Land is a valuable asset in every part of the world. Owning land assets in Nigeria is not complete without acquiring relevant documents from the government and seller of the land. Land documents are also used to identify the legitimate owners of landed properties,

This publication is important to intending and existing property owners because it provides comprehensive knowledge of the relevant land documents.

What Are Land Documents?

Land documents are official papers binding an agreement to lease, transfer, or purchase land. The Nigeria Land Use Act of 1978 stresses the documentation of land ownership and transfers for reference purposes.

According to the Nigerian Institute of Advanced Legal Studies, land disputes are the major civil cases in the country, and land documents are generally used to verify land ownership. Land documents also give an individual, or organization, legitimate rights over a property for residential or commercial purposes.

What Are The 10 Types Of Land Documents In Nigeria?

Land Receipt:

A land receipt is a written note acknowledging the payment for a land asset. It is significant in binding a land contract since it reflects the names of the buyer and seller, the signatures of the parties involved and witnesses, and the date of purchase.

The receipt of purchase is usually issued by the seller after the buyer meets all financial obligations.

Deed of Assignment

This document is used to transfer the legal control of a land to another party. A deed of assignment comes into play after an official receipt has been issued.

A lawyer is typically involved when issuing a deed of agreement because of their involvement in documenting the change of land ownership at the land registry.

A deed of agreement contains the name of the assigned and assignee, price, location, and other relevant information about the land.

Survey Plan

This document is a major document used to ascertain the legitimate owner of land. The land survey shows a graphical representation of the length and width of the land, and the land boundaries. A survey plan is often presented when applying for a C of O, or during the transfer of land ownership.

Certified land surveyors are mostly assigned with survey drafting task.

Certificate of Occupancy (C of O)

A land C of O is the most important type of land document and can be owned by an individual or jointly owned. The state government has legislative authority to issue a land C of O, and it’s usually issued after the purchase of land.

Depending on the land purpose, land C of O remains relevant for up to 90 years after purchase, in most cases. Lands without a C of O can be hijacked by the government or land grabbers without any resolution.

Deed of Gift

A deed of gift is a document that signifies the transfer of land ownership without monetary gains. A deed of gifts comes into play when a friend or family member gifts a loved one a land property.

The deed of gift can also be used to transfer land ownership to people who are not family. The donor (landowner) has the full right to gift anyone (donee) his land without receiving money in return.

Contract of Sale of Land

This official document shows an agreement between the buyer and seller of a land property, where the seller highlights the terms and conditions before purchasing takes place.

The contract must be thoroughly read to avoid future disputes on the land. The contract contains the price of the land and other relevant land documents.

Governor’s Consent

This is a document the state government gives through the consent of the state governor that allows the transfer of land from one person to another. It is required for the transfer of land that is subject to certain restrictions.

The types of property transactions that require a Governor’s consent include Assignment Mortgage, Sublease, Lease,  and Gift

Power of Attorney

This is an official document that gives a person the legal right to represent a landlord in handling land-related matters. This document becomes significant when the landowner is physically or mentally fit to defend his landed property.

For example, a 90-year-old grandpa may not be medically fit to appear in a court of law defending his legal rights but can issue a power of attorney to a trusted individual to act on his behalf regarding the land.

 Gazette

Gazettes are used to represent land that is available for sale for private or commercial purposes. The state government has a comprehensive list of excised land properties.

Lands published on a gazette can be acquired and sold to the public.

Court Judgement

The magistrate court has legal rights to settle land disputes between two parties. The court reviews and compares all evidence of land ownership before awarding a person full rights over the land.

In Nigeria, where land sellers are fond of selling one land to multiple people for personal gains, the court judgement has the authority to declare the legitimate owner of land.

The court judgement usually awards the first person to register the land with the state government, such as acquiring a C of O, deed of assignment, and a survey of the land. This means having the land receipt or contract of sale is not enough when acquiring new land.

Categories Of Land Documents In Nigeria

The legal system in Nigeria categorized land documents into different parts, namely;

Transaction Document:

These documents highlight the financial records involved with the transfer of land ownership. Examples of transaction documents are receipt of land payment, receipt of C of O, sales contract, etc. These documents act as evidence backing up claims of purchase.

Land Documents:

This type of document is used to identify owners of a land, geographical location, and boundaries of a land. Examples of land documents are survey plans, deeds of agreement, etc. These documents provide legal rights to own and transfer land property from one party to the other.

Title Land Documents:

Often referred to as a title deed, these documents are also used to identify legal owners of a land. Examples of this are certificate of occupancy (, C of O), power of attorney, etc.

Factors To Consider When Buying Land In Nigeria

• Make research about the history of the land in other to avoid future disputes.
• Ensure the contract of sale specifies a total transfer of ownership to you.
• You can prevent land scams by confirming the identity of the landowner through any government-approved identification method.
• Collect all original documents relating to the land.
• Speak to a legal consultant in the field before acquiring land.

Conclusion

In summary, land documents are essential during the purchase or acquisition of land properties. Each document serves the purpose of identifying the legal and rightful owners of a land.

A land buyer must request all land documents before agreeing to the contract of sale. Real estate lawyers are knowledgeable about the relevant types of land documents to acquire.

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