Land is one of the most expensive and significant investments an individual can make in Nigeria. For many people, buying land represents security and a creation of legacy. Yet, it is also one of the most litigation-prone transactions in Nigerian. Hence, the law places a heavy burden on anyone buying land in Nigeria to ensure that the seller has a good title and the legal capacity to transfer ownership.
The guiding principle is the age-long maxim nemo dat quod non habet, you cannot give what you do not have. In simple terms, a buyer cannot acquire a better title than that of the seller. Moreover, where the seller’s title is defective, the buyer’s interest collapses with it.
Thus, it is important to do your due diligence so you don’t fall into scams. As Verity, Ag. P. ob- served in Ogunbambi v. Abowab1,
“The case is indeed in this respect like many which come before this court: one in which the Oloto family either by inadvertence or design sell or purport to sell the same piece of land at different times to different persons. It passes my comprehension how in these days, when such disputes have come before this court over and over again, any person will purchase land from this family without the most careful investigation, for more often than not they purchase a law suit, and very often that is all they get.”
This article provides clear answers to the frequently asked questions people often have when buying land in Nigeria.
WHAT DOCUMENTS PROVE OWNERSHIP OF LAND IN NIGERIA?
According to the principle inI dundun v. Okumagba,2 one out of the five ways of proving ownership by production of documents of title which must be duly authenticated. In terms of documents, the strongest proof of ownership is a Certificate of Occupancy (C of O). Other valid documents include a Governor’s consent, Deed of Assignment, Deed of Gift, and registered court judgments relating to land.
WHAT IS A CERTIFICATE OF OCCUPANCY (C OF O)?
A Certificate of Occupancy is a document issued by the governor, pursuant to section 9(1) of the Land Use Act, confirming a person’s right of occupancy over land, usually for 99 years (at the Governors discretion).
IS IT SAFE TO BUY LAND WITHOUT A C OF O IN NIGERIA?
Well, it carries increased risk. Land without a C of O may still be valid, but thorough land search, investigation of title, and proper documentation are essential to avoid disputes.
HOW DO I VERIFY LAND OWNERSHIP IN NIGERIA?
Land ownership is verified by conducting a search at the Land Registry, checking survey plans, confirming family or community ownership. You should also ensure the land is free from government acquisition or court disputes.
WHAT IS GOVERNOR’S CONSENT AND WHY IS IT IMPORTANT?
Governor’s Consent is the approval required before transferring any interest in land. Without it, a land transaction is incomplete and legally defective, though not automatically void.
CAN A FAMILY SELL LAND IN NIGERIA?
Yes. However, the family head plus all principal members of the family must consent to the sale. A sale by only one family member without the consent of the family head may be challenged and set aside. Even the sale of family property by the head of the family without consent of the principal members is voidable3.
WHAT HAPPENS IF TWO PEOPLE BUY THE SAME LAND?
The person with the better title, usually the one who conducted proper searches and perfected documentation will succeed. Also, Nigerian courts generally protect a bona fide purchaser for value i.e someone who bought land honestly, paid for it properly, and had no idea there was a problem with the seller’s title.
CAN LAND BE SOLD WITHOUT A WRITTEN AGREEMENT?
While oral agreements may be recognised in limited situations, land transactions should always be in writing to be enforceable and to prevent future disputes.
WHAT IS LAND UNDER GOVERNMENT ACQUISITION?
This refers to land taken over by the government for public purposes. When this happens, no one can lawfully sell such land unless the government officially releases it.
Additionally, it is important to know that the government can revoke a right of occupancy for overriding public interest as stated in Section 28 of the Land Use Act
CAN FOREIGNERS OWN LAND IN NIGERIA?
Yes, but only subject to statutory requirements and proper registration. In practice, acquisition is often structured through a Nigerian-incorporated company, recognised as a separate legal person under Salomon v. Salomon & Co. Ltd4 or through an approved leasehold arrangement.
It is important to mention the Acquisition of Land by Aliens Law enacted by some Nigerian states, like Lagos State, to regulate how non-Nigerians can acquire land within the state. According to the interpretation section of that law, an alien can be interpreted to mean any individual other than a Nigerian.
HOW LONG DOES LAND REGISTRATION TAKE IN NIGERIA?
The timeline varies by state but can take several months, depending on documentation, payment of fees, and administrative processes.
Land matters require caution, proper documentation, and legal guidance. Interestingly, many land disputes arise from failure to verify ownership or obtain necessary consents.
Wrapping Up: Buying Land in Nigeria
Land is too valuable an asset to be approached casually. The courts have long warned that a buyer who fails to verify title may discover too late that he has purchased not land but uncertainty, and often, a lawsuit.
Finally, always contact a lawyer, especially when it has to do with preoperty.
- (1951) 13 W.A.C.A. 222 at 223 ↩︎
- (1976) 9-10 SC 227 ↩︎
- Ekpendu v. Erika (1959) 4 FSC 79 ↩︎
- [1897] AC 22, ↩︎
Ojienoh Segun Justice, ESQ
Lead Partner, Eko Solicitors & Advocates
Salawa Abike Sule-Azeez
Counsel, Eko Solicitors & Advocates
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