If you’re planning to buy land or invest in real estate in Nigeria, understanding the Must-Have Land Titles in Nigeria is not just important; it’s essential. Land titles determine ownership, legality, and the level of risk involved in any property transaction.
In this blog post, we’ll break down the most common land titles in Nigeria, what they mean, and how they affect your property rights. This guide is especially helpful for first-time buyers, investors, and anyone looking to buy land in places like Ibadan, Lagos, Abuja, Ogun, and beyond.
1. C of O – Certificate of Occupancy
A state-issued legal document confirming your right to occupy, use, and develop a specific parcel of land. Grants a 99-year leasehold (renewable) from the government, not outright ownership (all land is ultimately held by the state under Nigeria’s Land Use Act).
And it’s exclusively granted by the Governor of a state (e.g., Oyo State Government for Ibadan land).
Why the C of O Matters
Government Recognition: The C of O is the government’s stamp of approval that you’re the rightful occupier, and it’s the most important among the land titles in Nigeria. This overrides competing family or “omo onile” claims. And land with a valid C of O is typically excluded from future government acquisition (e.g., for roads or public projects).
Enables Financing: Banks accept C of O as strong collateral for loans (mortgages, construction finance). Without it, securing funding for development is nearly impossible.
Reduces Legal Risks: A C of O is the highest evidence of title in court. And its essential for selling/transferring land because buyers and agents prioritize C of O properties.
Development Security: You can confidently build, knowing the government recognizes your rights. Required for government approvals (e.g., building permits).
2. Governor’s Consent
The Land Use Act (1978) states that all land in a state is vested in the Governor as trustee for the people. When land under a C of O is sold, leased, or transferred, the Governor (as ultimate owner) must consent to the change of ownership.
This is not optional – it’s a legal requirement under Section 22 of the Land Use Act.
Why Governor’s Consent Matters
Legal Validity: Without consent, the sale is legally incomplete. The new buyer’s ownership won’t be recognized by the state. Even with a signed Deed of Assignment, the transaction remains pending until consent is granted.
Protection Against Reversal: The previous owner could theoretically reclaim the land (e.g., in a dispute), since the state never approved the transfer. Banks/investors will reject the land as collateral because the previous owner can still come back to claim it.
Future-Proofing Your Investment: You cannot sell, mortgage, or develop the land legally without the Governor’s Consent. Government projects (road expansions, acquisitions) may exclude you from compensation if records show the prior owner.
Avoiding Void Transactions: Nigerian courts routinely invalidate land sales lacking the Governor’s Consent. Example: If you build a house on such land, a lawsuit could force demolition or forfeiture.
3. Registered Survey Plan
A survey plan is a legally binding document prepared by a licensed surveyor that shows the exact location (coordinates), shape, and size (in square meters/hectares) of the property.
Defines the boundaries with physical beacons (concrete pillars/metal pins) and references nearby landmarks (roads, plots, streams).
These physical beacons include unique identifiers such as A survey number, plot number, and date of survey.
Why a Registered Survey Plan Matters
Verifies Land Status: The registered survey plan is cross-checked at the Surveyor General’s Office and Lands Bureau (Alausa) to confirm if the land falls within government-acquired territory. If it’s earmarked for future projects (e.g., road expansion, power lines). Without this check, you risk buying acquired land that can be reclaimed by the government without compensation.
Prevents Boundary Disputes: Physical beacons placed by the surveyor stop neighbors or omo onile from encroaching on your land. Serves as evidence in court if disputes arise.
Exposes Fraud: Confirms the seller actually owns the land they’re selling. Reveals if the same plot has been sold to multiple buyers (double-selling).
Required for Legal Transactions: Essential for processing Governor’s Consent, Certificate of Occupancy (C of O), or bank loans. Needed to apply for building permits from the urban planning authority.
Do You Want To Know How You Can Buy Land In Ibadan With Peace Of Mind? Read It Here
4. Deed of Assignment
This is a legally binding contract that formally transfers ownership rights (title) of a property from the seller (Assignor) to the buyer (Assignee).
It serves as the proof of sale and documents the transaction terms (price, parties, property details). It contains the title history (the land’s ownership lineage) from the root.
And includes warranties that the seller owns the land and has the right to sell it.
Why the Deed of Assignment Matters
Mandatory for Ownership Transfer: Without it, the sale is legally invalid even if you paid cash or took possession. It is the primary document used to apply for Governor’s Consent (the state’s approval of the transfer).
Evidence in Disputes: Protects against double-selling or future claims by the seller’s family/heirs. Used in court to prove ownership if omo onile or others challenge your rights.
Foundation for Land Perfection: Banks require it for mortgages and need to register the land in your name at the Lands Registry.
Historical Clarity: Lists all previous owners, helping verify the land’s legitimacy and references supporting documents (e.g., survey plan, prior C of O).
5. Excision and Gazette
What is Excision?
Excision is a legal process where the state government formally carves out (excises) a portion of land from an area previously acquired for public use and returns it to the indigenous community or family as freehold.
Example: The Oyo State Government might excise 100 hectares from a 500-hectare Acquired Land parcel, releasing it to the original owners.
What is a Gazette?
The gazette is the official government publication (like a legal bulletin) that records the excision. It includes a survey map of the excised area, the names of beneficiary families/communities, the purpose (e.g., residential use), and a unique Volume/Page number (e.g., Oyo State Gazette No. 20, Vol. 5, Page 11 (2010)).
Why Excision & Gazette Matter
Shields Against Government Reacquisition: Land not excised can be seized by the government anytime for roads, schools, etc., with zero compensation. An excised/gazetted land is removed from acquisition maps and can’t be evicted.
Legal Proof of Ownership: The gazette is the only evidence that excision occurred. Families may sell paper excisions that don’t exist officially. Without a gazette, claims of excision are legally worthless.
Enables Secure Titles: Only gazetted land can get a Certificate of Occupancy (C of O) or Governor’s Consent. Banks accept gazetted land as collateral for loans.
Reduces Omo Onile Risk: The gazette identifies the legitimate land-owning families, making it harder for impostors to extort you.
6. Agreement and Receipt
These are the least important land titles in Nigeria. They are the informal, non-state documents used in traditional/family land sales, typically involving a handwritten or typed contract signed by family representatives (Baale, family head, or committee).
And Proof of money paid to the family/community, often listing the plot location and payer details.
Final Thoughts on Must-Have Land Titles in Nigeria
When buying property in Nigeria, always verify the land titles in Nigeria. Land may look attractive and cheap, but if the title is not genuine or recognized by law, you risk losing your investment.
Ready to start your secure land journey in Ibadan?
Contact our team today. We offer comprehensive services – from identifying genuinely vetted properties to managing the entire due diligence and legal process, shielding you from the stress and pitfalls.
Contact Odiana Homes and Properties LTD for a free consultation in any property in Ibadan.
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