What is a Deed of Assignment in Nigeria?

A Deed of Assignment is a legal document that transfers the interest (ownership rights) in a piece of land or property from one person (the assignor) to another (the assignee). It is the most common document used to record the sale of property in Nigeria. When a property owner sells their land or building, they execute a Deed of Assignment to formally transfer their rights to the buyer. The deed records the parties involved, the property description, the consideration paid, and the terms of the transfer.

Is a Deed of Assignment the same as a Certificate of Occupancy?

No — they are different documents that serve different purposes. A Certificate of Occupancy (C of O) is issued by the State Governor and represents the government's statutory right to occupy a specific piece of land for a term (usually 99 years). A Deed of Assignment is a private document between two parties that transfers the rights under that C of O from one person to another. When you buy a property, the seller assigns their interest (and the C of O) to you via a Deed of Assignment.

Does a Deed of Assignment need Governor's Consent?

Yes — under the Land Use Act 1978, any transfer of interest in land held under a Certificate of Occupancy requires the written consent of the State Governor (known as Governor's Consent). A Deed of Assignment executed without Governor's Consent is valid between the parties but is incomplete as a title document — it cannot be registered at the Land Registry and its enforceability against third parties is limited. Obtaining Governor's Consent is an essential step that most buyers overlook or defer, but it is what gives a Deed of Assignment its full legal standing.

What is a chain of assignment?

A chain of assignment (also called a root of title) is the series of successive Deed of Assignment documents showing every transfer of the property from the original titleholder to the current seller. For example: Person A holds a C of O. They sell to Person B (Deed of Assignment 1). Person B sells to Person C (Deed of Assignment 2). Person C is now selling to you. Before paying, your solicitor should review the entire chain — Deeds 1 and 2 — to verify each transfer was valid and Governor's Consent was obtained (or should have been). Gaps in the chain are a major red flag.

Deed of Assignment in Nigeria: What It Is and Why It Matters

The Deed of Assignment is the most important document in the majority of Nigerian property transactions. Yet many buyers sign one — or accept a property without a proper one — without fully understanding what it is, what makes it valid, and what it actually protects them against. This guide explains everything you need to know.

What is a Deed of Assignment?

A Deed of Assignment is a legal instrument that transfers a person's rights, title, and interest in a piece of land or property to another person. In the context of Nigerian property law, it is the standard document used to record the sale of property — the equivalent of a transfer deed in other common law jurisdictions.

When a property owner sells their land or building, they sign a Deed of Assignment as the assignor (the seller). The buyer becomes the assignee. The deed records:

The full names and addresses of both parties
A precise description of the property being transferred (often referencing the survey plan)
The consideration (the price paid)
The interest being assigned (typically the unexpired term of the C of O)
The covenants (promises) both parties make
Signatures of both parties, witnessed and dated

Deed of Assignment vs Certificate of Occupancy

These two documents are frequently confused but serve very different purposes:

Certificate of Occupancy (C of O) — issued by the State Government, it grants the original holder the right to occupy a specific plot of land for a statutory term (usually 99 years). It establishes the statutory title to the land.
Deed of Assignment — a private document between seller and buyer that transfers whatever interest the seller holds (including their C of O rights) to the buyer. It is the mechanism by which the C of O interest changes hands.

Think of the C of O as the root title — the government's stamp that the land exists and is legally allocated. The Deed of Assignment is the instrument that moves that title from person to person at each sale.

The chain of assignment

Every time a property changes hands, a new Deed of Assignment is created. The sequence of all such deeds from the original C of O holder to the current seller is called the chain of assignment (or root of title). Before purchasing any property in Nigeria, your solicitor must review the complete chain — not just the most recent deed — because:

A defect in any earlier deed affects the validity of all subsequent transfers
Missing links in the chain suggest a fraudulent or informal transaction took place
An earlier assignment without Governor's Consent (see below) creates a vulnerability in title

Demand that the seller provides every Deed of Assignment going back to the original C of O. If they cannot produce the full chain, treat this as a serious red flag.

Governor's Consent: why it is essential

Under Section 22 of the Land Use Act 1978, any transfer of an interest in land held under a Certificate of Occupancy requires the written consent of the State Governor — this is known as Governor's Consent.

A Deed of Assignment without Governor's Consent is:

Technically incomplete as a title document
Not registrable at the State Land Registry
Potentially voidable against third parties

In practice, many Nigerian property transactions are completed with an unregistered (Consent not obtained) Deed of Assignment. This is common but carries risk — particularly in cases of double-sale fraud or government acquisition. Obtaining Governor's Consent is the step that makes your Deed of Assignment fully enforceable. See our dedicated guide to Governor's Consent in Nigeria for the full process.

What makes a Deed of Assignment valid?

For a Deed of Assignment to be legally valid under Nigerian law, it must:

Be in writing (oral agreements to assign land are unenforceable)
Clearly identify both parties by full name and address
Contain an adequate description of the property (referencing the survey plan)
State the consideration (price paid)
Be signed by both the assignor and assignee
Be witnessed by at least one adult witness per party
Be dated
Be stamped (payment of stamp duty to the Federal Inland Revenue Service)

A deed that is missing any of these elements may be challenged. The stamp duty requirement is particularly important — an unstamped deed is inadmissible as evidence in court proceedings.

How to verify a Deed of Assignment before paying

Engage an independent property solicitor (not the seller's lawyer) to review the deed
Confirm the property description matches the physical plot and the survey plan
Verify the assignor's identity — confirm they are the same person named on the C of O or the preceding deed
Check the stamp duty receipt — confirm it has been stamped with the FIRS
Run a search at the State Lands Registry to confirm no adverse entries against the property
Confirm whether Governor's Consent has been obtained on all previous assignments in the chain

Common Deed of Assignment fraud in Nigeria

Fabricated deeds: A fraudster creates a Deed of Assignment with forged signatures from a legitimate C of O holder
Multiple assignments: The same property is assigned to multiple buyers — each buyer gets a seemingly genuine deed, but only the first registered one has priority
Assignment by a non-owner: A person assigns property they do not own or do not have authority to sell (e.g., one family member assigns family land without other members' consent)
Incorrect property description: A valid deed for one plot is presented as covering a different, larger, or more valuable plot

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