Buying property in Nigeria can be a life-changing investment or a costly trap, and the difference almost always comes down to the title. Under the Land Use Act 1978 you never buy land outright, you acquire a right of occupancy, and a Certificate of Occupancy alone is not proof that a seller can lawfully transfer it. This guide walks you through property title verification in Nigeria step by step: the documents to demand, the official searches to run, the red flags that signal fraud, and the costs to expect, so you can buy property in Nigeria safely.
Key takeaways
- Under the Land Use Act 1978 all land is vested in the state Governor, so you never buy freehold, you acquire a right of occupancy.
- A Certificate of Occupancy is only prima facie evidence of that right, not conclusive proof of ownership, so it must always be checked against the registry.
- Property title verification in Nigeria rests on three pillars: an official Land Registry search, survey-plan charting at the Surveyor-General, and Governor's Consent in the title chain.
- Ownership passes by a consented, stamped and registered Deed of Assignment, never by a purchase receipt or a power of attorney.
- Engage a property lawyer before paying a naira, and budget roughly 8 to 15 percent of the price for closing and perfection costs.
Why title verification matters before buying property in Nigeria
Nigeria's property market is full of opportunity, but it is also one of the easiest places in the world to lose money to a bad title. Double sales, forged Certificates of Occupancy, land trapped under government acquisition and "Omo Onile" family disputes are common, and a physical document that looks perfectly official can still be worthless. That is why property title verification in Nigeria is not a formality but the single most important step in buying property in Nigeria safely.
This guide explains what you are really buying under Nigerian law, which real estate documents in Nigeria you must inspect, and the exact process to verify a land title in Nigeria before any money changes hands. It is general information, not legal advice, so always confirm the details with a qualified property expert or solicitor for your specific transaction.
Understand what you are actually buying: the Land Use Act
The Land Use Act 1978 is the foundation of every land transaction in the country. It vests all land in each state in the Governor, who holds it in trust for the benefit of all Nigerians. In practice this means private individuals do not own land outright, they hold a right of occupancy, which is a right to occupy and use the land for a defined term.
There are two kinds. A statutory right of occupancy is granted by the Governor and is usually evidenced by a Certificate of Occupancy. A customary right of occupancy is granted by the Local Government over non-urban land. Understanding this matters for property ownership verification in Nigeria, because your due diligence is really about confirming a valid, unbroken right of occupancy and the consents that make each transfer legal.
It also explains the limits of a Certificate of Occupancy. Nigerian courts, in cases such as Ogunleye v Oni, treat a C of O as only prima facie, rebuttable evidence of a right to occupy, not conclusive proof of ownership. A certificate issued over land in which someone else already holds a valid prior interest can be void, and under Section 28 the Governor can revoke it for overriding public interest. A C of O is a starting point for your land title check in Nigeria, never the finish line.
The real estate documents in Nigeria you must verify
Never accept a physical document at face value: every title paper must be matched to the government registry.
A genuine title in Nigeria is a chain of documents, not a single certificate. Ask the seller to produce each of the following, then have your lawyer confirm every one against the official records.
| Document |
What it proves |
How to verify it |
| Certificate of Occupancy (C of O) |
A statutory right of occupancy granted by the Governor over the parcel. Prima facie evidence only, and revocable for public interest. |
Official search at the state Land Registry (or online via Lagos e-GIS or Abuja AGIS) to confirm it is genuine, registered, matches the seller and is free of encumbrances. |
| Deed of Assignment with Governor's Consent |
The instrument that actually transfers the unexpired residue of the right of occupancy from seller to buyer. A stronger root of title than a C of O alone. |
Confirm it is executed, stamped, consented and registered, and that every prior transfer in the chain carries its own consent. |
| Governor's Consent |
The state approval required under Section 22 to validly sell, assign or mortgage a statutory right of occupancy. |
Check the consent endorsement on the deed and confirm it is recorded at the Lands Bureau or Land Registry for each successive assignment. |
| Survey Plan |
The exact boundaries, size and coordinates that identify the parcel. Not a title document, but essential for location and acquisition status. |
Confirm it was drawn by a Registered Surveyor and lodged at the Office of the Surveyor-General, then have it charted. |
| Excision and Gazette (community land) |
Proof that acquired land has been officially released by the Governor back to a community. |
Obtain the gazette number, confirm it at the Ministry of Lands and match the survey coordinates through a surveyor. |
| Contract of Sale or receipt |
Records price and payment and can create an equitable interest, but does not transfer legal title on its own. |
Treat as preliminary only, and insist it is followed by a registered Deed of Assignment. |
Two documents deserve special caution. A power of attorney is only a delegation of authority, not a document of title, and the Supreme Court has confirmed it does not transfer ownership even when expressed to be irrevocable. And a bare purchase receipt or "family receipt" only evidences that money changed hands. Neither can make you the legal owner.
How to verify a property title in Nigeria: step by step
Charting the survey plan at the Surveyor-General's office is the only reliable way to confirm land is free of government acquisition.
Follow this sequence to verify a land title in Nigeria and buy property safely. Do not skip a step to save time, because each one uncovers a different category of risk.
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Engage a property lawyer first, before paying any money. Only a legal practitioner can prepare the registrable deed, and your solicitor will lead the searches, verify the documents and draft or review the contract.
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Trace the documentary chain of title. Obtain the C of O, prior Deed(s) of Assignment, evidence of Governor's Consent for each transfer, the survey plan and receipts, and confirm the seller's identity and legal capacity to sell.
