Nigerian property law is governed by the Land Use Act of 1978 — legislation that fundamentally changed how land ownership works and introduces concepts that confuse buyers to this day.

The Land Use Act: The Foundation

The Land Use Act vested all land in each state in the Governor, to be held in trust for the people. No Nigerian truly "owns" land in the western freehold sense — what you acquire is a right of occupancy for a specified period (typically 99 years).

Certificate of Occupancy (C of O)

The gold standard of Nigerian land title. Issued by the State Governor, it confirms a statutory right of occupancy for the land described.

  • Specific to a parcel of land — verify the description matches what you're buying
  • Has a term (usually 99 years from issue date)
  • Can be mortgaged, transferred, or subleased — but Governor's Consent is required for transfers
  • Verify authenticity at the State Land Bureau/Registry

Governor's Consent

Section 22 of the Land Use Act requires the Governor's consent for any assignment, mortgage, or sublease of a statutory right of occupancy. Without it, your title is "equitable" not "legal" — less legal protection. The consent process can take months and involves fees.

Deed of Assignment

The document that transfers ownership from seller to buyer. It must be drafted by a qualified lawyer, signed by both parties before witnesses, stamped by FIRS, registered at the Land Registry, and endorsed with Governor's Consent.

The Documents Checklist Before Any Purchase

  • ✅ C of O or R of O (original, not photocopy)
  • ✅ Current tax clearance on the property
  • ✅ Survey plan (signed, registered)
  • ✅ Building plan approval (for developed property)
  • ✅ Previous Deeds of Assignment (chain of title)
  • ✅ Governor's Consent on previous transfers
  • ✅ Land Registry search result (not older than 3 months)