Land title fraud in Nigeria costs buyers billions of naira every year. The fraud does not always come from pure deception. Sometimes it comes from vendors who genuinely do not understand that the document they are holding is not legally complete. Either way, the loss falls on the buyer.
This guide walks you through the three major title documents in Nigerian real estate, what each one means, how to verify it, and what questions to ask at each stage.
The title hierarchy in Nigerian real estate
Nigeria's land ownership system is governed by the Land Use Act of 1978, which vests all land in each state in the governor of that state. What this means practically is that no individual actually "owns" land in the traditional sense. What you can own is a right of occupancy, and the strength of that right depends on the document that grants it.
Here is how the main title documents rank from strongest to weakest:
Certificate of Occupancy (C of O)
A C of O is issued directly by the state governor and is the highest form of title available under Nigerian law. It grants the holder a statutory right of occupancy for 99 years. A C of O can be used as collateral at any bank, can be transferred to another person, and provides the fullest legal protection against adverse claims.
How to verify a C of O:
- Request the original certificate (not a photocopy). The document should have a serial number, file number, and the governor's seal or signature.
- Take the file number and serial number to the relevant state's Land Registry. In Lagos, this is the Lagos State Land Registry in Alausa, Ikeja. In Oyo, it is the Oyo State Lands Commission in Ibadan. In Ogun, it is the Ogun State Bureau of Lands and Survey.
- Request an official search using these numbers. The search will confirm whether the C of O is active, whether there are encumbrances, and who the registered owner is.
- If the search result does not match the document in your hand, the C of O is either forged or has been transferred without proper documentation.
Governor's Consent
When a C of O holder wants to sell, mortgage, or assign land to another person, the transaction must be approved by the state governor under Section 22 of the Land Use Act. This approval is called Governor's Consent. Without it, a deed of assignment is not legally valid, no matter how well it is written or how much money changed hands.
How to verify Governor's Consent:
- Ask to see both the original C of O and the deed of assignment that triggered the consent application.
- The consent document will reference the original C of O file number and the property's size and location.
- Verify at the Land Registry that consent was granted and that the transaction was registered.
- Be aware: if you are buying land where the current vendor received a deed of assignment but never obtained Governor's Consent, that assignment is legally defective and you should not rely on it.
Gazette
A Gazette is the official government notice that confirms land has been excised (carved out) from a government-acquired area and returned to a community, typically a family or village. Land sold on gazette title is technically free from government acquisition and can be transacted privately within the community.
How to verify a Gazette:
- Request a copy of the Lagos State Official Gazette that covers the specific parcel. The Gazette must reference the specific village and coordinates of the excised area.
- Confirm the Gazette has been published: it should have a volume number, edition number, and date. Gazetted notices are public records and can be verified at the Lagos State Ministry of Finance or at the Government Printer's Office.
- Confirm the plot you are buying falls within the specific coordinates described in the Gazette, not merely near them.
- A Gazette does not automatically upgrade to a C of O. Buyers of gazette land should budget for the cost of converting to a C of O, which adds legal strength to the title over time.
The search process, step by step
Once you have confirmed the type of title, here is the sequence to follow:
| Step | What to do | Time required |
|---|---|---|
| 1 | Request all original title documents from the vendor. Never accept photocopies as the basis for a decision. | Immediate |
| 2 | Engage a property lawyer to review the documents and flag any anomalies before you go to the registry. | 1 to 2 days |
| 3 | Conduct a Land Registry search. This is done officially at the relevant state registry using the file number or title number on the document. | 2 to 5 working days |
| 4 | For C of O land, confirm the survey plan beacon numbers match what is registered at the Surveyor General's office. | 1 to 2 working days |
| 5 | Physically inspect the land and confirm its boundaries match the survey description. Hire a licensed surveyor if needed. | Half day |
| 6 | If everything checks out, proceed with a properly drafted deed of assignment or contract of sale, and apply for Governor's Consent before or immediately after payment. | 2 to 6 weeks |
What a title search actually costs: A Land Registry search costs between ₦50,000 and ₦150,000 depending on legal fees. A surveyor's verification is ₦100,000 to ₦250,000. Total due diligence for a standard residential plot should run no more than ₦300,000 to ₦400,000. For a ₦5M to ₦50M land purchase, that is the most efficiently spent money in the transaction.
Red flags that should stop the conversation entirely
- The vendor cannot produce original documents, only photocopies.
- The Land Registry search returns "no record found" for the file number on the document.
- The survey beacon numbers do not appear in the Surveyor General's records.
- The person selling is not the person named on the title, and there is no registered deed of assignment explaining the transfer.
- The vendor pressures you to pay "before the price goes up" before the search is complete.
- Multiple people are involved in the "sale" of a single plot, especially if they are members of the same family.
Title verification is not complicated. It is methodical. The buyers who lose money are almost never the ones who did the work. They are the ones who trusted a handshake, a receipt, or a beautiful brochure.
Do the work. Or let someone who has done it hundreds of times do it with you.
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