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Buying land in Nigeria can be a rewarding investment, but the legal complexities involved require careful attention. Many prospective buyers overlook key steps, which can lead to disputes, loss of investment, or fraud.
This guide will walk you through the entire legal process of how to buy land in Nigeria, from selecting a plot to finalizing the transaction, with other critical insights.
The first thing every buyer must know is that land in Nigeria is governed by the Land Use Act of 1978. This law vests all land within each state under the control of the governor, who holds it in trust for the public. Essentially, private ownership of land does not exist without government consent. Any land acquisition involves obtaining a Certificate of Occupancy (C of O), which certifies a person’s right to occupy and use the land for a certain period (usually 99 years).
Important Note: Buyers must confirm if the land has a valid C of O before purchasing. If the land lacks this document, it may be subject to government seizure.
Once you identify a plot, the first legal step is to verify the title. This is crucial because, in Nigeria, numerous fraud cases involve the sale of land by unauthorized individuals. You should conduct a search at the Land Registry in the state where the land is located.
Steps to verify land ownership:
Example: In Lagos, title verification at the Land Registry costs between ₦10,000 to ₦50,000, depending on the nature of the search.
Many buyers overlook zoning laws, which regulate how land can be used. Before purchasing, it is essential to ensure that the land you intend to buy is zoned for your intended use—residential, commercial, industrial, or agricultural. If the zoning is not compatible, you may not be able to build or use the land as planned.
Note: Even if a property has a valid title, it may be subject to government acquisitions for public purposes. Always verify with the state’s Ministry of Physical Planning whether the land is part of a planned acquisition.
A Deed of Assignment is the document that transfers ownership from the seller to the buyer. This is arguably the most important document after confirming the title. The deed outlines the rights and obligations of both parties and should include:
Hire a lawyer to draft and review the deed to ensure its legal validity. Hire The Trusted Advisors.
According to the Land Use Act, every land transaction in Nigeria requires the consent of the state governor. Failure to obtain this consent makes the transaction null and void in the eyes of the law. The process for obtaining Governor’s Consent can take up to 6 months and costs roughly 3% to 5% of the property value.
The Governor’s Consent is necessary even when transferring land between family members or through inheritance. Without this consent, any future sale of the land could be deemed illegal.
Hire The Trusted Advisors to facilitate swift processing of Governor’s Consent for your land.
A Survey Plan is a critical document that shows the exact boundaries and dimensions of the land. It helps ensure there are no encroachments or boundary disputes. You should get a licensed surveyor to conduct an independent survey if the one provided by the seller seems dubious.
Note: In rural areas, traditional rulers (Obas or Chiefs) often have significant influence over land matters. While not legally binding, gaining their informal consent or endorsement can help prevent future disputes.
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The land purchase process involves several costs beyond the purchase price:
Once the deed is signed and payment is complete, the next step is to register the land at the Land Registry. This formalizes the transfer of ownership and protects the buyer from future claims.
This is one of the most critical but often skipped steps by buyers. Registration gives you legal standing if a dispute arises later. Without it, you may lose your claim to the property, even if you have a valid deed.
You can verify this by conducting a search at the state’s Ministry of Physical Planning or Lands Bureau. If the land is part of a government acquisition, it may be difficult to get the necessary approvals for development.
A Certificate of Occupancy (C of O) is issued by the government and proves your right to occupy the land. A Deed of Assignment, on the other hand, is a private document that transfers ownership from the seller to the buyer.
Yes, it’s highly recommended to hire a lawyer. A qualified real estate lawyer ensures that all the legal documents are in order, helps avoid fraud, and ensures compliance with state laws, especially in terms of obtaining the Governor’s Consent.
Hire The Trusted Advisors – we have one of the best property and real estate lawyers in Nigeria.
Yes, foreigners can buy land in Nigeria, but they need to comply with certain restrictions under the Land Use Act. They must also obtain the necessary approvals, including the Governor’s Consent.
Buying land in Nigeria is a significant investment, but it comes with legal hurdles that must be carefully attended to. By following the steps outlined in this guide, from verifying the title to registering the land, you can protect your investment and avoid future complications.
Most importantly, always engage a qualified lawyer to help you through the process, and ensure you comply with zoning laws, Governor’s Consent, and other state-specific regulations.
Also Read:
How to Avoid Real Estate Fraud in Nigeria: Legal Guide
Understanding the Land Use Act in Nigeria: A Comprehensive Guide
How to Verify Property Titles in Nigeria: A Comprehensive Guide
How to Obtain Certificate of Occupancy in Nigeria: A Comprehensive Guide
The Trusted Advisors – A leading full-service law firm in Lagos, Abuja, Nigeria.
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