Every year, Nigerians abroad lose money, sometimes significant money buying land they never legally own. Not because the law is unclear, but because distance makes it easy to skip the steps that protect a buyer: verifying the seller actually has title, checking the land isn’t already sold to someone else, and confirming government consent is in place before money changes hands.
How to buy property in Nigeria from Abroad: A diaspora guide to avoiding fraud & securing your title
This guide exists to close that gap. It won’t make you a lawyer, but it will make you a buyer who cannot be easily deceived, someone who knows what questions to ask, what documents must exist before money moves, and where the common traps sit.
The core problem in one sentence
Most diaspora land fraud isn’t sophisticated, it succeeds because the buyer wasn’t there to ask the questions a local buyer would ask, and no one asked those questions on their behalf.
2. Understanding Nigerian Land Title
Land ownership in Nigeria operates under the Land Use Act of 1978, which vests all land in each state in the Governor, to be held in trust for the people. In practice, this means individuals don’t own land outright in the way you might expect from a freehold system — they hold a Right of Occupancy, evidenced by specific documents.
The documents that actually matter
- Certificate of Occupancy (C of O) — the strongest evidence of title, issued by the state government
- Governor’s Consent — required to validly transfer an interest in land; without it, a transfer is not complete in the eyes of the law
- Deed of Assignment — the document that records the transfer of interest from seller to buyer
- Survey Plan — describes the exact boundaries and coordinates of the land
- Excision / Gazette — for land carved out of government acquisition, proof it was legally released
- A seller who cannot produce these documents, or who offers excuses for why they’re “still in process,” is not automatically dishonest but the burden is on you to verify before you pay, not after.
3. Due Diligence: The Non-Negotiables
Due diligence is the single most important phase of any land purchase, and it is the phase most often skipped or rushed by diaspora buyers working through relatives or informal agents. At minimum, before any money changes hands:
1. Conduct a search at the relevant State Lands Registry to confirm the title is genuine and registered to the seller.
2. Verify the land is free of encumbrances — no existing mortgage, no pending litigation, no competing claim.
3. Confirm the land is not subject to government acquisition or committed to a road/utility right-of-way.
4. Physically inspect the land (in person, or through a trusted, independent representative — never solely through the seller’s agent).
5. Confirm the identity of the seller matches the name on the title documents.
6. If the seller is a family or community, confirm all principal family members have consented — a sale by one family member without the others is a common source of later disputes.
Why this matters more for diaspora buyer
Fraudulent sellers specifically target buyers who cannot easily visit the land or the registry themselves. A local lawyer conducting due diligence on your behalf closes that gap, this is the single highest-value service a lawyer provides in this transaction.
4. Governor’s Consent, Explained
Under the Land Use Act, any assignment, mortgage, or transfer of a Right of Occupancy requires the consent of the Governor of the state where the land is located. A transaction completed without this consent is not fully valid, regardless of how properly the other paperwork was handled.
In practice, many transactions proceed to a Deed of Assignment being signed and money changing hands before Governor’s Consent is obtained or even applied for. This is common but it is also the point where diaspora buyers are most exposed, because a seller can, in theory, deal with the same land again before consent is perfected.
What you should insist on
- The application for Governor’s Consent should be initiated promptly after the deed is signed not left indefinitely.
- Your lawyer should be the one filing and tracking the consent application, not the seller’s representative.
- You should receive documentary proof once consent is granted, not a verbal assurance.
5. The Deed of Assignment
The Deed of Assignment is the legal instrument that transfers the seller’s interest in the land to you. It should be drafted (or at minimum reviewed) by your own lawyer — not adopted wholesale from a template the seller’s side provides.
What a properly drafted deed should contain
- Full, correct legal names and addresses of both parties
- An accurate description of the land, matching the survey plan
- The purchase price and confirmation of payment
- Covenants — the seller’s guarantees about title, e.g., that they have the right to sell and the land is free of encumbrances
- Proper execution — signed, witnessed, and (where applicable) sealed in line with Nigerian legal formalities
- The deed should then be stamped and registered. An unregistered deed offers materially weaker protection if a dispute arises later.
