How to read a Nigerian property title

Certificate of Occupancy, Deed of Assignment, Governor's Consent. What each one proves, and what it does not.

Most property fraud in Nigeria does not involve a forged document. It involves a genuine document that does not prove what the buyer assumes it proves. Understanding the difference is the single most useful thing a buyer can learn.

Certificate of Occupancy

A Certificate of Occupancy, universally shortened to C of O, is issued by the state governor and grants the holder a right of occupancy, typically for ninety nine years. In Nigeria all land is ultimately vested in the state, so what you are buying is a very long lease rather than freehold in the English sense. A C of O is the strongest common form of title, and it is what we prefer to see.

Deed of Assignment

A Deed of Assignment records the transfer of an interest from one party to another. It evidences a transaction. It does not by itself prove that the person transferring had good title to transfer, which is exactly the gap that gets exploited. A deed is meaningful only when you can trace the chain behind it.

Governor's Consent

Where land subject to a right of occupancy is transferred, the governor's consent is required for that transfer to be valid. A transaction without it can be challenged. Buyers are sometimes told consent is being processed, which may be true, and may also be indefinite.

What a search actually does

A search at the state registry confirms what is recorded against the property: the registered holder, any encumbrances, and whether the instruments presented to you match what the registry holds. This is the step no buyer should skip and many do, usually because they are in a hurry or because someone they trust has vouched for the seller.

Our position

Every residence in our portfolio has had this done before it was published, by our own legal counsel, at our cost, and the result is recorded on the listing page. You are welcome to have your own solicitor repeat it, and we would think better of you for it.

Considering a purchase?

Tell us the brief and we will tell you honestly whether we can help, including when the answer is that you would be better served elsewhere.

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