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Conduct an official Land Registry search at the state registry, in person or online through Lagos e-GIS or Abuja AGIS. This confirms the true registered owner and reveals encumbrances such as mortgages, liens, registered judgments and government acquisition.
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Chart the survey plan at the Office of the Surveyor-General through a Registered Surveyor, to confirm the land is free of government acquisition and not within a committed area, an excision boundary or a road or drainage setback.
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Run targeted extra searches where relevant: a Court Registry search for pending litigation, a Corporate Affairs Commission search where the seller is a company, and a Probate Registry search where heirs are selling an estate.
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Inspect the site physically with your lawyer and surveyor to confirm the land exists, matches the survey plan and has no encroachers or boundary disputes. Make neighbour and community enquiries, and for family land confirm the written consent of the family head.
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Negotiate, then execute the Deed of Assignment and pay through traceable bank transfers with receipts, using the contract of sale to record the conditions of completion.
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Perfect your title by obtaining Governor's Consent, paying Stamp Duty and registering the deed, in that order. Perfection secures your legal title, your priority over later buyers and the marketability of the property.
Red flags and common frauds to avoid
Most property fraud in Nigeria repeats a handful of patterns. Walk away, or dig much deeper, if you meet any of these:
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Sale "by power of attorney", even an irrevocable one. It does not pass ownership, so insist on a Deed of Assignment.
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A receipt as proof of ownership. A purchase or family receipt only evidences payment and leaves you exposed to competing family claims.
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Missing Governor's Consent for the seller's acquisition or any prior transfer. Without consent, a completed transfer of a statutory right of occupancy passes no legal title.
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Documents that cannot be matched to the registry. Forged or "cloned" certificates can look fully official, or be real documents for a different plot, so a physical copy is never enough.
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Land under committed government acquisition. It can never be validly owned, and only charting the survey plan reveals its status.
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Multiple or competing claimants to the same plot, including different family branches or Omo Onile groups. Double sale is one of the most common frauds and is exposed by an independent registry search.
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Pressure to pay fast, in cash, or without a lawyer. Legitimate deals allow time for a proper land title check in Nigeria and use traceable payments.
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Excised land with no verifiable gazette number, or where the survey coordinates do not match the gazette and Surveyor-General records.
Costs and timeframes to plan for
Land administration is state-based, so procedures, fees and timeframes vary. The figures below use Lagos as the reference point, but always confirm the current schedule for your state.
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Land Registry search: typically about 5 to 14 days.
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Governor's Consent: commonly several months, often quoted at 3 to 12 months.
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Perfection charges in Lagos: percentages of the property's assessed Fair Market Value, currently around 3 percent in government fees (Consent 1.5%, Capital Gains Tax 0.5%, Stamp Duty 0.5%, Registration 0.5%), plus flat neighbourhood and charting charges.
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Total buyer closing costs: roughly 8 to 15 percent of the price once professional fees are added, nearer 5 to 8 percent on a simple clean-title deal.
Registration is what protects you against a later buyer. Since the deed is registered, it gives constructive notice to the world and governs priority, so a registered interest generally defeats an unregistered or later competing one. Skipping perfection to save money is a false economy.
Frequently asked questions
Is a Certificate of Occupancy enough to prove I own the land?
No. A C of O evidences a statutory right of occupancy granted by the Governor, but Nigerian courts treat it as only prima facie, rebuttable evidence, not conclusive proof of ownership. A certificate issued over land in which someone else holds a valid prior interest can be void, and it can be revoked for public interest. You still need to confirm the seller's root of title and perfect your own Deed of Assignment through consent, stamping and registration.
What is Governor's Consent and why does it matter?
Under Section 22 of the Land Use Act, a holder of a statutory right of occupancy cannot sell, assign, mortgage or sublease it without the Governor's Consent first obtained. A completed transfer without consent passes no legal title, and banks will not accept the property as security until it is consented and registered. On a resale, "Governor's Consent" simply means a consented, registered Deed of Assignment.
How do I confirm land is not under government acquisition?
Have a Registered Surveyor take the survey plan to the Office of the Surveyor-General for charting, which cross-checks the coordinates against government mapping. This shows whether the land is free, committed, under general acquisition, excised or within a setback. Committed acquisition land can never be privately owned and must be avoided.
What are excision and gazette, and why do they matter for community land?
Excision is the Governor's act of releasing acquired land back to a community, and the Gazette is the official publication that records and proves that release, listing the community, survey plan and coordinates. The gazette is the primary legal evidence that a parcel is no longer under acquisition, and gazetted land is easier to upgrade to a full C of O. Always verify the gazette number at the Ministry of Lands.
Can a purchase receipt or contract of sale transfer ownership?
No. Neither a receipt nor a contract of sale passes legal title. A paid contract of sale can give you an enforceable equitable interest, but legal ownership transfers only through a Deed of Assignment that is consented to by the Governor, stamped and registered. Treat receipts and contracts as preliminary steps, not proof of ownership.
How long does verifying and perfecting a title take, and what does it cost?
A Land Registry search usually takes about 5 to 14 days, while Governor's Consent commonly takes several months. Lagos perfection charges are percentages of the assessed Fair Market Value, currently around 3 percent in government fees, and total buyer closing costs typically run 8 to 15 percent of the price once professional fees are included. Rates and procedures vary by state.
