Are you planning to sell your land in Nigeria but concerned on how to transfer land title properly? Do you want to avoid costly mistakes that could delay or invalidate your property transaction?
In this post, we’re going to show you the step-by-step process to transfer land title in Nigeria successfully and ensure your property sale is legally binding.
But, what does it mean to transfer land title? Land title transfer in Nigeria is the legal process of moving ownership rights from one person to another. This process makes the new owner the official legal owner of the property.
The Land Use Act of 1978 states that all land is by the government, according to Chaman Law. Under this law, proper title transfer requires specific documents and government approvals to be legally valid.
Many property owners make expensive mistakes during the transfer process. Some lose money, while others face years of legal battles. With the knowledge provided in this post, you can avoid these costly mistakes.
What is the importance of Land Title Transfer?
1. Legal Protection for Both Parties
When you transfer land title properly in Nigeria, the seller and buyer get full legal protection. The seller proves they no longer own the property, while the buyer gets clear ownership rights.
Without proper transfer, ownership disputes can arise years later. And disputes often end up in court, thereby costing both parties time and money.
2. Required for Future Transactions
The new owner will need proper title documents for any future activities with the land. For example:
- Selling the property to someone else
- Using the land as loan collateral
- Building on the property
- Passing the land to family members or children
3. Government Requirements
Local and state governments require proper title transfer before approving development permits, some government agencies require documents bearing new owner details before connecting utilities to the property.
Many government services depend on having clear, up-to-date ownership records in official systems.
Documents Needed to Transfer Land Title in Nigeria
1. Original Certificate of Occupancy (C of O)
The C of O is an important document required for legal land ownership. This document is one of the most important titles for land in Nigeria. To legalize a title transfer, you must have the original C of O.
If the original C of O is lost or damaged, you’ll be required to apply for a replacement before starting the transfer process.
2. Registered Survey
You need a genuine registered survey plan prepared by a licensed surveyor for the land you want to transfer it’s title. This plan must show:
- Exact property boundaries
- Property size and dimensions
- Access roads and pathways
The survey plan should prepared by a surveyor registered with the state government where the land is located.
3. Deed of Assignment
A deed of assignment is one of the legal document that officially transfers ownership from the seller to the buyer. This document must include:
- Full names and addresses of both parties
- Detailed property description
- Sale price and payment terms
- Signatures of both parties and witnesses
4. Stamp Duties
Stamp duties are a form of tax levied on documents. In Nigeria, this duty is required to make the Deed of Assignment legally binding. After the Deed of Assignment is executed, the buyer must pay stamp duties to legally bind the transaction.
5. Governor’s Consent Application
Under the Land Use Act of 1978, all land in Nigeria is vested in the governor of each state, who holds it in trust for the people. Therefore, to transfer land ownership, the governor’s consent must be obtained.
It is a must you apply for governor’s consent to make the transfer legally valid under Nigerian law.
Application for this requires additional forms, fees, and supporting documents specific to the state.
Step-by-Step Process to Transfer Land Title in Nigeria
1. Verify Property Ownership
Before set out to process title transfer of a property, verify that the seller owns the land and has all right to sell. Check ownership documents and conduct a title search at the land registry in the state.
What you should watch out for when dealing with “document verification”:
- Valid Certificate of Occupancy bearing seller’s name
- No pending court cases on the property
- No pending disputes
Verify ownership of the property in order to avoid scam of buying property from sellers who doesn’t have legal rights to sell a property
2. Prepare The Necessary Documents
Gather all documents required for the transfer. Work with qualified lawyers and surveyors to ensure everything meets legal requirements for a smooth process.
Double-check that all documents are:
- Genuine or properly certified copies
- Current and not expired
- Properly signed and witnessed
3. Prepare the Deed of Assignment
Employ the service of a qualified property lawyer to draft the deed of assignment. The deed of assignment must clearly state the:
- Parties involved in the transaction
- Property location and description
- Terms and conditions of the sale
- Payment details and schedule
- Transfer date and completion requirements
Both parties should review the deed carefully before signing. Be sure you understand all terms and conditions stated in this document.
4. Execute the Deed of Assignment
The deed of assignment is executed through signature by the seller and the buyer in the presence of witnesses. Nigerian law requires that:
- Both parties must sign personally
- At least two adult witnesses must sign
- Signatures must be genuine and voluntary
Store multiple certified/signed copies of the executed deed safely for your records.
5. Pay Required Taxes and Fees
After the Deed of Assignment is executed, the buyer must pay stamp duties. Stamp duties are a form of tax levied on documents. In Nigeria, this duty is required to make the Deed of Assignment legally binding.
- Capital gains tax (for the seller)
- Stamp duty on the deed of assignment
- Registration fees at the Land Registry
Get receipts for all payments as you’ll need these for the next steps.
6. Register the Transfer
Submit all documents to the Land Registry in your state to officially record the transfer in your name. This registration:
- Updates government ownership records
- Creates a paper trail for the transaction
- Provides public notice of the ownership change
- Protects both parties legally
Safely keep all registration receipts and reference numbers for tracking purposes.
6. Register the Transfer
Submit documents at the Land Registry in the state to officially record the transfer in your name. This registration:
- Updates government ownership records
- Creates a paper trail for the transaction
- Provides public notice of the ownership change
- Protects both parties legally
Safely keep all registration receipts and reference numbers for tracking purposes.
7. Apply for Governor’s Consent
Submit your governor’s consent application with all required documents and fees. This final step makes the transfer legally complete under Nigerian law.
Conclusion
Land title transfer protects your property investment and ensures legal compliance. While this process may involve multiple steps and requirements, preparing carefully ahead.
A proper title transfer benefits both buyers and sellers by providing legal certainty and protection. Don’t rush the process – take your time to do things correctly saves money and prevents future problems.
Start gathering your documents early and work with qualified professionals who understand the state’s requirements. With proper planning and execution, you can complete your land title transfer successfully.
Have you been wanting to buy land or house in Ibadan, Epe, Ajah, Lekki, Ibeju-Lekki or anywhere in Nigeria? Reach out to us on +234 806 400 3456 or send an email to support@godslandempire.com. We are ever ready to assist you on your property ownership journey in Nigeria.