resale), or Excision Letter/Gazette (for lands in developing areas).
Then you now compare names. Does the name on the C of O match the seller’s name?
If there’s a Deed of Assignment, is it stamped and registered?
If the name doesn’t match the seller, they should provide a valid Power of Attorney, Grant of Probate (if inherited), or a previous Deed of Assignment to prove the transfer.
2. Conduct a Search at the Land Registry
Head to the Lagos State Land Registry (Alausa) or any relevant state’s land registry, depending on what part of the country you are in. Apply Land Search.
Note that, for this, you’ll need:
- A copy of the property document (e.g., C of O or Deed)
- A formal application letter
- Pay a search fee
This search tells you if the land is genuinely registered, if there’s a government acquisition or encumbrance (loan, court order, etc.), and the true legal owner.
3. Verify the Survey Plan
Take the survey plan to the Office of the Surveyor-General. They’ll run it through their system to confirm the land’s coordinates.
This is to determine whether it falls within government-acquired zones or within a designated area (land you can’t legally purchase).
The costs for this vary, but you can confirm at the office, and it is worth every kobo.
4. Do a Physical Site Inspection
Visit the land.
Look for possession signs. Is anyone already claiming ownership of the land?
Especially keep in mind those Omo-Onile activities. If locals are involved, meet the Baale or family reps. Get receipts of payments already made (if any) to avoid double charges.
5. Hire a Property Lawyer
Don’t wing it. An experienced property lawyer will know what to spot in fake or manipulated documents, and will help draft or review your Deed of Assignment.
Avoid “agent lawyers.” Get a real one.
Final Words
The nucleus of property titles is that you should always do your due diligence and work with professionals.
Now that you know the key documents involved, never skip the legal steps.
It’s better to spend time and money on verification than lose your investment to fraud.