6. Buying Without Being There: Power of Attorney
Most diaspora buyers cannot be physically present for every stage of a transaction inspections, registry searches, document signing, follow-up with government offices. A Power of Attorney (POA) allows you to appoint a trusted representative, ideally your lawyer, not a relative or unlicensed agent to act on your behalf for specific, defined purposes.
A POA should be scoped, not blanket
Avoid signing over broad, undefined powers. A well-drafted POA names the specific acts your representative can perform conducting searches, signing specific documents, receiving specific correspondence and nothing beyond that.
Where the POA is being used to allow someone to sign a Deed of Assignment on your behalf, it should itself be properly executed, and in many cases notarized, to be accepted by the Land Registry and other institutions.
7. Red Flags — Common Scams Targeting Diaspora Buyers
- Pressure to pay quickly, especially with claims that “another buyer is interested” genuine sellers rarely need to rush a diaspora buyer who is doing proper due diligence.
- A seller who discourages you from engaging your own independent lawyer, or insists you use “their lawyer” for both sides.
- Titles that cannot be independently verified at the Lands Registry, or a seller who is evasive about a search being conducted.
- Land sold by a “community” or family representative without documented consent of other principal members.
- Requests to pay the full purchase price before any due diligence, inspection, or documentation review has taken place.
- Prices significantly below the going rate for the area — often a sign the “seller” does not actually hold clear title.
- Reluctance to put agreements in writing, or resistance to formal registration and stamping of documents.
8. A Realistic Transaction Timeline
Timelines vary by state and by how quickly Governor’s Consent is processed, but a realistic, properly conducted transaction typically unfolds as follows:
- Weeks 1–2: Initial due diligence — registry search, encumbrance check, physical inspection.
- Weeks 2–3: Negotiation and drafting of terms; engagement of your own lawyer if not already retained.
- Weeks 3–4: Execution of the Deed of Assignment and payment, once due diligence is satisfactory.
- Weeks 4–12+: Application for and grant of Governor’s Consent, followed by stamping and registration.
- Buyers who are told a full transaction — search through registered title — can be completed in a matter of days should treat that as a warning sign, not a convenience.
9. Costs to Budget For
Beyond the purchase price itself, budget for the following, which together typically run to a meaningful percentage of the land’s value:
- Legal fees for due diligence, drafting, and transaction management
- Governor’s Consent fees (state-dependent)
- Stamp duty
- Registration fees at the Lands Registry
- Survey fees, if a fresh survey is required
- Agency fees, where an agent is involved
- Diaspora buyers are sometimes quoted a purchase price with these costs left out, only to be surprised later. Ask for a full cost breakdown before committing.
10. Final Checklist
Use this before you send any money. If you cannot check every box, do not proceed.
- Title document requested and reviewed (C of O / prior Deed of Assignment)
- Independent search conducted at the State Lands Registry
- Land confirmed free of encumbrances, litigation, and competing claims
- Land confirmed not subject to government acquisition
- Physical inspection conducted (in person or via an independent representative)
- Seller’s identity verified against title documents
- Family/community consent confirmed, where applicable
- Own independent lawyer engaged (not shared with, or suggested by, the seller)
- Deed of Assignment drafted or reviewed by your lawyer
- Power of Attorney properly scoped and executed, if used
- Full cost breakdown obtained (fees, consent, stamping, registration)
- Governor’s Consent application filed and tracked
- Deed stamped and registered after consent is granted
11. Working with Us
This guide gives you the framework, but every transaction has its own facts, and the highest-risk moments in a land purchase are rarely visible from outside. Olamide Oyetayo & Co. works with diaspora Nigerians across the UK, US, and beyond to conduct due diligence, draft and review documents, manage Governor’s Consent applications, and act under Power of Attorney where needed.