C of O vs Deed of Assignment in Nigeria: What You Need to Know
If you have spent any time researching land in Nigeria, you have heard both terms. But many buyers do not fully understand the difference, which one is stronger, and when each one applies. Here is a clear breakdown.
What Is a Certificate of Occupancy?
A Certificate of Occupancy is an official document issued by the Lagos State Government that gives you the legal right to own and use a piece of land or property for 99 years. Without it, even if you have paid for land, your ownership can be challenged or even revoked by the government.
The issuance and regulation of the C of O in Lagos is governed by the Land Use Act of 1978. This Act centralizes land administration under the State Governor, who has the authority to grant land rights and issue Certificates of Occupancy. Under this law, all land in Lagos is held in trust by the Governor for the benefit of the citizens.
A C of O is issued for first-time ownership of government-allocated land. It is the strongest title you can hold on land in Nigeria and is accepted by banks as collateral for loans.
What Is a Deed of Assignment?
A Deed of Assignment is a legal document that transfers ownership of land or property from one private individual to another. When someone who already owns land with a C of O sells it to you, they transfer their rights to you via a Deed of Assignment. Think of it as the receipt and transfer document for a private land transaction.
For resale transactions, the seller must present a previous Deed of Assignment showing how they lawfully acquired the land. This deed should be stamped and registered with the government.
The Critical Difference
The C of O is issued by the government and represents the foundational title of the land. The Deed of Assignment is a private transfer document between buyer and seller. A Deed of Assignment alone does not give you the full force of government-backed legal ownership. After you receive a Deed of Assignment, you must go further and obtain Governor's Consent, which is the government's official approval of the transfer, to perfect your title.
The first buyer of government-allocated land gets a C of O. Every subsequent buyer needs the Governor's Consent to legitimize the transaction.
Which One Is Stronger?
A C of O is always the gold standard. If you are buying land that already has a C of O, ensure the transaction is followed through with Governor's Consent to transfer that title to your name properly. A Deed of Assignment without Governor's Consent leaves your ownership legally incomplete and potentially vulnerable to dispute.
What to Watch Out For
Never accept a Deed of Assignment as the final and only proof of ownership. A Deed of Assignment or a receipt alone is not final evidence of ownership. These are supporting documents. Always verify any C of O at the Lagos State Lands Bureau before completing payment, and always ensure your lawyer perfects the title after purchase.
What Documents Should You Collect When Buying Land in Nigeria?
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