Land Ownership Laws in Nigeria: What Every Buyer Should Know

1. Overview of Land Ownership in Nigeria

Land ownership in Nigeria is governed primarily by the Land Use Act of 1978, which vests all land within a state in the hands of the Governor. The law aims to standardize land ownership and reduce disputes. Under this law:

• Individuals or entities can only hold occupancy rights, not outright ownership.

• These rights are categorized as Statutory Rights of Occupancy (for urban areas) and Customary Rights of Occupancy (for rural areas).

2. Key Types of Land Titles

Understanding the types of land titles is essential to secure your investment:

1. Certificate of Occupancy (C of O):

   • Issued by the state government, it grants the holder the right to occupy and use the land for 99 years.

2. Deed of Assignment:

   • A legal document transferring land rights from one party to another. It must be registered at the Land Registry.

3. Survey Plan:

   • A detailed map that shows the boundaries and coordinates of a piece of land, prepared by a licensed surveyor.

4. Governor’s Consent:

   • Required for any subsequent transfer of land after the initial C of O. Without it, a land transaction is considered invalid.

5. Excision:

   • Indicates that the government has released a portion of land for private ownership, particularly in areas previously classified as communal or government-owned.

6. Gazette:

   • An official record indicating that a specific area has been excised for private ownership.

3. Common Challenges in Land Ownership

1. Omo Onile (Land Grabbers):

   • In some areas, local families or communities claim traditional ownership, demanding illegal payments from buyers.

2. Double Allocation:

   • Cases where the same piece of land is sold to multiple buyers.

3. Fraudulent Documents:

   • Fake or incomplete titles presented during transactions.

4. Unregistered Land:

   • Land without proper documentation or legal backing, making it vulnerable to disputes.

4. Steps to Secure Land Ownership in Nigeria

1. Conduct a Search at the Land Registry:

   • Verify the authenticity of the land title and ensure there are no encumbrances, such as mortgages or disputes.

2. Hire a Qualified Surveyor:

   • Obtain a valid survey plan to confirm the boundaries and location of the land.

3. Engage a Real Estate Lawyer:

   • Ensure all transactions, agreements, and documents are legally binding and aligned with Nigerian property laws.

4. Obtain the Necessary Approvals:

   • If buying a land with a prior C of O, apply for the Governor’s Consent to validate the transaction.

5. Register Your Land:

   • Complete the registration process at the relevant state’s Land Registry to secure your legal rights.

5. Tips for Buyers

• Avoid verbal agreements: Insist on documented and signed contracts.

• Beware of too-good-to-be-true deals: Low prices often indicate issues with the land.

• Work with licensed professionals: Always involve certified surveyors, lawyers, and real estate consultants.

• Understand zoning laws: Ensure the land’s intended use aligns with government-approved purposes (residential, commercial, agricultural).

6. Why Proper Documentation Matters

Investing in properly documented land ensures:

• Legal protection in case of disputes.

• High resale value.

• Ease of obtaining loans or mortgages using the land as collateral.

7. Infoquest Realty: Your Trusted Partner

Navigating Nigeria’s land ownership laws can be overwhelming, but you don’t have to do it alone. At Infoquest Realty, we:

• Conduct thorough due diligence to verify land titles.

• Provide professional guidance from start to finish.

• Help you secure your investment with peace of mind.

Contact us today to begin your journey to hassle-free land ownership!