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Real Estate & Property Law

Property Acquisition,
Title Registration &
Certificate of Occupancy

Whether you are buying a completed home, acquiring a parcel of land, perfecting title to an existing property, or processing a Certificate of Occupancy in any of Nigeria's 36 states — Oluwaseto F. Oluseto & Co. provides the complete legal coverage to protect your investment from first enquiry to final registration.

Why This Practice Matters

Property in Nigeria Demands
Expert Legal Protection

Land ownership in Nigeria is one of the most consequential — and most legally complex — transactions that any individual, family, or corporation can undertake. The Land Use Act of 1978 fundamentally altered the landscape of property rights in Nigeria by vesting all land in each state in the hands of the Governor, who holds it in trust for the people. What this means in practice is that no individual in Nigeria owns land outright — what they hold is a statutory right of occupancy, typically for a term of 99 years, granted by the state.

This legal framework creates a series of critical requirements that must be satisfied for any property transaction to be legally valid and enforceable. Without proper title documentation — a Certificate of Occupancy (C of O), a registered Deed of Assignment with Governor's Consent, or other recognised instrument of title — a property buyer's investment is exposed to the risk of competing claims, government revocation, and complete loss without adequate compensation.

The Nigerian property market is also unfortunately characterised by fraudulent transactions — multiple sales of the same plot, sales of government-acquired land, forged title documents, and sellers without legal capacity to convey title. The only effective protection against these risks is rigorous legal due diligence conducted before any money changes hands, by a qualified legal practitioner with deep experience in Nigerian property law.

Oluwaseto F. Oluseto & Co. provides precisely that protection — across every category of real property transaction and across all 36 states of the Federation and the Federal Capital Territory.

The Legal Foundation

"Under Section 9 of the Land Use Act, a Certificate of Occupancy is the primary evidence that a statutory right of occupancy has been granted by the Governor. Without it, ownership claims may be legally weak — leaving property owners vulnerable to disputes, revocation, or loss."

Land Use Act 1978 — Section 9

Our Real Estate Promise

  • Full title investigation before you pay a kobo
  • Nationwide coverage — all 36 states + FCT
  • Complete C of O processing from application to collection
  • Governor's Consent for all qualifying transactions
  • Registered Deed of Assignment — properly stamped
  • Court action if your title is challenged
Our Real Estate Services

Complete Coverage for Every
Property Transaction

From the moment you identify a property to the moment your title is fully registered — we manage every legal step on your behalf.

01

Purchase of Completed Properties

Full legal representation in the acquisition of completed residential and commercial properties — houses, flats, duplexes, bungalows, office buildings, warehouses, and shopping complexes. We conduct title verification, draft and review all transaction documents, negotiate sale agreements, and manage the conveyancing process from offer to completion.

02

Acquisition of Landed Properties

Legal advisory and representation in the purchase of bare land — plots, parcels, farmland, industrial land, and development sites — across all states of Nigeria. We investigate title, verify boundaries, conduct searches at the relevant land registry, identify encumbrances, and ensure that the transaction is structured to protect the buyer's interests completely.

03

Certificate of Occupancy (C of O) Processing

End-to-end management of the Certificate of Occupancy application process in any state of Nigeria. We prepare and submit the complete application package, liaise with the Ministry of Lands on the applicant's behalf, respond to queries, track progress, and collect the completed Certificate — handling the full bureaucratic process so the client does not have to.

04

Title Registration & Perfection

Registration of title documents at the relevant state land registry or the Abuja Land Registry (FCT). We manage the complete perfection process — Governor's Consent application, stamping at the Stamp Duties Office, and registration of the Deed of Assignment — ensuring that the buyer's title is formally recorded and protected against third-party claims.

05

Governor's Consent Application

Under Section 22 of the Land Use Act, any assignment, mortgage, or long lease of a statutory right of occupancy requires the prior consent of the State Governor. We prepare and prosecute Governor's Consent applications on behalf of buyers, sellers, and mortgage lenders — managing the process efficiently across all states of the Federation.

