How to check if Nigerian property has proper documents?

Authored by the expert who managed and guided the team behind the Nigeria Property Pack

Everything you need to know before buying real estate is included in our Nigeria Property Pack

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THE AFRICANVESTOR

A team specialized in real estate investing in African countries

We are a team of financial experts, legal professionals, developers, and local real estate specialists dedicated to helping people like you avoid mistakes when investing in real estate in a foreign place, particularly in Nigeria. If you'd like to learn more about us, you can check our presentation page.

How this content was created 🔎📝

At TheAfricanVestor, we explore the Nigerian real estate market every day. Our team doesn't just analyze data from a distance—we're actively engaging with local realtors, investors, and property managers in cities like Lagos, Abuja, and Port Harcourt. This hands-on approach allows us to gain a deep understanding of the market from the inside out.

These observations are originally based on what we've learned through these conversations and our observations. But it was not enough. To back them up, we also needed to rely on trusted resources

We prioritize accuracy and authority. Trends lacking solid data or expert validation were excluded.

Trustworthiness is central to our work. Every source and citation is clearly listed, ensuring transparency. A writing AI-powered tool was used solely to refine readability and engagement.

To make the information accessible, our team designed custom infographics that clarify key points. We hope you will like them! All illustrations and media were created in-house and added manually.

Have you verified the Certificate of Occupancy (C of O) is valid and issued by the state government?

The Certificate of Occupancy is the most important document for any Nigerian property purchase, serving as the legal proof of ownership rights.

This document must be issued by the state government where the property is located, not by local government areas or private entities. A genuine C of O contains specific security features including watermarks, official seals, and unique serial numbers that can be verified with the issuing authority.

In Lagos State, for example, C of O documents issued after 2010 include digital verification codes that can be checked online through the state's land information system. The document should clearly state the plot number, location description, size of the land, and the name of the original grantee.

Always request to see the original C of O document, not photocopies, and verify its authenticity by contacting the state land bureau directly. Properties without valid C of O certificates cannot be legally transferred, and banks will not provide mortgage financing for such properties.

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Have you confirmed the Deed of Assignment or Deed of Sublease is properly registered at the land registry?

A registered Deed of Assignment or Deed of Sublease provides legal evidence that ownership has been properly transferred from the original title holder to subsequent buyers.

The deed must be stamped by the Federal Inland Revenue Service and registered at the appropriate state land registry office. Registration involves payment of prescribed fees and the deed being entered into the registry's official records with a unique file number.

In states like Abuja (FCT), the deed registration process typically takes 30-60 days and costs between ₦50,000 to ₦200,000 depending on the property value. The registered deed will bear the registry's official seal and signature of the registrar.

Unregistered deeds have no legal standing in Nigerian courts and cannot be used to prove ownership. Always insist on seeing the registered original deed and verify the registration details with the land registry office.

Did you verify the Survey Plan is authentic and properly chartered?

An authentic Survey Plan must be prepared by a licensed surveyor and officially charted at the state Surveyor-General's office to be legally valid.

The survey plan should contain the surveyor's name, license number, professional seal, and signature. It must show accurate coordinates, beacons, boundaries, and neighboring properties with precise measurements in meters.

Chartered survey plans bear the official stamp and file number from the Surveyor-General's office, confirming they have been verified and approved. In Lagos State, survey plans must be chartered within 6 months of preparation to remain valid for property transactions.

Fake or outdated survey plans are common in Nigerian property fraud schemes. Always verify the surveyor's license status with the Surveyors Council of Nigeria and confirm the charting details with the Surveyor-General's office before proceeding.

Have you checked the property is free from government acquisition through Ministry of Lands search?

Government acquisition searches at the Ministry of Lands are essential to confirm the property is not designated as "committed land" or subject to future acquisition plans.

Search Type	Cost Range (₦)	Processing Time
Official Land Search	₦10,000 - ₦50,000	7-14 days
Gazette Verification	₦5,000 - ₦20,000	3-7 days
Acquisition Status Check	₦15,000 - ₦30,000	10-21 days
Land Use Act Compliance	₦20,000 - ₦40,000	14-28 days
Planning Authority Search	₦8,000 - ₦25,000	5-10 days

Did you confirm Governor's Consent is endorsed on the title document for transferred properties?

Governor's Consent is mandatory for any property that has changed hands after the original grant from the state government.

This consent must be physically endorsed on the title document by the state government and typically costs between ₦500,000 to ₦2,000,000 depending on the property value and location. The process usually takes 3-6 months in most Nigerian states.

Properties sold without proper Governor's Consent are legally invalid, and the buyer has no enforceable rights to the property. The consent serves as official government approval for the ownership transfer and updates the state's land records.

In states like Rivers and Delta, failure to obtain Governor's Consent within 3 months of property transfer can result in the transaction being declared null and void by the courts.

Have you searched the Land Registry for existing mortgages, liens, or pending litigation?

A comprehensive Land Registry search reveals any encumbrances, mortgages, or legal disputes affecting the property that could impact your ownership rights.

This search should cover the past 30 years of the property's transaction history and cost between ₦20,000 to ₦100,000 depending on the complexity. The search will reveal any outstanding loans secured against the property, court cases, or statutory liens.

