I have a habit when it comes to my health. I’m not a medical doctor, I’m not even in the medical field, so I know very little about certain medical issues.

But here’s what I always do whenever a doctor prescribes medication: I take an extra step. I research the drugs to see if they actually fit my medical condition.

Why? Because doctors are human, and sometimes, due to pressure or oversight, they could prescribe the wrong thing. I double-check- my health and safety is of utmost importance.

Now, why am I telling you this?

Because the same principle applies when buying land in Nigeria. Most people who fall prey to land scams or fraudulent property transactions do so because they are ignorant of certain key terms and steps.

When it comes to buying land, there are certain terms you will encounter — and understanding them can protect you from losing millions.

So, let’s break it down step by step, in the order you’ll likely encounter them:

1.⁠ ⁠DUE DILIGENCE/SEARCH:
This is the investigation carried out to confirm who owns the land and whether it’s safe to buy. It is the first step you must take before you pay for any land.

2.⁠ ⁠ROOT OF TITLE:
The original source of ownership — how the seller became the owner of the land (is it by way of Inheritance, Gift or Assignment?)

3.⁠ ⁠CAVEAT (BUYER BEWARE):
A warning/notice that you must verify everything about the land before paying — don’t take anyone’s word for it.

4.⁠ ⁠ENCUMBRANCE:
is the existence of a third-party right( i.e to say someone else also claims or has right over the land) such as mortgages, court cases, or family disputes.

5.⁠ ⁠DEED OF ASSIGNMENT
The legal document that officially transfers ownership from the seller (assignor) to the buyer (assignee). It is usually prepared by a Lawyer.

6.⁠ ⁠ASSIGNOR:
The person selling or transferring the land.

7.⁠ ⁠ASSIGNEE:
The person buying or receiving the land.

8.⁠ ⁠SURVEY PLAN
A document showing the exact size, location, and boundaries of the land. The Survey Plan is also important to obtain a Certificate of Occupancy.

9.⁠ ⁠CERTIFICATE OF OCCUPANCY (C of O)
A government-issued document confirming your legal right to use and occupy the land.

10.⁠ ⁠GOVERNOR’S CONSENT:
Official approval by the state government allowing the transfer of land ownership.

11.⁠ ⁠STAMP DUTY:
A government tax paid on the Deed of Assignment to make it legally recognized. Failure to pay Stamp Duty can render your Deed of Assignment inadmissible as evidence in court (worthless piece of paper). Take note also that there is a timeframe within which such payment is to be made.

12.⁠ ⁠PERFECTION OF TITLE:
The final step which involves registering your Title documents (Deed of Assignment and other land documents) at the Land Registry. The essence of this is to secure your ownership and title in the property.

What other terms or words have you come across in property transactions that you’re curious about? Drop them in the comments and let’s break them down together.

Remember, ignorance of the law is no excuse.

For more legal insights and guidance on Property Law in Nigeria, speak with a Lawyer.

PROPERTY LAW TUESDAY