The sale of land in Nigeria is not merely a private bargain between a seller and a purchaser. It is a formal legal transaction that requires investigation of title, preparation of proper transfer documents, payment of purchase consideration, obtaining necessary governmental consent, stamping, and registration. In Lagos State, where land values are high and land disputes are common, the procedure must be handled with particular care.

The legal framework is principally governed by the Land Use Act 1978, applicable throughout Nigeria, and by state land registration laws and administrative procedures. In Lagos, the Lagos State Lands Registration Law 2015 and the processes of the Lagos State Lands Bureau are particularly important. Under the Land Use Act, land in each state is vested in the Governor to be held in trust for the people, and a holder of a statutory right of occupancy cannot conclusively alienate the land by assignment, mortgage, transfer of possession, sublease or otherwise without the Governor’s Consent.

1. Preliminary Negotiation and Identification of the Property

The first stage is the negotiation between the vendor and the purchaser. The parties agree on the property to be sold, the purchase price, payment structure, completion date, and who will bear the cost of perfection of title. In Lagos, it is common for parties to first execute a simple purchase agreement, or letter of offer, before the formal Deed of Assignment is prepared and signed.

However, no purchaser should pay the full purchase price merely because the vendor presents documents. The property must first be properly identified. The purchaser should request the survey plan, root of title, building approvals where applicable, tax receipts, land receipts, previous Deeds of Assignment, Certificate of Occupancy where applicable, probate or letters of administration where the property belongs to an estate, and corporate approvals where the vendor is a company.

In Lagos, physical inspection is crucial. The purchaser should visit the land, confirm the boundaries, check whether there are occupants, tenants, family claimants, omo-onile interests, encroachments, adverse possession issues, government acquisition, or any obvious dispute. The physical land must correspond with the survey plan.

2. Investigation of Title

Investigation of title is a very important stage in the sale of land. The principle is simple: a vendor cannot give a better title than he has. Therefore, before completion, the purchaser’s solicitor must verify whether the vendor has a valid and marketable title.

In Lagos, the investigation should usually include searches at the Lagos State Lands Registry, the Surveyor-General’s office, probate registry where relevant, court registries where litigation is suspected, and the Corporate Affairs Commission if a company is involved. The Lagos eGIS portal also provides access to certain land transaction services and application forms.

The search at the Lands Registry helps confirm whether the property has a registered title, whether there are encumbrances such as mortgages, court judgments, caveats, pending applications, prior assignments, or restrictions. A charting report at the Surveyor-General’s office is particularly important in Lagos because it helps determine whether the land falls within government acquisition, committed acquisition, excision, or an area covered by an existing layout.

For family land, the purchaser must confirm that the principal members of the family and the family head consent to the sale. A sale of family land by some members without proper family authority may be challenged. Where the vendor is a company, the purchaser should confirm board resolution, status report, authority to sell, and execution by the proper officers of the company.

Where the property is subject to a mortgage, lease, tenancy, litigation, or pending probate, those matters must be resolved or properly reflected in the transaction documents before completion.

3. Root of Title and Capacity of the Vendor

The purchaser must trace the vendor’s root of title. In Lagos, common title documents include a Certificate of Occupancy, Governor’s Consent, Registered Deed of Assignment, Land Certificate, Gazette, Excision, Court Judgment, Vesting Deed, Deed of Conveyance, probate documents, and allocation letters from government schemes.

A Certificate of Occupancy is strong evidence of a right of occupancy, but it is not conclusive in all circumstances. If it was obtained fraudulently or over land already vested in another person, it can be challenged. Similarly, a Deed of Assignment without the Governor’s Consent or registration is incomplete for the purpose of perfecting legal title.

The vendor’s capacity must also be verified. An individual vendor must be of legal age and must have mental and legal capacity. A corporate vendor must act through proper board authority. Executors and administrators must show probate or letters of administration. Trustees must act in accordance with the trust instrument. Families must act through the family head and principal members.

4. Contract of Sale or Purchase Agreement

After initial due diligence, the parties may execute a Contract of Sale or Sale Agreement. This document sets out the terms of the transaction before the final transfer. It may contain the property description, purchase price, deposit, completion period, documents to be delivered, warranties, vacant possession clause, obligation to obtain consent, default provisions, and dispute resolution clause.

In many Lagos transactions, parties proceed directly to a Deed of Assignment after payment. However, where the transaction is complex or the payment is by instalments, a formal Contract of Sale is advisable. It protects both parties and prevents uncertainty.

The purchaser should avoid vague descriptions such as “one plot of land at Lekki” without survey coordinates, size, title reference, and registered details. The agreement should also state whether the property is sold with vacant possession, subject to tenancy, or subject to existing structures.

5. Payment of Purchase Price and Completion

Completion usually occurs when the purchaser pays the purchase price, and the vendor executes the transfer documents. Depending on the agreement, payment may be made in full or in stages. Where the title is still being investigated, the purchaser may pay a deposit while the balance is paid upon satisfactory search.

Upon completion, the vendor should deliver all original title documents, executed Deed of Assignment, survey plan, purchase receipts, tax documents, building approvals where relevant, and possession of the property. For developed property, keys, tenancy records, utility bills, and notices to tenants may also be handed over.

