Real estate investment in Nigeria is a lucrative venture, but it is riddled with risk—especially in terms of titles. Land sale scams, issues of who owns what. According to the Economic and Financial Crimes Commission (EFCC), over 70% of real estate fraud crimes in Nigeria are related to title irregularity issues.

In order to make sure your investment is safe; it is important to ensure the title of a property is genuine before purchasing. This guide offers a comprehensive, step-by-step process for property title validation in Nigeria, including major documents, red flags to watch out for, and best practices.

What Is a Property Title?

A title to property is a legal document that establishes the rights of ownership in respect of a piece of land or real property. It entitles the owner to possess, dispose of, lease, or transfer the property and also states any limitation or encumbrance applicable.

Key Characteristics of a Property Title:

1. Evidence of Ownership: Confirms the lawful owner of the property.
2. Description of the Property: Provides details like the boundaries, location, and area of the property.
3. Ownership Rights & Restrictions: Determines the owner’s rights and any limitations, including zoning laws, easements, or covenants.
4. Encumbrances: Discloses any existing claims, liens, or mortgages against the property.

Why Is Verifying a Property Title Important?

Before purchasing any property, title verification is necessary to ensure that:

• The seller is the legal owner with the right to sell according to the law.
• The property is clear of encumbrances such as unpaid mortgages, government takings, or litigation.
• The transaction is lawfully compliant with Nigerian land law and properly registered with the competent authorities.

Failing to verify a title to property can have extreme consequences, including:

• Losing the property due to fraudulent sales or ownership disputes.
• Expensive court battles to recover or determine ownership.
• Confiscation by the government of illegally acquired land.

Step-by-Step Guide to Verifying Property Titles in Nigeria

1. Determine the Ownership Status of the Land

The first thing is to find out whether the land is:

• Privately owned
• Government-owned
• Communal or ancestral land

Land conflicts are likely to arise with community-owned properties as traditional ownership systems may not be compatible with modern land registration processes. For example, a Lagos purchaser once acquired a plot only to later realize that it belonged to a local community. After a protracted court case, they lost their investment due to inadequate due diligence.

2. Perform a Search at the Land Registry

The most crucial step in verifying a property title is to conduct a land title search at the state Land Registry. This determines:

• If the property is registered or not.
• Whether there are any encumbrances (e.g., mortgages, court actions, government taking) that exist.

How to Perform a Land Registry Search:

• Submit an application to the state’s Land Registry where the property is located.
• The search process typically takes between 5 to 14 days.
• Fees vary from state to state (for instance, in Lagos, a title search would take roughly ₦15,000, while in Abuja it may be a bit higher).

3. Verify the Certificate of Occupancy (C of O)

Certificate of Occupancy (C of O) is one of the most crucial documents proving land ownership in Nigeria. It is a government document that legalizes the owner’s title to the property.

Why is a C of O Important?

• A property without a valid C of O may be under government acquisition.
• Over 2,000 properties in Abuja were demolished in 2021 due to the lack of proper title documents.

If the property lacks a C of O, proceed with caution and conduct further investigations before making any commitment.

4. Confirm the Authenticity of the Survey Plan

A survey plan is a technical document that specifies the precise location, limits, and measurements of property. To make it legal:

• Commission a third-party surveyor to verify the report against government land records.
• Have the survey plan checked at the Office of the Surveyor-General in the relevant state.

5. Obtain the Governor’s Consent

As per the Land Use Act of 1978, all land ownership transfers in Nigeria require Governor’s Consent to be valid. In the absence of this consent, the transaction may be invalid.

Procedure for Obtaining Governor’s Consent:

• The application is submitted to the State Land Bureau.
• The processing time is not fixed but generally takes 3 to 12 months, depending on the state.

Tip: Engage professionals like Olamide Oyetayo Legal to help in the smooth processing of Governor’s Consent and Certificate of Occupancy.

6. Conduct a Court Search for Legal Disputes

Apart from the Land Registry, conducting a court search helps to ensure that the property is not subject to any pending legal disputes. Visit the High Court of the state where the property is located and conduct a check on whether there is any pending litigation or dispute.

7. Engage a Property Lawyer

Due to the intricacies of Nigerian property law, it is advisable to hire a property attorney. An attorney will:

• Verify all documents for genuineness.
• Perform thorough due diligence.
• Ensure that legal requirements are met to avoid future ownership disputes.

Key Property Title Documents to Check

When buying property in Nigeria, have the seller present the following documents:

1. Certificate of Occupancy (C of O) – Confirms legal ownership.
2. Deed of Assignment – Documents transfer of ownership from seller to buyer.
3. Survey Plan – Details the measurements and boundaries of the property.
4. Governor’s Consent – Confirms government consent for the transaction.
5. Receipt of Purchase – Serves as proof of payment and transaction record.

All these documents need to be checked for genuineness in order to avoid fraudulent transactions.

Advanced Tips to Avoid Property Fraud

• Verify Seller’s Identity – Scammers usually use fake identities. Verify a few forms of ID against one another.
• Verify Third-Party Claims – There may be pending inheritance or debt claims on certain properties.
• Use an Independent Surveyor – To verify the survey plan.
• Register the Deed of Assignment – Have it formally registered at the Land Registry to finalize ownership.

Frequently Asked Questions (FAQs)

1. What documents should I verify before buying land in Nigeria?

You need to verify the Certificate of Occupancy, Deed of Assignment, Survey Plan, and Governor’s Consent to validate the legality of the transaction.

2. What does it cost to verify a land title in Nigeria?

Fees vary across states, but the cost of land title search in Lagos typically is ₦15,000–₦20,000.

3. How long do land title verifications take?

• Land Registry verifications: 5–14 days
• Governor’s Consent: 3–12 months

4. What is Governor’s Consent in Nigeria?

Governor’s Consent is consent from the state government for the transfer of ownership of property to facilitate compliance with the Land Use Act.