Navigating Lagos Land Documentation: Certificate of Occupancy Explained

# Navigating Lagos Land Documentation: Certificate of Occupancy Explained

One of the biggest concerns for property buyers in Lagos is ensuring proper title documentation. Understanding the various land documents and their implications is crucial for protecting your investment and avoiding costly disputes.

## The Certificate of Occupancy (C of O)

### What is a C of O?

A Certificate of Occupancy is the most important land document in Lagos and across Nigeria. Issued by the Lagos State Government under the Land Use Act of 1978, it grants the holder the right to occupy and use a piece of land for a specified period (typically 99 years).

### Key Features

- **Issued by**: Lagos State Government

- **Validity**: 99 years (renewable)

- **Rights Granted**: Right to occupy, develop, and transfer (with Governor's Consent)

- **Legal Status**: Strongest proof of land ownership in Lagos

### How to Verify a C of O

1. **Physical Inspection**: Check for Lagos State Government seal, registration number, and signatures

2. **Registry Search**: Conduct official search at Lands Registry, Alausa

3. **Survey Plan**: Verify survey plan matches property boundaries

4. **Encumbrance Search**: Check for mortgages or liens on property

## Governor's Consent

### What is Governor's Consent?

Governor's Consent is required approval from the Lagos State Governor for any land transaction involving property with a Certificate of Occupancy. This includes sales, transfers, mortgages, and leases exceeding 3 years.

### Why It's Important

- **Legal Requirement**: Transactions without Governor's Consent are technically invalid

- **Risk Mitigation**: Protects against fraudulent transactions

- **Bank Requirement**: Essential for mortgage financing

- **Future Sale**: Buyers won't purchase without it

### Obtaining Governor's Consent

**Process**:

1. Application submission with required documents

2. Payment of consent fees (typically 3-5% of property value)

3. Processing period (3-6 months)

4. Issuance of consent letter

**Required Documents**:

- Original C of O

- Sale agreement

- Survey plan

- Tax clearance

- Application forms

- Identity documents

## Other Important Land Documents

### Excision and Gazette

**Excision**: Process by which government officially releases community land for private ownership.

**Gazette**: Government publication documenting the excision.

Properties in communities without excision carry higher risk of government acquisition or disputes.

### Survey Plans

Survey plans show property boundaries and must be:

- Prepared by licensed surveyor

- Registered with Lagos State Surveyor General

- Bearing registration number and seal

- Matching physical property boundaries

### Deed of Assignment

Legal document transferring ownership from seller to buyer. Must include:

- Parties' details

- Property description

- Purchase price

- Terms and conditions

- Signatures and witnesses

### Power of Attorney

Document granting someone authority to act on property owner's behalf. Can be:

- **General**: Broad powers for all transactions

- **Specific**: Limited to particular transaction

*Warning*: Be cautious of properties sold via Power of Attorney—verify authenticity thoroughly.

## Red Flags in Land Documentation

### Properties to Avoid

1. **No C of O**: Only excision/gazette or survey plan

2. **Disputed Ownership**: Multiple parties claiming ownership

3. **Government Acquisition**: Land earmarked for public use

4. **Wetlands/Drainage**: Environmentally sensitive areas

5. **Right of Way Issues**: Properties blocking access to others

6. **Unregistered Documents**: Sale agreements not registered

### Common Fraud Schemes

**Family Scams**: Family members selling same property to multiple buyers.

**Forged Documents**: Fake C of O or Governor's Consent documents.

**Land Grabbers (Omo Onile)**: Extortionists claiming traditional ownership.

**Double Sales**: Property sold to multiple buyers simultaneously.

## Due Diligence Process

### Step 1: Physical Inspection

- Visit property during different times

- Check boundaries match survey

- Verify no one occupying property

- Assess neighborhood development

### Step 2: Document Verification

- Original C of O inspection

- Lands Registry search

- Survey plan confirmation

- Check Governor's Consent history

### Step 3: Legal Search

- Court search for litigation

- Probate search (if inherited property)

- Company search (if corporate seller)

- Bankruptcy search

### Step 4: Professional Verification

Engage:

- Property lawyer

- Licensed surveyor

- Title search firm

- Real estate agent

### Step 5: Neighborhood Investigation

- Speak with neighbors

- Check estate/community association records

- Verify utility availability

- Assess security situation

## Cost of Documentation

### Initial Purchase

- Certificate of Occupancy procurement: ₦2-5 million

- Survey plan: ₦500,000 - ₦1 million

- Legal fees: 2-5% of property value

- Registration: ₦500,000 - ₦1 million

### Governor's Consent

- Consent fees: 3-5% of property value

- Legal fees: ₦500,000 - ₦1.5 million

- Processing: ₦200,000 - ₦500,000

## Timeline Expectations

- **C of O Application**: 12-24 months (new application)

- **Governor's Consent**: 3-6 months

- **Title Search**: 1-2 weeks

- **Registry Document Review**: 2-4 weeks

- **Survey Verification**: 1-2 weeks

## Protecting Your Investment

### Best Practices

1. **Never Rush**: Take time for thorough due diligence

2. **Use Professionals**: Engage lawyers and surveyors

3. **Verify Everything**: Trust but verify all documents

4. **Keep Records**: Maintain copies of all documents

5. **Get Insurance**: Consider title insurance for high-value properties

### Title Insurance

Title insurance protects against:

- Undisclosed liens

- Boundary disputes

- Fraud and forgery

- Registration errors

Cost: 0.5-1% of property value (one-time premium)

## Government Initiatives

Lagos State Government has implemented several initiatives to streamline land documentation:

### Electronic Certificate of Occupancy (eC of O)

Digital certificates reducing fraud and processing time.

### Regularization Program

Opportunity for property owners with imperfect titles to obtain proper documentation.

### Online Land Registry Portal

Digital access to land records and document verification.

## Conclusion

Proper land documentation is non-negotiable for protecting your Lagos property investment. While the process can seem complex, working with experienced professionals ensures you secure valid title and avoid costly disputes.

**Need guidance on land documentation or title verification? Power House Real Estate provides comprehensive due diligence services to protect your investment. Contact us today.**