Purchasing land in Nigeria involves a series of legal procedures and documentation to ensure that the transaction is legitimate and binding. This process can be complex due to the diverse land tenure systems and the legal frameworks governing land ownership. Below is the list of the essential documents required for land purchase in Nigeria:
PURCHASE RECEIPT
The purchase receipt is a document that acknowledges the payment made for the land. This receipt is issued by the seller to the buyer after the initial deposit or full payment is made. It serves as proof of the transaction and includes details such as the amount paid, the date of payment, the description of the land, and the names of both the buyer and the seller.
SURVEY PLAN
A survey plan is a detailed map that outlines the boundaries and exact measurements of the land. It is typically prepared by a licensed surveyor and is essential for verifying the land’s dimensions and its exact location. The survey plan also reveals the status of the land, whether it is under government acquisition or free from all encumbrances.
DEED OF ASSIGNMENT & CONVEYANCE
The Deed of Assignment (also called Deed of Conveyance in some states) is a legal document that transfers ownership of the land from the seller to the buyer. It contains detailed information about the parties involved, the history of the land ownership, and the terms and conditions of the sale. The deed must be duly signed by both parties and witnessed by legal representatives. It is also crucial for the Deed of Assignment to be registered at the appropriate land registry.
CERTIFICATE OF OCCUPANCY (C of O)
The Certificate of Occupancy is a crucial document issued by the state government, granting the holder the right to occupy and use the land for a specified period, usually 99 years. The C of O serves as proof of ownership and is essential for securing bank loans or any financial transactions involving the land. It also protects the buyer from any future disputes regarding land ownership.
GOVERNOR’S CONSENT
According to the Land Use Act of 1978, all land transactions in Nigeria require the consent of the state governor. The Governor’s Consent is necessary for the legal transfer of land ownership and ensures that the transaction complies with the state’s regulations. The consent is obtainable after the execution and in the course of registration of a Deed of Assignment or any other agreement that transfers an interest in a landed property.
APPROVED BUILDING PLAN
If the land is purchased for development purposes, an approved building plan is necessary. This plan must be approved by the relevant planning authority and should comply with the zoning regulations and building codes of the area. The approved building plan ensures that the intended development is legal and adheres to the urban planning standards.
IDENTIFICATION DOCUMENTS
The seller must provide valid identification documents, such as international passports, national ID cards, or driver’s licenses. These documents are required to verify the identities of the parties involved in the transaction. Additionally, it is advisable to include passport-sized photographs of both parties.
POWER OF ATTORNEY (if applicable)
If the seller is not personally available to execute the sale, a Power of Attorney may be issued to a representative who can act on their behalf. This document must be duly signed and notarized, granting the representative the authority to handle all aspects of the land sale, including signing documents and receiving payments.
PROBATE/ LETTER OF ADMINISTRATION/ ASSENT
In a property bequeathed or left behind by a deceased person, the personal representatives of the deceased must obtain either a grant of probate in case the deceased died testate or a Letter of Administration in case the deceased died intestate. A buyer buying such property will also be given Assent signed by the Executors or Administrators of the estate. These documents are very key because they are the only documents that can be used to prove title to the property of a deceased person.
JUDGEMENT
A judgement of the court may be demanded in some cases as evidence of title to land. Under the law, where there has been a lawsuit seeking declaratory reliefs on the title to land or property, the judgment obtained from this lawsuit could form part or become the main document to prove title to the property. So, a buyer of property that has been litigated upon can demand to see a copy of the judgment that declared the title of such property in favour of a particular person or family.
DULY FILLED APPLICATION FORMS
In Lagos State, a transfer form known as Form 1C needs to be filled and signed by both the seller and buyer. The form is crucial for the successful registration of the title to the property when the buyer intends to do so.
EVIDENCE OF PAYMENT FOR LAND CHARGES
During the purchase process, various fees and charges are payable to different government agencies. These may include stamp duties, registration fees, consent fees, and survey fees. Proof of payment for these charges is required to proceed with the property registration and to obtain necessary approvals and consents.
TITLE SEARCH REPORT
Before finalizing the purchase, a thorough title search should be conducted at the relevant land registry. This search helps to confirm the authenticity of the land title and ensures that there are no encumbrances, such as mortgages, liens, or legal disputes, associated with the property. A title search report provides peace of mind to the buyer, confirming that the land is free from any legal issues. The search should be carried out by the lawyer to the purchaser.
CONCLUSION
The process of purchasing land in Nigeria requires careful attention to detail and thorough verification of all necessary documents. Ensuring that all the above-mentioned documents are obtained and verified can protect the buyer from potential legal disputes and fraudulent transactions. Engaging the services of legal and real estate professionals is highly recommended to navigate the complexities of land purchase and to ensure compliance with all legal requirements.
@RLF
