Property Registration in Nigeria: A 2025 Legal Guide

By the Real Estate & Property Law Team at O.I.D. Legal Consult

Owning property in Nigeria requires more than just payment or possession. It requires formal registration to secure your legal ownership rights and ensure protection against fraud, disputes, or future encumbrances. The process of property registration in Nigeria is governed by multiple laws, including the Land Use Act, Stamp Duties Act, and other state-specific land laws.

This article outlines the step-by-step procedure for registering property in Nigeria, referencing relevant statutes and landmark case law.

🏠 Why Register Property in Nigeria?

Property registration serves as legal proof of ownership, provides public notice of your interest in the land, and allows for the valid transfer or sale of the asset. It also protects against:

• Fraudulent claims or double sales

• Hidden encumbrances or mortgages

• Legal disputes over title

✅ Step-by-Step Procedure for Property Registration in Nigeria

1. Conduct a Search at the Land Registry

Before buying any property, conduct a title search at the Land Registry in the state where the property is located. This search will:

• Confirm the true ownership of the land

• Reveal existing encumbrances (e.g., mortgages, caveats, or court orders)

• Expose any third-party claims

Case Reference: Ogunola v. Eiyekole (1990) 4 NWLR (Pt. 146) 632The Supreme Court emphasized that buyers must verify ownership and encumbrances to avoid invalid transactions.

2. Prepare the Deed of Assignment

The Deed of Assignment is the legal document that transfers ownership from the seller to the buyer. It must:

• Be drafted by a legal practitioner

• Contain a full description of the land

• State the names of parties and terms of sale

• Be duly executed by both parties

Legal Basis:

• Section 22, Property and Conveyancing Law, Cap P2, Laws of Lagos State 2015

• Conveyancing Act 1881

• Case Reference: Adesoye v. Adewole (2000) 9 NWLR (Pt. 671) 127

  The court affirmed that only a valid, executed deed of assignment proves lawful transfer of interest.

3. Obtain the Governor’s Consent

Under the Land Use Act 1978, all land in a state is vested in the Governor, who must consent to any transfer of interest in land. Without consent, the transaction is void.

• Apply to the state Lands Bureau or Ministry of Lands

• Include the Deed of Assignment and supporting documents

• Pay applicable processing and administrative fees

Legal Basis: Section 22, Land Use Act 1978

Case Reference: Savannah Bank v. Ajilo (1989) 1 NWLR (Pt. 97) 305The court held that any land transaction without the Governor’s consent is legally defective.

4. Stamp the Deed of Assignment

Before the Deed of Assignment can be registered, it must be stamped at the Stamp Duties Office. This process involves:

• Payment of stamp duties, calculated based on the value of the property

• Affixing an official stamp to validate the document

Legal Basis: Section 3, Stamp Duties Act, Cap S8, LFN 2004.

Case Reference: UBA v. Tejumola & Sons Ltd (1988) 2 NWLR (Pt. 79) 662. Stamped documents are admissible in court and enforceable by law.

5. Register the Deed of Assignment at the Land Registry

The stamped deed must be submitted to the state Land Registry for formal registration. Required documents typically include:

• Stamped Deed of Assignment

• Governor’s consent letter

• Proof of payment of registration fees

• Identification of parties

Purpose:

• Public notice of the buyer’s interest

• Legal priority over subsequent interests

• Legal protection against third-party claims

Case Reference: Ogunbambi v. Abowab (1951) 13 WACA 222The court upheld the necessity of registration for a buyer’s interest to take legal priority.

6. Obtain a Certificate of Occupancy (C of O)

For land that is unregistered, or allocated by the government, the buyer may need to apply for a Certificate of Occupancy. The C of O serves as:

• Official proof of legal title

• Evidence of statutory right of occupancy

• A key document for land development and resale

Legal Basis: Section 9, Land Use Act 1978

Case Reference: Ogunleye v. Oni (1990) 2 NWLR (Pt. 135) 745A Certificate of Occupancy was recognized as solid evidence of ownership and

occupancy rights.

🛡️ Conclusion: Protecting Your Real Estate Investment

The process of property registration in Nigeria involves several critical legal steps—from conducting a land search to obtaining Governor’s consent and registering the title. Skipping any step could result in:

• Loss of investment

• Ownership disputes

• Legal ineligibility to transfer or develop the land

To safeguard your interest, it is strongly advisable to engage a property or real estate lawyer who understands both statutory requirements and state-specific procedures.

📞 Need Legal Support with Land & Property Registration?

At Resolution Law Firm, we provide expert legal services in real estate transactions, land due diligence, deed drafting, title verification, and registration support across Nigeria.

📧 oidlegalconsult@outlook.com 📱 +2348168868476 (Call or WhatsApp)

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