Buying Land in Nigeria: Legal Checklist to Verify Ownership and Avoid Fraud

Buying land in Nigeria requires thorough legal verification before any payment is made. Many disputes arise because buyers rely solely on assurances from sellers or agents without conducting proper due diligence.

A structured legal review helps confirm ownership, identify risks, and ensure that the transaction is legally valid. The checklist below outlines the key steps that should be taken before purchasing land anywhere in Nigeria.

Confirm the Identity and Authority of the Seller

The first step is confirming that the person selling the land has the legal right to transfer it. This involves verifying:

• the seller’s identity
• whether the seller is the registered owner
• whether the seller is acting under a valid Power of Attorney
• whether the land belongs to a family or community that requires multiple consents

Family land transactions require particular caution. Under Nigerian property law, a sale of family land may be invalid if principal family members do not consent to the transaction. Taking this early precautionary step to confirm the seller’s authority helps prevent disputes after payment has been made.

Review the Title Documents

Every land transaction should be supported by valid title documentation. These documents help establish ownership and the legal history of the property. Common title documents in Nigeria include:

Certificate of Occupancy (C of O)

Issued by a state government granting a statutory right of occupancy over land.

Governor’s Consent

Required when land previously granted under a Certificate of Occupancy is transferred to another person.

Deed of Assignment

The legal instrument used to transfer ownership from a seller to a buyer.

Excision and Gazette

In some locations, particularly in Lagos State, land may have been excised from government acquisition and recorded in an official government gazette.

These documents should be reviewed carefully to ensure that the names, survey details, and ownership records are consistent. Land administration in Nigeria is largely governed by the Land Use Act 1978, which vests land in each state in the Governor to hold in trust for the public.

Conduct a Search at the Land Registry

A search at the Land Registry is an essential part of land verification. It helps to confirm:

• the identity of the registered owner of the land
• the genuineness of the title documents
• whether the land has been used as collateral for a loan
• whether court orders or other encumbrances affect the property

This step helps confirm the authenticity of the information presented by the seller.

Verify the Survey Plan

A survey plan identifies the precise location and boundaries of the land. Verification through the office of the Surveyor-General helps determine whether the land falls within:

• government acquisition areas
• road expansion corridors
• land reserved for public infrastructure
• overlapping or disputed boundaries

If the land falls within a government acquisition area, the government has the legal right to revoke private interests in the property for public purposes for which it was originally designated. This is a very common risk associated with land purchases in Nigeria.

Review the Ownership History

It is also important to review the chain of title, also known as the recital, which shows how ownership has passed from one owner to another over time. This review process may involve examining:

• previous Deeds of Assignment
• earlier property transfers
• past disputes or litigation affecting the land
• claims involving family members or neighbouring landowners

A consistent ownership history reduces the risk of exposure to competing ownership claims.

Conduct Physical Inspection and Community Enquiries

Land registry searches should be combined with a physical inspection of the land and community enquiries. This helps confirm:

• that the land exists at the stated location and matches its description
• whether the land is occupied or under development
• whether there are disputes known within the community

Local community enquiries may reveal disputes, competing claims, or other issues affecting the land that do not appear in official records.

Common Red Flags When Buying Land

There are certain warning signs during land transactions that should prompt buyers to approach the transaction with extra caution before making any payment.

Pressure to Pay Quickly

If a seller insists on immediate payment without allowing time for verification, buyers should proceed with caution and insist on completing proper checks first.

Multiple Ownership Claims

Where more than one individual or family claims ownership of the same land, it is a strong red flag and buyers should consider walking away from such transactions.

Fake or Unverifiable Documents

Title documents that cannot be verified at the Land Registry or relevant government offices may indicate fraudulent ownership claims.

Omo-Onile Demands

In parts of Lagos and southwestern Nigeria, buyers may encounter individuals asserting traditional ownership rights, often referred to as “omo-onile”. Where such individuals are in an ownership dispute with the seller, this may indicate the likelihood of future conflicts after the purchase.

Why Legal Due Diligence Matters

Many property disputes in Nigeria occur because buyers rely on and easily accept verbal assurances from sellers or agents without conducting further verification.

Proper legal due diligence helps to:

• confirm the authenticity of title documents
• confirm the seller’s authority to sell
• identify legal restrictions affecting the land
• detect possible existing encumbrances
• detect disputes before payment is made
• ensure that transaction documents properly protect the buyer’s interests

Taking these steps significantly reduces the risk of purchasing land with defective title.

Before You Commit to Any Land Purchase

Buying land in Nigeria usually involves a significant financial investment. This is why conducting due diligence before making payment helps prevent costly mistakes when investing in real estate.

Obtaining legal advice early, before parting with money, ensures that the interests of buyers are adequately protected.