In Lagos, it is prudent for the purchaser to take immediate possession after completion, fence the land where appropriate, and place clear ownership notices. However, possession alone does not perfect legal title. The purchaser must still proceed to Governor’s Consent, stamping, and registration.

6. Deed of Assignment

The principal transfer document in a land sale is usually the Deed of Assignment. It transfers the vendor’s interest in the land to the purchaser. The deed should contain the names and addresses of the parties, recital of the vendor’s title, consideration, description of the property, operative assignment clause, covenants, indemnities, execution clause, survey plan, and attestation.

In Lagos, land transfers are required to be made by deed, and registrable instruments must be registered at the Lands Registry. The perfection of title involves three main stages: obtaining the Governor’s Consent, stamping the relevant transaction document, and registration at the Lands Registry. Under the Lagos Lands Registration Law, transfers are deemed complete only after registration.

Execution must be properly done. Individuals sign in the presence of witnesses. Companies execute in accordance with the Companies and Allied Matters Act and their articles, usually by authorised directors, secretary, common seal where applicable, or authorised signatories.

7. Governor’s Consent

Governor’s Consent is central to land transactions in Nigeria. Section 22 of the Land Use Act provides that it is not lawful for the holder of a statutory right of occupancy to alienate the right or any part of it by assignment, mortgage, transfer of possession, sublease or otherwise without the consent of the Governor first had and obtained.

The legal effect of failure to obtain consent has been the subject of judicial interpretation. The safer practical position is that a purchaser should perfect title by obtaining Governor’s Consent, because without it the purchaser’s legal title remains vulnerable and incomplete. Section 26 of the Land Use Act also provides that transactions or instruments that purport to confer interests in land otherwise than in accordance with the Act are null and void.

In Lagos, the application for Governor’s Consent is usually made to the Lagos State Lands Bureau. Typical documents include the completed application form, executed Deed of Assignment, original title documents, survey plan, tax clearance certificates or evidence of tax compliance, passport photographs, means of identification, corporate documents where a company is involved, and evidence of payment of assessed fees. Some procedural details may vary depending on whether the land has a Certificate of Occupancy, Governor’s Consent, excision, government allocation, or other title root.

8. Assessment and Payment of Government Charges

After submission, the Lagos State authorities assess the transaction for payment of applicable charges. These may include consent fees, capital gains tax, stamp duties, registration fees, neighbourhood improvement charge, and other administrative charges, depending on the nature of the property and current government policy.

The cost of perfection in Lagos can be high, so parties should agree from the beginning who will pay these charges. Usually, the purchaser bears the cost of perfection. In practice, parties sometimes negotiate a single purchase price exclusive of perfection costs.

9. Stamping of the Deed

After the Governor’s Consent is processed or as part of the perfection process, the Deed of Assignment must be stamped. Stamping is important because an unstamped or insufficiently stamped instrument may be inadmissible in evidence except upon payment of the required duty and penalties.

Stamp duty gives fiscal recognition to the instrument. It does not by itself transfer title, but it is a necessary step before registration. In Lagos property practice, stamping, consent, and registration are often treated together as part of the perfection of title.

10. Registration at the Lagos State Lands Registry

Registration is the final stage of perfection. Once the deed has the Governor’s Consent and has been stamped, it should be registered at the Lagos State Lands Registry. Registration gives public notice of the purchaser’s interest and protects priority against subsequent purchasers or competing interests.

The Lagos land registration framework requires registrable documents to be registered within the prescribed period after the Governor’s Consent. The Lagos Lands Registration Law 2015 is commonly cited as requiring registration within 60 days after obtaining the Governor’s Consent.

After registration, the purchaser’s title is formally recorded. The registered document becomes an important part of the chain of title and can be relied upon in future dealings such as resale, mortgage, lease, or development.

Conclusion

The sale of land in Nigeria requires more than payment and possession. A prudent purchaser must investigate title, confirm the vendor’s capacity, execute a proper Deed of Assignment, obtain the Governor’s Consent, stamp the instrument, and register it at the Lands Registry. In Lagos, these steps are especially important because of high property values, frequent title disputes, government acquisition issues, and strict land administration requirements.

The safest approach is to treat every land purchase as a legal due diligence exercise. The purchaser should not rely solely on the vendor’s representations, estate agents, family receipts, or physical possession. Proper searches, documentation, consent, stamping, and registration are what convert a risky transaction into a defensible legal title.

Written by Olusola J. Jegede, Esq., 

Olusola Johnson Jegede, Esq., is a seasoned Nigerian legal practitioner and the Principal Partner at Resolution Law Firm. He specializes in corporate law, intellectual property, dispute resolution, family law and commercial transactions, providing strategic legal solutions to individuals, startups, and established businesses.

With a strong reputation for professionalism and results-driven advocacy, Olusola has advised clients on complex legal issues including trademark protection, regulatory compliance, and business structuring. He is also the author of “Trademark Registration and Law in Nigeria – Explanations and Materials,” reflecting his depth of knowledge and commitment to legal education.

Olusola combines practical legal insight with a client-focused approach, ensuring efficient, innovative, and commercially sound outcomes. He remains dedicated to upholding the highest standards of legal practice while helping clients navigate Nigeria’s evolving legal landscape.

For any specific enquiries or consultation, contact Resolution Law Firm.

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