Types of land titles in Nigeria and their ownership impact
Understanding the different types of land titles in Nigeria is essential for anyone looking to invest in real estate. Each land title comes with specific legal rights and impacts ownership, influencing the security and transferability of the property. To ensure a safe investment, Be OnPoint Homes advises buyers to familiarize themselves with the following common land titles and the unique ownership implications of each.
1. Certificate of Occupancy (C of O)
The Certificate of Occupancy, commonly referred to as C of O, is an official document issued by the state government, granting the holder the right to use the land for 99 years. This title signifies that the government has allocated the land to the owner and confirms legal ownership. The C of O is one of the most secure titles in Nigeria, making it highly sought after by investors, as it minimizes risks related to land ownership disputes.
2. Governor’s Consent
Whenever there is a transfer of land that has already been granted a Certificate of Occupancy, the Governor’s Consent is required by law. This document signifies the government’s approval of the property transfer from one individual to another, ensuring that the transaction is legal and binding. Without the Governor’s Consent, even if a property has a C of O, any subsequent sale is not legally recognized. Be OnPoint Homes emphasizes that securing this consent is vital for anyone buying land from a previous owner.
3. Deed of Assignment
A Deed of Assignment is an important document that records the transfer of ownership from one party to another. This document serves as proof that the seller has assigned all their rights to the buyer, making it an essential part of the purchasing process. Though not a standalone title, the Deed of Assignment is typically supported by other land documents, such as the C of O or Governor’s Consent. Be OnPoint Homes guides clients in obtaining properly authenticated Deeds of Assignment to avoid future disputes.
4. Freehold Land Titles
In some parts of Nigeria, particularly in rural and suburban areas, land can be held under Freehold Titles. This title provides the owner with perpetual ownership rights, allowing them to hold, use, and transfer the land without any time limitations. However, buyers should be cautious, as freehold land may not always have a government-issued Certificate of Occupancy, and verifying the title’s authenticity is essential. Be OnPoint Homes recommends thorough due diligence to confirm that freehold land has no outstanding claims or encumbrances.
5. Excision and Gazette
Excision is a process where the government releases a portion of land from state ownership, allowing it to be owned and managed by private individuals or communities. Land that has undergone excision is published in the government’s Gazette, a public record confirming its status. A property with a Gazette is considered safe to buy, as it is officially recognized as excised land. Be OnPoint Homes advises investors to prioritize land with an excision or Gazette for added security and legality.
6. Survey Plan
Although not a title in itself, a Survey Plan is a critical document that shows the precise boundaries and size of a property. This document is crucial for confirming the exact location of the land and ensuring it does not fall within restricted government areas. Be OnPoint Homes ensures that each property is surveyed accurately, safeguarding clients from unknowingly purchasing land in reserved or unapproved zones.
7. Customary Land Titles
Customary Titles are land rights granted by local or traditional authorities. These titles are often respected within local communities but may not offer the same legal security as government-recognized titles. For long-term investments, it is advisable to convert customary land to a more formal title, such as a Certificate of Occupancy, to ensure full legal backing. Be OnPoint Homes can assist clients in converting customary land titles to secure options that offer legal protection.
Each type of land title in Nigeria carries distinct ownership rights and obligations. By understanding these titles, investors can make informed decisions that protect their property interests. Be OnPoint Homes is committed to guiding buyers through the process, helping them secure properties with the right legal standing and ownership clarity. With proper knowledge of land titles, property buyers can confidently invest, knowing they have a legitimate claim to their chosen property.