There are various land documents in Nigeria affecting the transfer of land ownership and legal interest in a property. A prospective buyer of land must be acquainted with appropriate land documents relevant to the property to be purchased. All documents are not mandatory or relevant to a single property, an appropriate document for any proposed property transaction will be determined by the nature or circumstances of the property to be purchased. Below, I will briefly explain some of the relevant documents for land or property transaction in Nigeria.

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LAND PURCHASE RECEIPT

A land purchase receipt is a normal receipt or document reflecting the receipt of payment for a particular property or land. Usually, vendors issue a receipt to the buyer upon the sale of a property. However, the receipt may be obviated where the clause for receipt is contained in the document transferring the land.

CONTRACT OF SALE OF LAND

The contract of sale of land is used by parties to agree on some terms before the finalization of the transaction. It is relevant when any property is to be purchased by anyone. It is not a registrable instrument and must be preceded with other document transferring title in the applicable property.

SURVEY PLAN

A survey plan is used to show the location and size of landed property. With the descriptions and coordinates on the survey document, it is easier to check or search from the office of the Surveyor-General whether the land is actually under any government acquisition or not.

DEED OF ASSIGNMENT

Deed of Assignment or Deed of Conveyance is used in sales transactions to permanently transfer a landed property from the seller (also known as assignor) to the buyer (also referred to as the assignee). It may be drafted by the assignor and reviewed by the assignee or vice versa.

CERTIFICATE OF OCCUPANCY (C of O)

C of O is usually issued by the state government, indicating that a person has been granted a right over a parcel of land or property. State governments also give it to the allottees of the government’s land. An Individual who subsequently takes over land by way of sale from a holder of a Certificate of Occupancy does not require a new certificate of occupancy but rather a deed of assignment with the Governor’s Consent.

DEED OF MORTGAGE

Deed of mortgage is actually used in mortgage transactions to show that land or property has been transferred from the mortgagor (borrower) to the mortgagee (lender). It is a temporary transfer in the sense that the mortgagor shall be entitled to retrieve this property back from the lender when the total loan amount, together with the accrued interest, has been paid.

DEED OF GIFT

It is a document that proves that land or property has been gifted from one person (Donor) to another (Donee). A deed of gift can be used to transfer interest in a landed property permanently.

GRANT OF PROBATE

A grant of probate is a document derived after proving the Will of a deceased person through inheritance in the probate registry. The document vests all the assets contained in the will into the executors of the estate, who are now recognized legal owners of the property in law. After the owner of any property has become late, all the property’s documents of such person are no longer valid to transfer any interest in the assets left behind by him or her. The Probate will now be the only recognized legal documents to prove the title to such property.

LETTER OF ADMINISTRATION

The letter of administration also vests the property left behind by a deceased person into the administrators of a specific estate. It is usually granted to the personal representatives of a deceased person where the deceased left no Will before death or where the Will has become invalid for any reason.

ASSENT

Assent is a legal document used to vest an interest in a specific estate into the beneficiaries of an estate or any third-party buyer by the executors or the administrators of the estate. It is always accompanied by a copy of a grant of probate or letter of administration.

JUDGEMENT OF COURT

The judgment of a court is another essential document which may affect or transfer an interest in a specific property from one person to another. In Nigeria, the legal interests in several properties have been transferred from one person to another through the decisions of various courts. When property ownership has been derived through litigation or any property has been subjected to a lawsuit, it is essential to examine the full decision of the court in respect of such property by obtaining a copy of the judgement.

In conclusion, buying real estate in Nigeria is a delicate process that requires the services of an experienced real estate lawyer. The titles of some property documents are so complicated, and a lawyer may be required to conduct due diligence in respect of such property. 

Furthermore, lawyers are required to prepare and review all the necessary documents. Under Nigerian law, no interest can be transferred in real estate without appropriate documentation.

Copied from: Tope Babade & Co (Real Estate Consultants), https://topebabadeandco.estateagentsng.com/