Understanding Land Titles in Nigeria: C of O vs. Deed of Assignment

Buying land in Nigeria can be a tricky business. If you’ve ever tried to purchase land or real estate, you’ve probably heard terms like “C of O” and “Deed of Assignment” thrown around. But what do they really mean?

Are they the same thing, or do they serve different purposes? And most importantly, which one should you be looking out for when acquiring property?

In this guide, we’ll break it all down in a way that’s simple, easy to understand, and practical. By the end, you’ll know exactly what these documents mean, their importance, and how they impact your land ownership journey in Nigeria.

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Why Land Titles Matter in Nigeria

Before we dive into C of O and Deed of Assignment, let’s take a step back and understand why land titles are crucial.

Land titles are legal documents that prove ownership of a piece of land. Without a valid land title, your ownership claim can be challenged, and you might even lose your property.

In Nigeria, land ownership is heavily regulated, and different titles serve different purposes.

To ensure you’re not buying into legal trouble, you need to understand the type of title attached to any property you’re interested in.

What is a Certificate of Occupancy (C of O)?

A Certificate of Occupancy, commonly referred to as a C of O, is an official document issued by the government that confirms an individual or entity as the legal occupant of a piece of land for a specific period (usually 99 years in Nigeria).

The C of O was introduced under the Land Use Act of 1978, which transferred all land ownership to the government. Since then, individuals can only hold land by obtaining a government-issued right to occupy it.

Key Features of a C of O:

It is issued by the government.
It certifies that the holder has legal rights to the land.
It typically lasts for 99 years (after which it can be renewed).
It helps in securing loans and other financial transactions.
It is often required for large real estate developments.

Why is a C of O Important?

A C of O is considered one of the most powerful land titles in Nigeria. It serves as proof that the government recognizes your ownership rights. If you’re buying land in an urban area, ensuring the property has a C of O can save you from potential disputes in the future.

However, it’s important to note that a C of O does not mean absolute ownership. Since land ownership is vested in the government, the C of O simply grants you the right to occupy and use the land for the duration stated in the document.

What is a Deed of Assignment?

A Deed of Assignment is a legal document used when transferring land ownership from one party to another. In simple terms, it is a contract that records the sale and transfer of land from a seller (assignor) to a buyer (assignee).

Key Features of a Deed of Assignment:

It is used in land transactions between private individuals or entities.
It records the details of the land transfer, including the names of the parties, the description of the land, and the agreed purchase price.
It must be registered at the Land Registry to be legally recognized.
It is a crucial document in secondary land transactions (i.e., when land is resold).

Why is a Deed of Assignment Important?

A Deed of Assignment is proof that a property has been legally transferred from one party to another. Without it, the new owner’s claim to the land can be disputed. It also plays a key role in obtaining a Governor’s Consent, which is necessary to make the land transaction fully legal.

C of O vs. Deed of Assignment: What’s the Difference?

Now that we understand both documents, let’s compare them side by side:

Feature	Certificate of Occupancy (C of O)	Deed of Assignment
Issued by	Government	Private parties (buyer and seller)
Purpose	Grants legal right to occupy land	Transfers ownership from one person to another
Lifespan	99 years (renewable)	Permanent once registered
Legal Standing	Recognized as an official government document	Recognized once registered with the Land Registry
Common Use	First-time allocation of land	Secondary sales of land (resale)

In short, a C of O is issued by the government to confirm the right to use land, while a Deed of Assignment is a private document that records the sale of land from one individual to another.

Which One Do You Need?

The answer depends on your situation.

If you are buying land directly from the government, you will be issued a C of O.
If you are buying land from an individual or company, you will need a Deed of Assignment.
If the land you’re buying already has a C of O, the transaction will still require a Deed of Assignment to officially transfer ownership to you.
If the land does not have a C of O, you may need to apply for one after completing the purchase.

In an ideal scenario, you want to buy land that already has a C of O and ensure that the Deed of Assignment is properly registered to avoid future disputes.

How to Verify Land Titles Before Buying

Before you buy land, make sure you do the following:

Conduct a Land Search at the Land Registry – This will help you verify if the land has a valid C of O, Deed of Assignment, or any legal encumbrances.
Check the Survey Plan – This document should match what is registered in the Land Registry.
Request for the Deed of Assignment (if applicable) – Ensure the document is genuine and properly signed by both parties.
Get a Lawyer Involved – A real estate lawyer can help you navigate the legal process and avoid scams.
Obtain Governor’s Consent (if necessary) – For any land transaction involving a Deed of Assignment, obtaining the Governor’s Consent ensures the sale is recognized by law.

Common Land Scams to Avoid

Nigeria’s real estate market has its fair share of fraudsters. Here are some common scams to watch out for:

Omo-Onile Fraud: Local land grabbers selling the same land to multiple buyers.
Fake C of O Documents: Some fraudulent sellers create counterfeit Certificates of Occupancy.
Selling Government-Owned Land: Some lands are earmarked for public use and cannot be sold legally.
Incomplete Land Titles: Some sellers may not have proper documentation, making your ownership risky.

To avoid falling victim to any of these, always verify land titles and work with professionals before making any payments.

Read This: Step-by-Step Guide to Getting a Certificate of Occupancy (C of O)

Final Thoughts

Understanding land titles in Nigeria is crucial to making informed real estate decisions. The Certificate of Occupancy (C of O) confirms the right to occupy land, while the Deed of Assignment records the sale of land between private parties. Both documents are essential, and knowing how they work will help you avoid legal pitfalls.

Before buying any land, always conduct proper due diligence, involve a lawyer, and ensure all necessary documents are in place. With the right knowledge and precautions, you can confidently invest in real estate in Nigeria without unnecessary risks.

Have you had any experiences with land purchases in Nigeria? Share your thoughts in the comments below.