Different Types of Land Titles and Documents Available in Nigeria

Land titles and documents in Nigeria
BY Godswill Igbokwe October 7, 2024

It is not enough to own a piece of land, you must understand the land titles and documents available in Nigeria. This knowledge will protect you from making avoidable mistakes. It will also save you valuable resources.

Land ownership in Nigeria is a complex issue. There are different types of titles and documents involved. Understanding these titles and documents is crucial for dealing with Nigeria’s land transactions. 

This blog article will provide an overview of the different types of land titles and documents available in Nigeria.

Before we dig in, let us look at how these documents came to be. The documents now used for land transactions were established after the Land Use Act of 1978. 

What is the Land Use Act?

The Land Use Act is an Act to vest all land comprised in the territory of each State (except land vested in the Federal Government or its agencies) solely in the Governor of the State.

The Governor of the State would hold such land in trust for the people. He would subsequently be responsible for allocating land in all urban areas to individuals resident in the State and to organizations for residential, agricultural, commercial, and other purposes. In contrast, similar powers concerning non-urban areas are the responsibility of the Local Governments.

How Was Land Business Done Before the Land Use Act of 1978?

Prior to the Land Use Act of 1978, land business was done in the following ways;

1. The customary

The customs and traditions of various communities guided how land business was transacted. The Chief, Obas, community, or family head was responsible for holding the land in trust for family or community use.

2. The non-customary

This was mainly operational in the then Lagos Colony. It was based on the received English Law. this law vested the land in the British Queen but also allowed for either freeholding or lease holding with tenured occupancy.

3. The Special native

This system was mostly operational in Northern Nigeria. This system put the land under the control of the Governor for the use and benefit of the Natives of the Region.

After the Land Use Act of 1978, different types of land titles and documents were introduced in Nigeria. This blog article will explore these documents so that you are better informed while carrying out any real estate transaction.

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What Are the Land Documents Available in Nigeria?

Land documents in Nigeria refer to the various legal instruments or documents that are used to establish, transfer, and convey land or ownership rights in Nigeria. These documents are important. 

They ensure that land transactions are conducted legally and that the rights of both buyers and sellers are protected. Below are the types of land documents commonly used in Nigeria

1. Land Purchase Receipt

This is a regular receipt or document reflecting the receipt of payment for a particular land. The receipt contains the name, signature, and address of the purchaser and the vendor as well as the date of the transaction.

A land purchase receipt is issued by the vendor to the buyer upon the sale of a property. The receipt, however, may not be relevant where the clause for receipt is contained in the document transferring the land.

2. Certificate of Occupancy (C of O)

A certificate of occupancy is a legal document issued by the government to indicate that the holder has the legal right to own and use a particular parcel of land. 

The C of O is issued by the State Government of the State where the land is located. 

3. Right of Occupancy (R of O)

Right of Occupancy is a less secure form of land title than the C of O. It is issued by the state government and grants the holder the right to occupy and use the land for a specified period. 

The R of O is not renewable upon expiration. Unlike the C of O, it has an expiration period.

4. Deed of Assignment

A deed of assignment is a legal document that transfers ownership rights from the current owner (assignor) of a land to the new owner (assignee). It is usually drafted by a legal practitioner and is registered at the Land Registry.

It’s a crucial instrument in Nigerian land transactions, particularly when dealing with Certificates of Occupancy (C of O) or Rights of Occupancy (R of O).

A Deed of Assignment in Nigeria includes the parties involved, a description of the property, consideration, and covenants. It also contains a clear that the assignor is transferring all rights, title, and interest to the assignee.

5. Deed of Gift

A deed of gift is a legal document used to transfer ownership rights from one person (Donor) to another (Donee) without any monetary consideration. 

It is often used in cases where a parent wants to gift a piece of land to a child, relative or any other person. It can be used to transfer ownership of a parcel of land permanently to another person.

Of all the types of land titles and documents available in Nigeria, this one does not require any monetary transaction.

6. Power of Attorney 

This is a legal document that authorizes a person to act on behalf of another person in matters relating to land transactions. Power of attorney is often used when the owner of a parcel of land is unable to act by himself in a property transaction. 

In the case of a power of attorney, the person giving the authority or power is called the donor while the person to whom the authority or power is given is called the donee.

7. Survey Plan

This is one of the land titles and documents available in Nigeria. A survey plan is a document that shows the exact measurements and boundaries of a piece of land. It is used in cases where a land transaction is being carried out. 

A survey plan is usually drawn by a Registered Surveyor and attached to a deed of assignment or conveyance, or a power of attorney.

8. Contract of Sale of Land

A contract of sale of land is one of the many land titles available in Nigeria for land transactions. It is an agreement between two parties in which one party agrees to sell a piece of land, and the other agrees to buy it for a specific price.

The contract of sale of land is used by parties to agree on some terms before reaching the final stage of the land transaction. The preparation of a contract of sale usually precedes the preparation of the Deed of Assignment.  
It is not a registrable instrument and must be accompanied by other title/land documents on the property.

9. Governor’s Consent

This is a document the state government gives through the consent of the governor that allows the transfer of land from one person to another. It is required for the transfer of land that is subject to certain restrictions.

The types of property transactions that require a Governor’s consent include Assignment Mortgage, Sublease, Lease,  and Gift.

10. Gazette

This is a government publication that lists all land transactions that have been approved by the state government. A gazette is your government-approved title to a piece of land or a house.

11. Grant of Probate and Letter of Administration

Among the different land titles and documents available in Nigeria, these ones are unique. A grant of probate is a document derived after proving the will of a deceased person through inheritance in the probate registry. 

It is usually granted to executors of a Will. The document vests all the assets contained in the will onto the executors, who are sometimes the recognized legal owners of the property in law and have powers to transfer or deal with the land/property of the deceased person

Similarly, a letter of administration vests the property left behind by a deceased person on the administrators of a specific estate. This document becomes handy when the deceased left no will before his death. It also suffices where the Will did not provide executors or where the Will has become invalid for any reason

12. Deed of Mortgage

This is a document used in Mortgage transactions. It is used in mortgage transactions to show the transfer of land or property. This transfer happens between the mortgagor (borrower) to the mortgagee (lender). 

The deed of mortgage is a temporary transfer. This is because once the loan amount and the interest accrued have been fully paid, the mortgagor shall be entitled to retrieve his property back from the lender.

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13. Judgement of Court

In Nigeria, the legal interests in several properties have been transferred from one person to another through the decisions of various courts

The judgment of a court is one of the different types of land titles and documents you can find in Nigeria. It is an essential document that may affect or transfer an interest in a specific property from one person to another. 

Buying real estate in Nigeria is a delicate process. It requires the services of an experienced real estate lawyer. The titles of some property documents are so complicated, and you may need a lawyer to clarify the details. A lawyer also plays the role of conducting due diligence in respect of any property before purchase.

Do you desire to buy land in Epe, Ibeju-Lekki or Enugu, send a WhatsApp message to +2348134794494

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