One of the biggest pitfalls for investors in Nigeria is misunderstanding land titles. A beautiful piece of land is worthless if the documentation is legally flawed. Knowing the difference between the various property documents is your first line of defense against real estate fraud.
Certificate of Occupancy (C of O)
The C of O is the most recognized land title in Nigeria. Issued by the State Government, it officially grants an individual or company the right to occupy and use a specific piece of land for 99 years. It serves as conclusive proof of ownership and prevents multiple people from claiming the same virgin land.
Right of Occupancy (R of O)
More commonly used in Abuja (FCT) and some Northern states, an R of O is a preliminary grant. It signifies that the government has granted you the right to the land, but it is usually a stepping stone before the final, statutory Certificate of Occupancy is officially processed and issued.
Governor’s Consent
Under the Land Use Act of 1978, all land belongs to the state government. When a property that already has a C of O is sold, the new buyer cannot get a new C of O. Instead, they must obtain the Governor’s Consent. This document officially notifies the state that ownership has been transferred and validates the new buyer as the legal owner.
Excision and Gazette
Historically, all land was acquired by the government. An “Excision” means the government has officially released a portion of that land back to the indigenous community or family. Once this excision is officially recorded in the government’s record book, it is known as a “Gazette.” Buying land with a Gazette is safe, as it means the land is legally free from government acquisition and you can confidently process your own C of O.
Deed of Assignment
This is the transactional document. It is the legal contract drafted by a lawyer that formally transfers the ownership rights from the seller (Assignor) to the buyer (Assignee). It contains the property description, the price, and the signatures of both parties. Even with a valid C of O, you must have a Deed of Assignment to prove you actually bought the property.
