Land Documents in Nigeria: C of O, Governor's Consent, Deed of Assignment and the Rest Explained

The framework: the Land Use Act 1978

Every land document in Nigeria sits under the Land Use Act 1978. The Act vests the land in each state in the Governor, who holds it in trust for the people. Individuals and companies do not own land outright in the way the word is used elsewhere: they hold a right of occupancy, granted by the state or, in non-urban areas, by the local government.

Two consequences follow. First, the strongest evidence of title is usually a document issued or endorsed by the state. Second, a holder of a statutory right of occupancy needs the Governor's consent to transfer or mortgage that right. A sale without consent may be valid as a contract between the parties, but it does not give the buyer a perfected title.

The documents at a glance

Most transactions involve several of these documents together. A seller with a C of O will still need a deed of assignment and consent to transfer it to you; a seller from an excised village will need the gazette, a survey and a deed. The table summarises what each one is for.

Certificate of Occupancy and Governor's Consent

A C of O is the state's grant of a right of occupancy to a named person or company, usually for a fixed term of years and subject to conditions. It is strong evidence of title for the person named on it. It is not a passport that travels with the land: once the holder sells, the buyer does not get a new C of O automatically, and the old certificate in the seller's name does not by itself make the buyer the holder.

This is where Governor's Consent comes in. When land that already has a C of O or other statutory right is sold, the transfer is perfected by obtaining the Governor's consent and registering the deed. In practice, a purchased property with a C of O in the original holder's name plus a registered deed of assignment with consent endorsed is the ordinary 'good title' package in many states.

A C of O can also be revoked by the state on grounds set out in the Act, including overriding public interest. That is one reason a search is still needed even when a certificate exists.

Deed of Assignment, Deed of Gift and Power of Attorney

A Deed of Assignment is the contract that transfers the seller's interest to the buyer. It names the parties, describes the land, states the price and is signed and witnessed. On its own it binds the seller and buyer, but the buyer's title is only perfected once consent is obtained and the deed is registered at the Lands Registry.

A Deed of Gift does the same job where no money changes hands, such as a parent giving land to a child. It is treated as a transfer and generally needs the same consent and registration to be perfected.

A Power of Attorney is different in kind. It lets the donee act for the donor: to sell, to manage, to collect rent. It is generally not treated as a document of transfer, so a buyer whose only document is a power of attorney from the seller does not hold title. Irrevocable powers of attorney are sometimes used as a shortcut instead of a deed and consent. Treat that as a warning sign, not a solution.

Survey Plan, Registered Conveyance and Excision

A Survey Plan shows where the land is, how big it is and its boundary coordinates, prepared and signed by a registered surveyor. It does not prove ownership, but it is how you find out whether the land is free or affected by government acquisition, a road or a setback. Checking the coordinates with the state's surveyor-general's office, often called charting, is a core part of any search.

A Registered Conveyance is a transfer deed from before the Land Use Act, registered under the old system. It remains valid evidence of the transaction it records, but the land is now held under the Act, and any later sale needs consent like any other.

Excision and Gazette matter most in Lagos and other states where the government acquired large areas. Excision is the release of part of that acquired land back to the original community, and the gazette is the official publication that records it. If you are buying from a family or community, the land should fall inside the excised and gazetted area. If it does not, the community may have nothing to sell.

How to verify at the Lands Registry, and the red flags

Before paying anything beyond a refundable deposit, instruct a lawyer to conduct a search at the state Lands Registry and a surveyor to chart the survey plan. The search should confirm who the registered holder is, whether the title is genuine, and whether there are mortgages, caveats or government interests on it. The charting confirms the land's status on the state's records.

Procedures, offices and fees differ between states and change from time to time, so follow your lawyer's guidance on what to search and where. Keep a copy of every search report with the title documents.

• The seller cannot produce originals, or only shows photocopies
• The name on the title does not match the seller and there is no clear chain of transfers
• The only document offered is a power of attorney or a purchase receipt
• The survey plan coordinates show the land under acquisition or committed to government
• Community land outside the excised and gazetted area
• Pressure to pay in full before searches are done
• Several people or families claiming the same plot

How Ledge helps

Ledge does not verify title, conduct searches or hold land documents on your behalf. That work belongs to your lawyer and surveyor, and it happens before you own the property.

Once you own it and let it, Ledge keeps the tenancy side organised: properties, units, tenants and leases, rent yearly, quarterly or monthly, a numbered PDF receipt for each payment recorded as paid, and on Starter and above a tenancy agreement drafted with the parties and premises filled in from the record, using your own standard clauses. A clean record of who occupies the property, on what terms and what they have paid is useful evidence of your possession and management alongside your title documents. The Free plan covers up to 5 units.

This is a general guide to documents, not legal advice. Confirm the position for any specific property with a lawyer in the state where it is.

Buying versus letting: what you actually need

When buying, the documents carry the whole risk: you need a verified root of title, a deed of assignment, Governor's Consent and registration, backed by a search and a charted survey. When letting, a tenant rarely asks to see your title, though a corporate tenant or a careful one may, and you should be able to show that you are entitled to grant the tenancy.

Ordinary residential tenancies are not usually taken to the Lands Registry, but long leases can raise consent and registration questions, so take advice before granting one. Whichever side you are on, the rule is the same: verify first, pay second, and keep every document. For tenancy rules in Lagos, see Lagos State Tenancy Law: The Plain-English Guide for 2026.