The Legal Process of Transferring Property Ownership in Nigeria (Expanded)

Introduction: Why I Wrote This After a 2‑Year Legal Battle

In Article 9, I gave an overview. But after receiving hundreds of questions from readers, I realised I needed to go deeper. A close friend bought land in Abuja in 2021. He followed my summary but still got stuck because he didn’t understand the nuances of FCT land administration vs Lagos. He spent two years and extra ₦3M in legal fees. This expanded article covers state‑by‑state differences, the role of probate, and what to do when documents are missing. Read carefully – it could save you years of frustration.

The Core Legal Framework: Land Use Act of 1978

All land in Nigeria is vested in the Governor of each state (or the Minister of the FCT). Individuals hold land through a statutory right of occupancy (Certificate of Occupancy – C of O) or a deemed right of occupancy (for customary land). Any transfer of a C of O requires the Governor’s Consent. Without consent, the transfer is void.

Step‑by‑Step for a Standard C of O Transfer

Step 1: Obtain the Original C of O – The seller must provide the original. Check the name, date, term (usually 99 years), and conditions.

Step 2: Conduct a Search – Your lawyer verifies at the Land Registry that the C of O is authentic and not revoked.

Step 3: Draft and Execute Deed of Assignment – The deed must reference the C of O number and include a survey plan.

Step 4: Pay Stamp Duty – FIRS office. Rate: 1‑2% of consideration.

Step 5: Apply for Governor’s Consent – Submit the deed, C of O, survey plan, tax clearance, and fee (2‑5% of property value). Wait 3‑9 months.

Step 6: Register the Deed – After consent, register at the Land Registry. You receive a Registered Deed.

Step 7: Update the C of O (Optional) – Some states endorse the consent on the original C of O.

State‑by‑State Variations

Lagos State: E‑registration available via the Lands Bureau portal. Consent fees calculated automatically. Processing time 3‑6 months if you use an accredited agent.

FCT (Abuja): Land is administered by the Federal Capital Development Authority (FCDA) and AGIS. Consent is called “Right of Occupancy Assignment.” The process is slower – 6‑12 months. However, AGIS has digitised many records, making searches easier.

Ogun State: Less digitised. Be prepared for manual processes and longer waits. Consider hiring a local agent who knows the registry staff.

Rivers State: High demand for land in Port Harcourt. Consent fees are negotiable but can be higher than the statutory 2‑5%. Some developers pay “expediting fees” to speed up – I don’t recommend this, but it’s common.

Transferring Property Without a C of O (Customary Land)

Many properties in Nigeria are held under customary law – no C of O. Transfer is done via a Deed of Conveyance (not Assignment). Steps:

• Obtain the original deed of the seller.

• Conduct a search at the local government or traditional council (where records may be kept).

• Execute a new Deed of Conveyance.

• Register at the Land Registry (even without C of O, registration gives notice).

• Optionally, apply for a C of O after purchase – this is a separate process requiring a survey, payment of ground rent, and approval.

Risk: Customary land is more prone to family disputes. I recommend converting to a C of O within 2 years of purchase.

What If the Owner Is Deceased? (Probate Required)

You cannot buy directly from an estate. If the seller inherited the property, they must first obtain Probate (if the deceased had a will) or Letters of Administration (if no will). The probate document must be registered. Then they can execute a deed as the legal representative. Buying from an estate without probate is voidable – a common mistake.

My story: I almost bought a property from a “son” who claimed his father left it to him. He had no probate. My lawyer rejected the deal. Two years later, the son’s siblings sued him, and the sale was overturned. I dodged a bullet.

Missing Documents: Can You Still Transfer?

Sometimes the original C of O is lost. The owner can apply for a Certified True Copy from the Land Registry. This takes 2‑4 months but is legal. If the survey plan is missing, a registered surveyor can produce a new one based on the coordinates in the registry.

Costs Summary (for a ₦50M Property in Lagos)

Add this to your budget.

How to Speed Up the Process

• Use an accredited agent – Land Registry has approved firms that can process documents faster.

• Ensure all documents are complete before submission – missing tax clearance is a common delay.

• Avoid “expediting” payments – they can backfire if the official is caught.

Conclusion

Transferring property ownership in Nigeria is complex but manageable with the right lawyer. Know the state‑specific rules, never skip Governor’s Consent for C of O lands, and avoid buying from estates without probate. Use the TNJC Homes verification guide (link below) as a checklist. And if you’re still confused, attend a free legal clinic – many law firms offer them monthly.

Links:

1. FCT AGIS Property Search Portal – check Abuja land records

2. TNJC Homes Legal Due Diligence Checklist – downloadable PDF