10 Different Land Titles You Should Know in Nigeria

Land titles are legal documents that show proof of ownership of a property in Nigeria. They are very important documents to look out for when buying land in Nigeria.  

Before purchasing any land you should be aware of the title the land has. 

A land title will confirm who truly owns the land. If there is any ongoing dispute on land, the land title would be used to sort the case.

We’ll be exploring 10 different land titles in Nigeria you should know.

1. Certificate of Occupancy

The Certificate of Occupancy, also known as the (C of O), is an important land title issued by the state government. The C of O confirms the ownership of the land and the right to occupy the land. 

The document is proof that the land has been granted to the holder and they are the rightful owners.

Once the C of O has been granted, it cannot be obtained again. This is to prevent a case of multiple people laying claims to the land. 

2. Deed of Assignment

The Deed of Assignment is another important document when it comes to land titles. This document is proof that a property’s ownership has been transferred from one party to the other. The document outlines the terms and conditions that were agreed upon for the sale of the property, like the price and the names of the buyer and seller.

The Deed of Assignment contains important details about the land, like its size, boundaries and location. In order for a Deed of Assignment to be valid, it needs to be registered at the Land Registry of the state where the land is located.

3. Governor’s Consent

The Governor’s consent is a government approval required when a land is being transferred from one owner to another. This is in accordance with the Land Use Act of 1978. A Governor’s consent keeps the government informed that the ownership of a land has been transferred legally. 

The Governor’s consent can be obtained multiple times, unlike the C of O, as possession of land can change at intervals. Any land transfer without a Governor’s consent is considered inchoate and not fully valid under Nigerian Law. 

4. Survey Plan

A survey plan is an important document that shows the boundaries, size, dimensions and features of a land. It is a graphical representation that tells the precise location and position of a land. When applying for a C of O or any other land titles in Nigeria, you need a survey plan. The Survey plan helps the government identify the position and size of the land.

A survey plan is carried out by a licensed surveyor and contains the name of the surveyor, the date it was surveyed, and the license number.

5. Excision and Gazette

Excision is the process of carving out land from a larger area that was previously under government control. The excised land can now be privately owned and free from government acquisition. These lands are mostly in rural or underdeveloped areas.

Lands that were previously under government control when excised are published in the official gazette.

Gazette is an official government record of lands that have been excised. This record is proof that the land formerly under government control is now free and can be sold or developed. Lands under a gazette are free and can acquire the necessary documentation.

6. Contract of Sale

This refers to a binding agreement or evidence that shows the terms and conditions pertaining to the sale of land. Although this document isn’t regarded as a Land title, it is an important document that proves the transaction of land between the buyer and seller. 

7. Letter of Administration

The Letter of Administration is a title that grants authority over a given property to a representative of the deceased upon their death. The representative of the deceased becomes the administrator of the land and is given the rights and control to manage the property of the deceased. They are free to make decisions concerning the property once they have been granted the Letter of Administration. The Letter of Administration usually falls to the next of kin when the deceased has no valid will. 

8. Freehold

Freehold just like the name denotes is a type of property that is free from government control. This type of property has no time limit or restrictions. They are free from the hold of the government. A freehold land is rare as most lands you find in Nigeria are usually under the government or leased through a C of O for a given period.

9. Right of Occupancy

A Right of Occupancy is almost similar to a Certificate of Occupancy but it is the right given to a community to use and occupy land legally as recognized by customary law and the Land Use Act. 

This Right of Occupancy acknowledges the rights of Indigenous people of a community or organization to lands under government acquisition. 

Although these lands are not owned outright by the community as they are still under the control of the government, they are granted to them by the local government according to customary rights of occupancy. These lands can be used for farming and also residential purposes.

10. Power of Attorney

A power of Attorney is a legal document that gives authority to someone to act on your behalf with regard to land transactions. In a situation where the owner of the land lives abroad or is unavoidably absent during the land transactions, a Power of Attorney can be used.

The Power of Attorney is executed on the wish of the landowner, and clearly states the limitations and extent to which the authority can be granted. With a Power of Attorney, a landowner can legally conduct land transactions even when they are not present.

Conclusion

Land titles are necessary when acquiring a property in Nigeria. Each title has its purpose and usage. Understanding the various titles needed when purchasing a property can help you avoid making bad investment choices. 

Whether you are buying land for personal or investment purposes, you need to know the title your property has. Ensure to also verify the land title before you make any land purchase. 

Frequently Asked Questions on Land Titles in Nigeria

What is the difference between a Certificate of Occupancy (C of O) and a Deed of Assignment?

A Certificate of Occupancy (C of O) is given by the state government and grants ownership rights to an individual to use and occupy a land. The Deed of Assignment however is a legal document that transfers ownership of a property from one person to another. 

What is the Most Important Land Title in Nigeria?

The Certificate of Occupancy (C of O) is regarded as one of the most important land titles in Nigeria as it certifies the legal ownership of land and gives the owner the right to occupy the land.

To invest in our Abuja real estate offer, Kyami Pavilion Estate, please, call +2348132794689 or send a WhatsApp message to +2348132794689.