OVERVIEW OF LAND TITLES IN NIGERIA

Land titles in Nigeria are legal documents that serve as evidence of ownership or rights to land or property. The proper documentation of land titles is essential for validating land transactions, securing loans, and resolving disputes. Nigeria's land title system is governed by the Land Use Act of 1978, which centralizes land ownership under state governments.

Below, we delve into the various types of land titles in Nigeria, their significance, and the processes involved in acquiring them.

CERTIFICATE OF OCCUPANCY (C of O)

The Certificate of Occupancy, commonly referred to as C of O, is one of the most important land titles in Nigeria. Issued by the state government, it certifies that the holder has the right to occupy and use the land for a specified period. For private individuals, this period is typically 99 years. The C of O includes vital information such as the plot number, location, size, and purpose of the land. It is the most recognized document for establishing legal ownership of land in Nigeria.

The process of obtaining a C of O involves several steps, including application submission, land survey, assessment of the land by government officials, and payment of required fees. It is not applicable in all cases; it is usually obtained on land or property allocated directly by the government.

DEED OF ASSIGNMENT

A Deed of Assignment is another essential land title document in Nigeria. It is used to transfer ownership of land from one party to another. This document contains detailed information about the transaction, including the names of the parties involved, the agreed purchase price, and the terms and conditions of the transfer. It serves as proof that the ownership of the land has been legally transferred from the seller to the buyer.

To be valid, a Deed of Assignment must be registered at the Land Registry of the state where the land is located. This registration process involves stamping the deed and ensuring it is recorded in the government's records. Proper registration of the Deed of Assignment protects the buyer's interest and prevents fraudulent claims on the land.

GOVERNOR'S CONSENT

Under the Land Use Act of 1978, the transfer of land requires the consent of the state governor. This is known as the Governor's Consent. The purpose of this requirement is to ensure that all land transactions are legal and that the government is aware of changes in land ownership. Obtaining the Governor's Consent involves submitting an application to the state's Land Bureau, along with relevant documents such as the Deed of Assignment and evidence of a root title.

The process of obtaining the Governor's Consent can be lengthy and involves paying various fees. However, it is a critical step in securing legal recognition of the land transaction. Without the Governor's Consent, any transfer of land ownership is considered invalid or inchoate under Nigerian law. The governor's consent can be obtained on a deed of assignment or a deed of legal mortgage.

SURVEY PLAN

A Survey Plan is a detailed map of a parcel of land, showing its boundaries, dimensions, and geographical features. This document is prepared by a licensed surveyor and is essential for any land transaction. The Survey Plan helps to identify the exact location and size of the land, preventing disputes over boundaries.

The Survey Plan includes information such as the name of the surveyor, the date of the survey, the surveyor's license number, and a description of the land. It is crucial for landowners to ensure that their land is properly surveyed and that the Survey Plan is accurate. An inaccurate or fraudulent Survey Plan can lead to significant legal issues and disputes.

EXCISION AND GAZETTE

Excision is the process of converting land that was previously under government control, such as forest reserves or other public lands, into private-use land that can be privately owned. Once land is excised, the details are published in the official government gazette. This serves as an official record that the land has been released from government control and can now be owned and developed privately.

Obtaining an excision is a complex process that involves several steps, including application submission, land survey, assessment by government officials, and publication in the Gazette. Once the excision is granted, the landowner can proceed to obtain a C of O and other necessary documents to formalize their ownership.

DEED OF MORTGAGE

A Deed of Mortgage is used when land is used as collateral for a loan. This document details the terms of the mortgage, including the amount of the loan, the interest rate, the repayment schedule, and the rights of the lender in case of default. The Deed of Mortgage serves as a legal agreement between the landowner (the borrower) and the lender, providing security for the loan.

The Deed of Mortgage must be registered at the Land Registry to be legally binding. Registration ensures that the mortgage is recorded in the government's records and provides protection for the lender.

POWER OF ATTORNEY

A Power of Attorney is a legal document that authorizes someone to act on behalf of the landowner in land transactions. This document is often used when the landowner is unable to be present to handle the transaction themselves, such as when they are out of the country or otherwise incapacitated.

The Power of Attorney must be properly executed and registered to be valid. It specifies the extent of the authority granted to the representative and the duration of the authorization. Proper use of a Power of Attorney ensures that land transactions are conducted legally and following the landowner's wishes.

GRANT OF PROBATE AND LETTER OF ADMINISTRATION

The grant of probate or letter of administration (LA) is a title derived upon the demise of the original owner of a property. When a person dies, the title of the property of such person automatically devolves government (usually a Chief Justice of the State). The personal representatives of the deceased person must apply for a grant of probate (in case the deceased wrote a valid will) or LA in the case of a person who died intestate. These documents are critical land titles derived from the estates of deceased persons.

CONTRACT OF SALE

A contract of sale is an intermediary land document. It is not treated as a land title per se; however, it shows evidence that a land or property transaction has actually occurred between two persons. Many property buyers rely on this contract pending the period they can execute or perfect their deed of assignment.

CONCLUSION

Land titles in Nigeria are essential for establishing legal ownership, preventing disputes, and securing loans. The various types of land titles, including the Certificate of Occupancy, Deed of Assignment, Governor's Consent, Survey Plan, Excision and Gazette, Deed of Mortgage, Power of Attorney, and Grant of Probate, each serve specific purposes in the land transaction process. Proper documentation and adherence to legal requirements are crucial for protecting landowners' rights and ensuring the legality of land transactions. Understanding these land titles and their significance is vital for anyone involved in land transactions in Nigeria.

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By Real Estate Law Team at Resolution Law Firm

Email: [email protected]

WhatsApp/Tel: +2348099223322

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