06

Property Title Investigation & Due Diligence

Comprehensive pre-purchase due diligence — including official land registry searches, survey plan verification, physical inspection advisory, community and family title investigation, verification of seller's capacity to convey, identification of government acquisition areas, and detection of encumbrances, mortgages, and adverse claims.

07

Deed of Assignment Preparation

Drafting, reviewing, and perfecting Deeds of Assignment — the primary instrument by which ownership of land is transferred in Nigeria. We ensure that all Deeds of Assignment are accurately drafted, properly executed by the parties, witnessed in accordance with legal requirements, and subsequently stamped and registered to complete the perfection of title.

08

Deed of Sub-Lease & Long Lease

Drafting and registration of long leases and sub-leases — particularly for commercial tenants occupying government land or land held under a superior C of O. We advise on lease structuring, rental review mechanisms, break clauses, repairing obligations, and the consent requirements that apply to subleases under the Land Use Act.

09

Mortgage Documentation & Enforcement

Legal documentation of mortgages over Nigerian real property — including Legal Mortgages, Equitable Mortgages, and Debentures secured on land. We act for both lenders and borrowers in structuring property-backed finance, preparing mortgage instruments, registering charges, and, where necessary, pursuing mortgage enforcement through receivership or court proceedings.

10

Survey Plan Regularisation

Advisory and liaison services for the regularisation of survey plans — including commissioning of new surveys by registered surveyors, verification of survey accuracy, coordination with the Office of the Surveyor-General, and resolution of boundary disputes between neighbouring landowners through negotiation or legal proceedings.

11

Real Estate Development Agreements

Drafting and negotiation of joint venture development agreements, building contracts, off-plan sale agreements, estate development frameworks, and property management agreements for developers, investors, and landowners. We structure arrangements that protect all parties' interests through the development cycle from land acquisition to final sale.

12

Property Dispute Litigation

Representation in property disputes before the High Courts, Court of Appeal, and Supreme Court — including trespass to land, recovery of possession, declaration of title, boundary disputes, family land litigation, fraudulent conveyance claims, and injunctions to restrain unlawful dealings in land. We protect our clients' property rights through every available legal mechanism.

Certificate of Occupancy

Understanding the
Certificate of Occupancy

A Certificate of Occupancy (C of O) is a statutory document issued by a State Governor — through the Ministry of Lands — that confirms the holder has been granted a legal right to occupy and use a specific parcel of land for a defined period, typically 99 years. It is issued under Section 9 of the Land Use Act 1978 and represents the highest form of land title available to an individual or corporate entity in Nigeria.

The C of O serves as the primary legal proof of land ownership in Nigeria. Without it, a property owner's rights to their land remain legally vulnerable. Banks require a C of O to grant mortgage finance. Courts look to it as the primary evidence of title in land disputes. Government ministries require it to process further transactions on the same land. It is, in short, the foundation on which all subsequent property dealings rest.

The process of obtaining a C of O varies by state but follows a broadly consistent framework established by the Land Use Act and state-specific land regulations. It involves application, site inspection, survey verification, assessment, payment of prescribed fees, and issuance — a process that, managed without expert legal guidance, can take years. Managed by our team with the benefit of established relationships and procedural expertise, it moves with considerably greater speed and certainty.

A C of O is not merely a document — it is the legal foundation of your property rights in Nigeria. Every subsequent transaction on that land — every mortgage, every sale, every lease — depends on the strength and validity of that foundation.

— Real Estate Practice, Oluwaseto F. Oluseto & Co.
Our C of O Process

How We Process Your
Certificate of Occupancy

01

Initial Assessment & Title Verification

We review existing documents, confirm the nature of the land holding, verify the survey plan, and confirm that the land qualifies for a fresh C of O application — distinguishing it from land that already carries a registered title requiring only Governor's Consent.

02

Survey Plan Commissioning

We engage a registered surveyor to produce or verify the land survey plan — an essential document for the C of O application. The survey must be signed and stamped by a licensed surveyor and filed with the Office of the Surveyor-General of the state.

