Steps on how to purchase land in Nigeria. (A practical guide)

Unregistered land

This is common with lands in the rural or undeveloped areas of town. In this scenario, the vendor is usually a member of the community who wants to sell his land. In most cases, it is either inherited or gifted to him. There are no documents to prove ownership. when purchasing this type of land, it is necessary to ask questions from other respected people in the community to ascertain that the vendor is the actual owner of the said property. Once the purchase is made and receipts collected, the first thing the buyer should do is perfect the title on the property.

Perfection” of title to land entails the (1) Stamping, (2) Registration and (3) Obtaining the consent of the Governor over the land so acquired. Under the Land Use Act, it is the consent of the Governor that confers validity to the act of alienation of any interest in the land. Where the land is subject to customary right of occupancy, the consent required is that of the local government authority where the land is situated.

Registered land

Where you have acquired land through an instrument expressed as Deed of Assignment, Deed of Conveyance, Legal Mortgage, Irrevocable Power of Attorney, Transfer of Certificate of Occupancy, etc., it is mandatory that you pay the appropriate stamp duties on the instrument, register the instrument at the state Lands Registry (and at the Corporate Affairs Commission – where you are a company) and obtain the required consent from the governor (the overlord).

Registration/Perfection gives an indication that the land is encumbered by you, any subsequent purchaser would be duly notified upon investigating the title at the Lands Registry. Perfection raises a presumption of land ownership in your favour against every other person who lacks a better title. Perfection passes a legal estate in the land.

Where the land remains unregistered, your interest is in equity only and not legal. Non-registration renders the documents inadmissible in evidence to prove your title. You may not be entitled to receive compensation from the government if the land is compulsorily acquired for overriding public interest.

Perfection prevents fraud and problems arising from the suppression or omission of instruments when the title is deduced, in case of subsequent transactions it would show your registered interest in the said property. Your registered instrument rank in priority according to the order of registration (1st in time is stronger in law). Your title documents must be registered otherwise they are void in law.

We will help you secure title to your land and process the perfection of the land instruments.