Before Consulting a Lawyer on Property Title Verification or Perfection
Nigeria focus with insights useful internationally
Introduction: Why Preparation Matters
Buying land or property in Nigeria is a significant investment. Title verification confirms the seller’s right to sell and reveals encumbrances such as government acquisition, pending litigation, or mortgages. Title perfection registers your ownership with government authorities so third parties recognize you as owner. Good preparation shortens timelines, reduces costs, and protects you from fraud or double sales.
Steps You Can Take Before Seeing a Lawyer
- Visit the site and ask around: Speak with neighbors, Baale or community reps, estate office, or facility managers. Note any disputes, overlapping claims, or family disagreements.
- Confirm the seller’s authority: If a company is selling, request CAC documents. If an attorney-in-fact is selling, request a properly stamped and registered Power of Attorney that authorizes the sale.
- Collect the available title documents: Ask for copies of the Deed of Assignment or Registered Conveyance, Certificate of Occupancy, Governor’s Consent, Survey Plan, and prior chain of title.
- Check for encumbrances early: Ask about mortgages, cautions, court orders, or government acquisition. Flag phrases like “excision in process” or “gazette coming” for deeper checks.
- Insist on written records: Any deposit or part payment should be receipted. Avoid cash-only transactions without traceable evidence.
- Draft a simple timeline: Note dates of offers, negotiations, payments, and promises made. This helps your lawyer structure searches and advice.
Perfection Roadmap Checklist
Exact steps vary by state, but a typical sequence looks like this:
- Conduct searches at the Lands Registry and Surveyor-General’s Office. Confirm beacons, coordinates, and whether land is free from acquisition.
- Execute a formal Deed of Assignment or Transfer with seller and witnesses.
- Pay stamp duties within statutory time limits to avoid penalties.
- Apply for Governor’s Consent where required. Prepare valuation reports and pay applicable consent fees and charges.
- Register the instrument at the Lands Registry. Obtain a file number and keep official receipts.
- Follow up until registration particulars are issued. Store certified copies safely and back them up digitally.
Evidence and Documents to Gather
- Copy of title: Certificate of Occupancy, Governor’s Consent, Deed of Assignment, Deed of Gift, or Registered Conveyance.
- Survey Plan with coordinates and beacon numbers. If available, charting report or Surveyor-General confirmation.
- Receipts of purchase, allocation letters from developers or government, and estate documents such as Deed of Sublease or Deed of Assignment from the developer.
- Means of identification for the seller and, if a company, CAC status report, incorporation certificate, and board resolution authorizing sale.
- Chain of title: earlier Deeds or transfers if the property changed hands before.
- Any encumbrance documents: mortgage deed, court order, or caution notice, if disclosed.
- Photos or videos of the site visit, beacons, fences, and access roads.
Common Mistakes Clients Make
- Paying substantial funds before searches and verification.
- Relying on verbal assurances by agents or family heads without documentary proof.
- Ignoring survey verification or not charting the land.
- Leaving the Deed unstamped and unregistered, which weakens enforceability against third parties.
- Assuming excision or gazette claims are enough without official confirmation.
Common Misconceptions
- “Only C of O is valid.” Governor’s Consent on a Deed of Assignment can also be a valid title. What matters is validity in law and proper registration.
- “Buying from family head is always safe.” Not if principal members did not consent. Seek proof of family authority and minutes or consent letters.
- “Perfection can wait indefinitely.” Delay increases risk and penalties on stamp duties and may complicate later transfers or financing.
- “Agents can handle legal steps.” Agents may assist logistics but cannot replace legal due diligence and perfection by a lawyer.
Preparing for Your Consultation
- All title documents you received from the seller or developer.
- Survey Plan and any charting or coordinate information.
- Proof of payments and receipts. Include bank transfers and deposit slips.
- Your timeline summary and a short note on any red flags observed.
Questions to ask your lawyer
- What searches are necessary for this property and why?
- What are the likely perfection steps and costs in this state?
- Are there red flags from the chain of title or survey?
- How can we structure the transaction to reduce risk before full payment?
- What is a realistic timeline for consent and registration?
Practical Insights
Frequently Asked Questions
How long does title perfection take?
It varies by state and file completeness. Typical range is 3 to 12 months, subject to official processing and fee payments.
Is a Deed of Assignment valid without Governor’s Consent?
It is valid between the parties but not fully effective against third parties until consent and registration are completed.
What is the difference between excision and gazette?
Excision refers to government releasing part of acquired land back to a community. The gazette records excised areas and conditions. Always verify with official maps and records.
Do I still need a lawyer if buying from a government allocation or estate developer?
Yes. Allocations and estate sales require verification, compliance with terms, and proper perfection to secure your interest and support future resale or financing.
Can I use the property as collateral before perfection?
Lenders usually insist on perfected title or clear interim security arrangements. Speak with your lawyer and lender about requirements to avoid delays.
Final Thoughts
Verification and perfection are essential to safe property ownership. A well-organized client who gathers documents and avoids shortcuts enables faster, more effective legal protection and reduces the risk of disputes.