03

Application Preparation & Filing

We prepare the complete C of O application package — including the prescribed application form, survey plan, evidence of payment, tax clearance certificate, and all supporting documents — and file it formally with the state Ministry of Lands and Housing.

04

Site Inspection Coordination

We liaise with the Ministry to schedule and facilitate the mandatory site inspection, during which government officials visit the land to verify its boundaries, confirm it is unencumbered, and assess its use. We accompany or brief the applicant on what to expect.

05

Assessment, Fees & Payment

We obtain the Ministry's assessment notice specifying the applicable fees — Ground Rent, Survey fees, Processing charges, and Capital Contributions — arrange payment through the appropriate channels, and file proof of payment with the application.

06

Collection & Delivery

Upon issuance, we collect the executed Certificate of Occupancy, verify its contents for accuracy — confirming the correct name, address, and plot description — and deliver it to the client with a full explanation of its contents, conditions, and the obligations it creates.

Understanding Nigerian Land Titles

The Three Principal Title
Documents in Nigerian Law

Understanding which title document applies to your property is the first step to protecting your investment. We explain, advise, and act on all three.

Primary Title
Certificate of Occupancy (C of O)

The highest form of land title in Nigeria, issued directly by the State Governor under Section 9 of the Land Use Act. Confers a statutory right of occupancy for 99 years. It is the original title instrument — issued once, when land is first formally recognised by the state.

  • Issued by State Governor / Ministry of Lands
  • 99-year right of occupancy
  • Required for mortgage applications
  • Strongest evidence of title in court
  • Required for subsequent Governor's Consent
  • Available in all 36 states & FCT
Transfer Title
Governor's Consent

Under Section 22 of the Land Use Act, any assignment, mortgage, or long lease of a statutory right of occupancy is void unless the prior consent of the State Governor has been obtained. Governor's Consent is therefore mandatory for every subsequent transfer of land that already carries a C of O.

  • Mandatory for all land transfers under C of O
  • Applied for at the Ministry of Lands
  • Without it the transfer is void in law
  • Required for bank mortgage transactions
  • Endorsed on the Deed of Assignment
  • Applies in all 36 states & FCT
Deed Instrument
Deed of Assignment

The primary document by which the seller's interest in land is transferred to the buyer in Nigeria. Must be properly executed, stamped at the Stamp Duties Office, and registered at the land registry to perfect the buyer's title. Governed by the Conveyancing Act and state-specific instruments.

  • Drafted by a qualified legal practitioner
  • Executed by seller and buyer before witnesses
  • Must be stamped — Stamp Duties Act
  • Must be registered at Land Registry
  • Governor's Consent endorsed on it
  • Confers legal title when perfected
Nationwide Coverage

We Process Titles in
All 36 States & the FCT

Our real estate practice covers every state in the Federation. Whether your property is in Lagos, Abuja, Ogun, Rivers, Kano, or any other state — we have the knowledge, relationships, and procedural expertise to manage your title transaction to completion.

Abia
Umuahia
Adamawa
Yola
Akwa Ibom
Uyo
Anambra
Awka
Bauchi
Bauchi
Bayelsa
Yenagoa
Benue
Makurdi
Borno
Maiduguri
Cross River
Calabar
Delta
Asaba
Ebonyi
Abakaliki
Edo
Benin City
Ekiti
Ado-Ekiti
Enugu
Enugu
Gombe
Gombe
Imo
Owerri
Jigawa
Dutse
Kaduna
Kaduna
Kano
Kano
Katsina
Katsina
Kebbi
Birnin Kebbi
Kogi
Lokoja
Kwara
Ilorin
Lagos ★
Primary Base
Nasarawa
Lafia
Niger
Minna
Ogun
Abeokuta
Ondo
Akure
Osun
Osogbo
Oyo
Ibadan
Plateau
Jos
Rivers
Port Harcourt
Sokoto
Sokoto
Taraba
Jalingo
Yobe
Damaturu
Zamfara
Gusau
Federal Capital Territory (FCT) — Abuja
FCDA Land Registry — Federal Ministry of the FCT
Protecting Your Investment

The Risks of Buying Without
A Lawyer

Every year, thousands of Nigerians lose their life savings to fraudulent or defective property transactions. These are the risks our due diligence protects you against.