Properties with undisclosed mortgages or liens can be seized by creditors even after you purchase them. In Lagos, approximately 15% of property disputes arise from buyers discovering hidden encumbrances after purchase.

Always insist on a clean Land Registry search certificate showing no adverse entries before proceeding with any property transaction. This search should be conducted by a qualified legal practitioner familiar with Land Registry procedures.

Did you check for Building Plan Approval from local planning authorities?

Building Plan Approval is required for any structure on the property and must be obtained from the local planning authority before construction begins.

The approval document should show the approved building design, plot coverage ratio, setbacks, and compliance with local zoning regulations. In major cities like Lagos and Abuja, building without approved plans can result in demolition and penalties up to ₦5,000,000.

Existing structures without building plan approval face constant risk of government demolition and cannot be legally renovated or expanded. The approval must match the actual structure on the ground in terms of design, height, and usage.

Properties in residential areas with commercial structures lacking proper change-of-use approvals are particularly vulnerable to enforcement action by planning authorities.

Have you inspected the seller's Tax Clearance Certificate for updated payments?

The seller's Tax Clearance Certificate confirms that all property-related taxes, ground rents, and land charges have been paid up to date.

1. **Land Use Charge (LUC)** - Annual property tax paid to state government 2. **Ground Rent** - Annual payment to the original land grantor (usually state government) 3. **Development Levy** - Infrastructure development contribution in some states 4. **Property Registration Fees** - Statutory charges for title document registration 5. **Stamp Duty** - Federal tax on property transaction documents 6. **Capital Gains Tax** - Tax on property sale profits (if applicable) 7. **Tenement Rate** - Local government property tax in some areas

Unpaid property taxes become the responsibility of the new owner and can accumulate substantial penalties and interest. In Lagos State, unpaid Land Use Charges can result in property forfeiture after 36 months of default.

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Did you confirm the seller is the true legal owner through identity and registry verification?

Verifying the seller's legal capacity to transfer the property requires matching their identity documents with the names on all title documents and registry records.

The seller's full name on their valid ID (National ID, International Passport, or Driver's License) must exactly match the name on the C of O, registered deed, and Land Registry records. Any discrepancies in names, even minor spelling differences, can invalidate the sale.

Cross-check the seller's identity with the Land Registry's records to confirm they are the current registered owner. In cases where the property is owned by multiple parties, all co-owners must consent to the sale in writing.

Corporate sellers must provide valid Certificate of Incorporation, Board Resolution authorizing the sale, and Tax Identification Number. Foreign individuals must show valid visa status allowing property ownership in Nigeria.

Have you requested Court Judgment or Probate documents for inherited properties?

Properties being sold by heirs of deceased owners require specific legal documents proving the seller's authority to transfer ownership.

For properties inherited through Islamic law, a Court Judgment from a High Court or Sharia Court confirming the inheritance distribution is required. For properties inherited under customary or statutory law, Letters of Administration or Grant of Probate from the Probate Registry must be provided.

These documents typically take 6-18 months to obtain and cost between ₦200,000 to ₦1,000,000 depending on the estate's complexity. All beneficiaries must consent to the sale unless the court documents specifically grant sole authority to one administrator.

Properties sold without proper inheritance documentation can be challenged by other family members, leading to lengthy and expensive court battles that can result in the sale being declared invalid.

Did you physically inspect the property to verify beacons and boundaries match the Survey Plan?

Physical inspection of the property boundaries against the Survey Plan is crucial to identify any encroachments, boundary disputes, or discrepancies in land measurements.

The property beacons (concrete or iron pillars marking corners) should be clearly visible and correspond exactly to the coordinates and descriptions in the Survey Plan. Measure the distances between beacons to verify they match the plan's specifications.

Check for any structures from neighboring properties that may have encroached onto your intended purchase, such as fences, buildings, or drains. Encroachments can reduce the usable land area and create future legal complications.

Engage a licensed surveyor to conduct a verification survey if there are any doubts about the boundary accuracy. This additional survey typically costs ₦150,000 to ₦500,000 but can prevent costly boundary disputes after purchase.

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Have you engaged a licensed property lawyer for independent due diligence?

Professional legal assistance is absolutely essential for conducting comprehensive property due diligence and protecting your investment from fraud and legal complications.

A qualified property lawyer should conduct independent searches at all relevant government offices, verify document authenticity, and prepare a detailed due diligence report covering all legal aspects of the transaction.

Legal fees for comprehensive property due diligence typically range from ₦300,000 to ₦1,500,000 depending on the property value and complexity. This investment can save millions in potential losses from fraudulent transactions or legal disputes.

The lawyer should be registered with the Nigerian Bar Association, have specific experience in property law, and maintain professional indemnity insurance. Always engage a lawyer independent of the seller or real estate agent to avoid conflicts of interest.

Conclusion

This article is for informational purposes only and should not be considered financial advice. Readers are advised to consult with a qualified professional before making any investment decisions. We do not assume any liability for actions taken based on the information provided.

Sources

1. Lagos State Government - Land Use Act
2. FCT Administration - Abuja Geographic Information Systems
3. Nigerian Bar Association
4. Surveyors Council of Nigeria
5. Federal Inland Revenue Service
6. Lagos Internal Revenue Service
7. Lagos State Land Registry
8. Federal Ministry of Justice