Land Document Types in Nigeria: C of O, Deed of Assignment & Governor's Consent Explained

One of the most common sources of property fraud in Nigeria is confusion — or deliberate misrepresentation — around land documents. Not all title documents carry the same legal weight, and a seller presenting an unfamiliar document as “equivalent” to a C of O is a major red flag. This guide explains each document type plainly.

1. Certificate of Occupancy (C of O)

A Certificate of Occupancy is the strongest form of land title in Nigeria. It is issued by the state government under the Land Use Act (1978) and grants the holder a statutory right of occupancy — typically for 99 years — over a specific piece of land.

Key characteristics:

• Issued directly by the state government (Governor's office or Ministry of Lands)
• Grants a 99-year leasehold interest (renewable)
• Gives the holder the right to develop, mortgage, and transfer the land
• Can be verified at the relevant state Land Registry
• The highest-value title — most banks will accept it as collateral for a mortgage

When you see it: Demand it on any land purchase. If a seller cannot produce a C of O or explain clearly why one does not yet exist (e.g. government land recently allocated), treat it as a warning sign and seek legal advice before proceeding.

2. Deed of Assignment

A Deed of Assignment is a legal document that transfers ownership (or an interest) in land from one party to another. It is not issued by the government — it is a private legal agreement between a buyer and a seller.

Key characteristics:

• Transfers the seller's interest in the land to the buyer — but only the interest the seller actually holds
• Must be perfected: after a Deed of Assignment is executed, Governor's Consent must be obtained for the transfer to be fully legally effective
• Without Governor's Consent, the Deed of Assignment is an equitable interest only
• Can be verified by searching for the transaction at the state Land Registry (in Lagos: the Lagos State Land Registry at Alausa)

When you see it: A Deed of Assignment alone is not sufficient. Always confirm whether Governor's Consent has been obtained — and if not, who will bear the cost and timeline of obtaining it.

3. Governor's Consent

Under the Land Use Act, all land in Nigeria is technically vested in the state government. Any transfer of land that has a C of O therefore requires the consent of the state Governor before it is legally effective. This consent is evidenced by an endorsement on the Deed of Assignment.

Key characteristics:

• Required for any transfer of C of O land between private parties
• Applied for after the Deed of Assignment is executed
• Takes 3–12 months to obtain in most Nigerian states (Lagos can be faster if facilitated)
• Attracts government fees (typically 3–5% of the land value in Lagos)
• Without it, the buyer's title is not perfected

Practical note: Always clarify before purchase whether Governor's Consent is already in place. If it is not, ensure the cost and timeline for obtaining it is reflected in the price negotiation.

4. Deed of Conveyance

A Deed of Conveyance was the predecessor to the C of O framework on pre-Land Use Act land. It transferred freehold ownership under the old title system. On land acquired before 1978, a Deed of Conveyance may still be the root title document — though the land should ideally have been converted to a C of O since then.

• More common in older urban areas (Lagos Island, old Ibadan city)
• Represents freehold — not subject to the 99-year leasehold limitation
• Can be converted to a C of O through the state Land Registry
• Always verify the chain of title back to the original conveyance

5. Gazette / Excision

A Gazette refers to a government publication that confirms an excision — the formal carving-out of a portion of land from government ownership and its allocation to a community or individuals. Land that has been “excised and gazetted” is eligible for a C of O and is legally transferable.

Land that has not been gazetted — often described only as “family land” or “omo onile” land — carries significant legal risk. Without a gazette, the government can reclaim the land without compensation at any time.

6. Survey Plan

A Survey Plan is not a title document — but it is an essential supporting document. It is a technical drawing produced by a licensed surveyor that identifies the exact boundaries, area, and coordinates of a piece of land. All property transactions should include a current survey plan.

Always ensure the survey plan is:

• Signed and stamped by a licensed surveyor
• Filed with the relevant state Survey Authority
• Confirmed to be free of government acquisition (obtainable at the survey office)

Document checklist when buying land in Nigeria

Before any land purchase, confirm you have or can verify:

1. ✓ A C of O in the seller's name (or a clear title chain leading to one)
2. ✓ A signed and stamped Survey Plan
3. ✓ Governor's Consent on any prior Deed of Assignment
4. ✓ A Land Registry search confirming no adverse encumbrances
5. ✓ Confirmation the land is not under government acquisition

Read our full property due diligence guide for buyers in Nigeria for step-by-step instructions on conducting a title search and engaging a solicitor.

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