Deed of Assignment vs Certificate of Occupancy: what Nigerian land buyers should know

These two documents cause more confusion among Nigerian land buyers than anything else, and that confusion is expensive. Here is what each one actually is, in plain terms.

Certificate of Occupancy, in plain terms

Under the Land Use Act, land in each Nigerian state is held in trust by the Governor. A Certificate of Occupancy, usually called a C of O, is the document the state issues granting the holder a right of occupancy over a particular piece of land, normally for 99 years.

It is the strongest ordinary evidence of title a private holder can have, because it comes from the state itself.

Deed of Assignment, in plain terms

A Deed of Assignment is the document that transfers an interest in land from one party to another. When you buy a plot in an estate, the deed is what moves that plot from the seller to you, in your name.

It is a real, legally significant document. It is the instrument that records your purchase. What it is not is a substitute for the state-issued C of O, and any company that presents it as one is misleading you.

How they work together

In a typical Nigerian estate the developer holds, or is processing, a C of O covering the whole estate. Individual buyers then receive a Deed of Assignment for their specific plot, along with a registered survey plan. Later, a buyer may process their own title documents for their individual plot.

So the honest position for most estate purchases is: you hold a deed and a survey plan in your name, and the estate holds or is processing the overarching title.

The question that matters

Not "do you have a C of O" — almost everyone will say yes to that. Ask instead:

"Is the estate-wide Certificate of Occupancy issued, or still in process? And will you put that answer in writing?"

The answer itself is less important than whether they will commit to it on paper. An estate with a C of O still in process that says so plainly is a safer counterparty than one that blurs the question.

Other documents worth asking about

• Registered survey plan — your plot's boundaries, lodged with the state surveyor general. Ask for the survey number.
• Governor's consent — required for a valid transfer of land already under a right of occupancy. Ask whether it applies to your transaction and who is responsible for it.
• Excision or gazette — evidence that land has been released from government acquisition, relevant in some areas.
• Company registration — the seller's RC number, verifiable on the Corporate Affairs Commission register.

Two things to be careful about

First, a receipt is not a title document. Neither is an allocation letter on its own. They evidence a payment or an allocation, not ownership.

Second, take whatever you are given to your own lawyer or surveyor before you pay, not after. A few hours of professional review costs a fraction of a plot and is the single best money a land buyer spends.

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