❌ Multiple Sales of the Same Plot

The single most common fraud in the Nigerian property market. A seller — or an agent acting fraudulently — sells the same plot to multiple buyers. Only one can ultimately succeed in the courts. Without a registry search conducted before payment, you may never know you are the fifth buyer of the same land.

❌ Government Acquisition Areas

Large tracts of land across Nigeria have been compulsorily acquired by state or federal government for public purposes. Land within an acquisition area cannot be validly sold to a private buyer. Only an official gazette search and land registry check — conducted by a qualified lawyer — will reveal whether your property is affected.

❌ Family Land Disputes

In many parts of Nigeria, particularly in Lagos and the South West, land is held communally by families. A single family member — even a legitimate one — does not have the authority to sell family land without the consent of the head of family and principal members. Sales made without proper family consent are voidable and routinely challenged in court.

❌ Forged Title Documents

Forged Certificates of Occupancy and Deeds of Assignment are a persistent feature of the Nigerian property market. A forged C of O can appear entirely authentic to an untrained eye. Only a formal search at the relevant land registry, conducted by a registered legal practitioner with standing to conduct such a search, will confirm whether a title document is genuine.

✅ How We Protect You — Title Investigation

Before any money changes hands, we conduct a comprehensive official search at the relevant land registry, verify the survey plan with the Surveyor-General's office, investigate the seller's capacity to convey, check for government acquisition, and examine the property's history of ownership — delivering a written due diligence report that tells you exactly what you are buying.

✅ How We Protect You — Full Perfection

After purchase, we ensure your title is fully perfected — Governor's Consent obtained, Deed of Assignment stamped at the Stamp Duties Office, and the entire transaction registered at the land registry. A registered, perfected title is the only form of ownership that is fully protected against subsequent claims, government challenges, and the passage of time.

Legal Framework

Key Legislation Governing
Nigerian Property Law

Our real estate practice is grounded in a comprehensive knowledge of the primary and secondary legislation that governs land ownership, title registration, and property transactions in Nigeria — including the state-specific instruments that vary the national framework in each of the 36 states.

  • Land Use Act Cap L5 LFN 2004 — the primary legislation governing all land in Nigeria
  • Lagos State Lands Registration Law 2015
  • Lagos State Tenancy Law 2011
  • Stamp Duties Act Cap S8 LFN 2004
  • Conveyancing Act 1881 (as applicable in Southern States)
  • Registration of Titles Law (Lagos State)
  • Survey Laws of the various States of the Federation
  • State Lands and Housing Laws — all 36 states
  • Evidence Act 2011 — admissibility of title documents
  • Companies and Allied Matters Act 2020 — corporate property holding
  • Mortgage Institutions Act Cap M19 LFN 2004
  • Federal Capital Territory (Lands) Act — Abuja FCT
Our Fees

Transparent, Value-Based Pricing

Our real estate legal fees are structured transparently and competitively — reflecting the complexity of the transaction, the state in which it is located, and the range of services required. We provide a written fee estimate before commencing any instruction so there are no surprises.

What Determines Our Fee

  • Value and nature of the property
  • State in which the property is located
  • Whether title is already registered or fresh
  • Number of title documents to be perfected
  • Complexity of the due diligence required
  • Whether litigation is involved

Note: Government fees — including Ministry of Lands processing fees, Governor's Consent charges, Stamp Duties, and Land Registry registration fees — are separate from our professional legal fees and are paid directly to the relevant government agencies. We provide a complete estimate of all anticipated costs before commencement.

Buying a Property or Processing
Your Certificate of Occupancy?

Do not pay a kobo until our lawyers have investigated the title. Contact us today for a confidential consultation — in Lagos or in any state of Nigeria.