C of O, Deed of Assignment, Governor's Consent: Every Nigerian Property Document Explained
Most property disputes in Nigeria are not about money. They are about paper.
Two people hold documents. Both paid. Both believe they are owners. The court's job is to decide whose paper is stronger — and the answer usually turns on technicalities the buyers never understood at the time.
This guide explains every document you are likely to encounter, what it proves, what it does not prove, and how to verify it. Read it once before your next transaction and you will negotiate from a completely different position.
Certificate of Occupancy (C of O)
What it is: The state government's formal grant of a right of occupancy over a specific piece of land, typically for 99 years. It is issued by the Governor and registered at the State Land Registry.
What it proves: That the government recognises a named person or entity as the lawful occupier of that land. It is the strongest ordinary evidence of title in Nigeria.
What it does not prove: That the person showing it to you is the current owner. A C of O is issued once, to one holder. If that holder sold the land three times since, the C of O still bears the original name. This is why a C of O alone is never sufficient in a resale.
How to verify: Note the file number, the plot and block description, and the survey coordinates. Instruct your lawyer to conduct a search at the State Ministry of Lands against that file number. Confirm that the description matches the survey plan and the physical land.
Common trap: A photocopy of a genuine C of O for a nearby plot, presented as though it covers the plot being sold. Always match the survey coordinates.
Deed of Assignment
What it is: The legal instrument that transfers a right of occupancy from one party (assignor) to another (assignee). It names both parties, describes the property, states the consideration paid, and is signed by both parties and witnessed.
What it proves: That a transfer took place, on stated terms, on a stated date.
What it does not prove: That the transfer is legally perfected. An unregistered, unstamped deed is weak evidence and may be inadmissible for certain purposes.
How to verify: Confirm the assignor's authority — do they hold the underlying title, or a valid Power of Attorney? Then ensure the deed is:
- Stamped at the relevant revenue authority (stamp duty paid)
- Registered at the Land Registry
- Backed by Governor's Consent where the underlying land is held under a statutory right of occupancy
The critical point most buyers miss: Getting a Deed of Assignment is not the end of the process. It is the middle. Registration and consent complete it.
Governor's Consent
What it is: Under the Land Use Act, where land is held under a right of occupancy, any transfer, mortgage or sublease requires the Governor's approval. The consent is endorsed on the deed.
What it proves: That the transfer complies with the statutory requirement and cannot be challenged on that ground.
Why it matters enormously: A transfer without consent is legally vulnerable. Many buyers hold a signed Deed of Assignment, believe the matter is closed, and discover years later — usually when trying to sell, mortgage or defend the property — that their title was never perfected.
Practical reality: Obtaining consent takes time and money. It involves application, assessment, charges, and processing that can run for months. Many sellers avoid it. Many buyers accept that avoidance to save cost.
Our advice: Begin the consent process immediately after purchase, while the seller is still available and cooperative. Consent applications require the seller's involvement. If they relocate, become uncooperative or pass away, your position becomes far harder.
Excision and Gazette
What they are: Large portions of land in Nigeria are under government acquisition. Excision is the process by which government formally releases a portion back to the original landowning community. The Gazette is the official government publication that records this release, identifying the village, the area excised, and the plan number.
What they prove: That the community holding the land has a legitimate, government-recognised right to deal with it.
Why this matters: If you buy community or family land that has not been excised, you are buying land the government still holds. It may be taken at any time with limited or no compensation to you.
How to verify: Ask for the Gazette number, volume, page and the survey plan number. Then verify at the Ministry of Lands that the plot in question falls within the excised portion — not merely within the general village area. Land can be partly excised, and sellers are not always precise about which part.
Survey Plan
What it is: A technical drawing prepared by a registered surveyor showing the exact boundaries, dimensions, coordinates and beacon numbers of a plot, along with its relationship to known reference points.
What it proves: Precisely which piece of land is being discussed. Every other document refers back to it.
Additional value: A registered survey plan, when charted at the Surveyor-General's office, reveals whether the land falls under government acquisition or committed areas.
How to verify: Confirm the surveyor's name and registration number. Have an independent surveyor chart the plan and confirm the beacons physically on site. Boundaries on paper and boundaries on the ground must agree exactly.
Deed of Sublease / Deed of Lease
Common in estate developments where the developer holds a global title. You receive a sublease for your unit or plot rather than a separate C of O.
What to check: That the developer's global title is genuine and unencumbered, that the sublease term is long, and that the estate's own documentation and approvals are in order.
Power of Attorney
What it is: A document authorising one person to act on behalf of another — often used when an owner is abroad or when a developer sells on behalf of a landowning family.
What to check: Whether it is irrevocable and whether it specifically grants the power to sell. A general Power of Attorney that does not clearly authorise sale is not a substitute for the owner's signature. Where the donor has died, an ordinary Power of Attorney generally lapses.
Contract of Sale, Receipt and Allocation Letter
These are supporting documents. They evidence a transaction or an allocation within a scheme. None of them is title. A receipt proves you paid someone money. It does not prove they owned what they sold.
The document hierarchy, simplified
From strongest to weakest as evidence of ownership:
- C of O in your own name, or a registered Deed of Assignment with Governor's Consent
- Registered Deed of Assignment without consent — real, but imperfect
- Deed of Sublease from a developer with a verified global title
- Excised land with Gazette and a proper family deed
- Unregistered deed or agreement — weak
- Receipt and purchase agreement only — very weak
- Verbal arrangement — nothing
The rule that matters most
Documents you can verify are worth more than documents you can hold.
Anything can be printed. Anything can be laminated. Anything can be presented in a smart folder. Only the registry can confirm.
If a seller resists verification, the resistance itself is your answer.
How we work
At Amiworld Properties Ltd, we insist on clean, verifiable documentation before a property is listed. We hand you the documents to take to your own lawyer, and we explain every page in plain language before you sign anything.
Have a document you'd like reviewed, or a title you want verified? Call or WhatsApp 08164731517.
This article is general guidance. Land law and procedure vary by state and change over time. Consult a qualified property lawyer in your state for advice on your specific transaction.