Understanding land titles and documentation is essential for anyone involved in real estate in Nigeria. Whether you’re buying or selling land, knowing the different types of titles and necessary documents ensures your transactions are legitimate and secure.
This article simplifies the basics of land titles and documents like the Certificate of Occupancy (C of O) and Deed of Assignment. By the end, you’ll be equipped with the knowledge to go through land transactions confidently in Nigeria
What is Land Title
A land title is a legal document that proves ownership of a piece of land or real estate. It is essential for buyers and investors as it provides detailed information about the property and the rights of the owner.
Types of Land Titles in Nigeria
1. Certificate of Occupancy (C of O)
The government issued the Certificate of Occupancy (C of O), granting the holder the right to occupy and use a piece of land for up to 99 years. It serves as proof of ownership and can be used to secure loans. Obtaining a C of O involves applying to the relevant land administration office with necessary documents like land survey plans and evidence of ownership.
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2. Right of Occupancy ( R of O )
In land law, rights of occupancy generally mean the right of a person or an organization or the occupier to own, use, occupy and enjoy a land. It can also be described as the right to have exclusive right to a portion of a land to the exclusion of any other person.
“R of O” represents a temporary right to occupy, while “C of O” denotes full ownership. “R of O” may have a validity period, requiring renewal, while “C of O” is typically perpetual.
3. Governor’s Consent
Required for all land transactions involving a transfer of interest, the Governor’s Consent makes the transaction legally binding. The process includes submitting an application and the Deed of Assignment to the state’s land registry. Without this consent, the transaction is incomplete and may not be legally recognized.
4. Excision and Gazette
Excision is the handover of land from the government to the state’s indigenes. As for the Gazette. In a much simpler version, the Gazette is the official document. In simple terms, a land excision gazette is a notice of release of a parcel of land to an individual, an entity or a community, by the government.
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What Is Land Document
A land document is a legal paper that provides essential information about a piece of land or real estate. It serves as proof of ownership and details the rights, boundaries, and any restrictions associated with the property. For buyers and investors in real estate, understanding these documents is essential for securing investments and ensuring legal compliance.
Types of Land Documents
When buying land, it’s important to know about the documents involved. Here are the main types you need to understand:
1. Deed of Assignment
A Deed of Assignment is a legal document that transfers land ownership from one person to another. It details the terms of the sale, including the price, payment plan, and date of transfer. This document must be signed by both parties and witnessed by a lawyer. The Deed of Assignment usually includes a registered survey plan if you buy land from a real estate company.
2. Registered Survey
A registered survey is more than just a map; it’s a legal document that proves who owns the land. It shows the exact boundaries and size of the property. This survey must be registered with the Surveyor-General’s office to be official.
3. Land Purchase Receipt
A Land Purchase Receipt is proof that you’ve paid for the land. This is especially important in customary land sales, where this receipt might be the main evidence of the transaction. It should include the amount paid, the date, and the names of the buyer and seller.
4. Contract of Sale
A Contract of Sale is an agreement between the buyer and seller that outlines the terms of the land sale. It includes the price, payment terms, and any other conditions of the sale. This contract protects both parties and ensures a smooth transaction.
5. Grant of Probate and Letter of Administration
Those are documents given when a person dies intestate i.e. without a will, a petition for the grant of a letter of administration is made at the Probate Registry and afterwards, a letter of administration is awarded to the administrators of a deceased estate.
6. Development Levy Receipt
In some areas, you need to pay a development levy before you can start building on the land. The Development Levy Receipt shows that you’ve paid this fee and are following local rules. This document is often required before any construction can begin.
Knowing about these documents will help you understand the land-buying process better and make sure everything is done correctly and legally.
Key Differences Between Land Title and Land Document
- Purpose: Land documents document transactions and compliance, while a title is proof of legal ownership or interest in the land.
- Content: Land documents detail transactions, agreements, payments, and compliance, whereas a title specifies the owner’s rights and any restrictions or encumbrances.
- Legal Standing: Land documents support the legal process of land transactions, while a title establishes and protects ownership rights under the law.
It’s important to note that without the correct or original land documents, you cannot obtain a land title such as a Certificate of Occupancy (C of O). Therefore, land documents are just as vital as land titles.
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