Property registration in Nigeria is a vital legal process that secures ownership rights and safeguards real estate investments. Governed by various laws and regulations, it involves specific steps that must be diligently followed to prevent disputes or fraudulent claims. Proper registration serves as proof of ownership, protects against illegal encumbrances, and facilitates smooth property transfers.

This guide outlines the key stages of property registration in Nigeria, referencing relevant legal authorities and case law.

1. Conduct a Search at the Land Registry

Before purchasing a property, it is essential to verify its legal status through a search at the Land Registry in the relevant state. This process reveals whether the property is free from encumbrances such as mortgages or liens. The importance of this step was underscored in Ogunola v. Eiyekole (1990) 4 NWLR (Pt. 146) 632, where the court emphasized verifying true ownership before purchase.

2. Prepare the Deed of Assignment

The Deed of Assignment is the legal instrument that transfers ownership from the seller to the buyer, as provided under Section 22 of the Property and Conveyancing Law, Cap P2, Laws of Lagos State, 2015. It must be drafted by a legal practitioner and signed by both parties, containing details of the property, parties involved, and terms of the transaction. The Conveyancing Act of 1881 also applies. In Adesoye v. Adewole (2000) 9 NWLR (Pt. 671) 127, the court stressed the importance of a properly executed Deed of Assignment.

3. Obtain the Governor’s Consent

Under the Land Use Act of 1978, all land in a state is vested in the Governor, making it mandatory to obtain the Governor’s consent before transferring any interest in land. Section 22 of the Act enshrines this requirement. In Savannah Bank v. Ajilo (1989) 1 NWLR (Pt. 97) 305, the court reaffirmed that any land transaction without the Governor’s consent is invalid.

4. Stamp the Deed of Assignment

Once executed, the Deed of Assignment must be stamped at the Stamp Duties Office before registration. Stamp duty, calculated based on the property’s value is required under Section 3 of the Stamp Duties Act, Cap S8, LFN 2004. In UBA v. Tejumola & Sons Ltd (1988) 2 NWLR (Pt. 79) 662, the court emphasized that unstamped documents are inadmissible in court.

5. Register the Deed of Assignment

The stamped deed is then registered at the Land Registry, providing public notice of the transaction and protecting the buyer’s interest. Registration of all instrument’s affecting land is a legal requirement. In Ogunbambi v. Abowab (1951) 13 WACA 222, the court highlighted that registration is essential for establishing priority of interest in land.

6. Obtain a Certificate of Occupancy (C of O)

For virgin land or government-allocated plots, it may be necessary to obtain a Certificate of Occupancy from the state government. This document confirms the holder’s legal right to use and develop the land, as provided in Section 9 of the Land Use Act, 1978. In Ogunleye v. Oni (1990) 2 NWLR (Pt. 135) 745, the court recognized the C of O as critical evidence of land ownership.

Property registration in Nigeria is a detailed legal process that demands strict compliance with statutory requirements. Engaging a qualified real estate lawyer is highly recommended to ensure accuracy and prevent costly mistakes. Proper registration not only provides legal protection but also ensures a smooth and secure transfer of property rights.