THE NECESSARY LEGAL DOCUMENTS TO PROTECT YOUR LAND IN NIGERIA

LAND LAW : PROTECTING YOUR INVESTMENT
 IN LANDED PROPERTIES IN NIGERIA
1.
Legal Protection of
Your Landed
Properties
Investing your hard earned money in a land or landed property without legal protection is holding a time bomb in your hand.
Legal protection of your property is to have all the necessary legal documents that, guarantees and protects your right to exclusive ownership and enjoyment of your property.
2.
Means of
Acquisition of
land and the
Necessary
Legal Documents
  • Purchase - Purchase Receipt, Deed of Assignment.
  • Leasing/Renting - Deed of Lease or Lease Agreement or Tenancy Agreement.
  • Devolution - Testate - Probate or Intestate - Letter of Administration.
  • Gift or Grant - Deed of Grant or Gift.
  • Allotment of family or communal land - Traditional Evidence or Minutes of Meeting.
  •  Sale or Purchase on behalf of another - Power of Attorney
  • Proof of Identity and location of the land -  Survey Plan
3.
Due Diligence -
Verification of Status
of Land
  • Conduct searches in the Land Registry: To know whether the land is encumbered e.g. mortgaged.
  • Charting of Survey Plan at the Office of the Surveyor-General: To verify whether the land has been acquired by Government or the right of occupancy has been revoked or has the right setback. This is done by making a formal application to the Surveyor-General requesting for land information certificate.    
4.
Statutory and Regulatory Requirements
  • In Writing : The Contract of sale of a land or landed property must be in writing.
  • Stamp Duties: An unstamped title document cannot be tendered in court as evidence.
  • Certificate of Occupancy: Confers a statutory right of occupancy which overrides any counter claim to the land unless held otherwise by the court.
  • Governor’s consent : The consent of the Governor of a State must be obtained before any Assignment, Lease or Mortgage of an interest in land in a State in Nigeria can be recognised as valid in law.
  • Registration of Title Documents with the Registrar of Title: Any document affecting land - except a Will - must be registered. An unregistered title document is not admissible in court as evidence of legal title.
  • Payment of Ground rent for Certificate of Occupancy or land use charges.
  • Approval of Building Plans.

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