When buying or selling land in Nigeria, two documents often cause confusion: the Certificate of Occupancy (C of O) and the Deed of Assignment (commonly called a “deed”). Both are essential, but they serve very different roles. At Lands of Nigeria (LON), our goal is to clarify these legal terms in simple language so you can navigate property transactions with confidence and avoid common pitfalls.
Summary of Key Differences
- Issuer: A C of O is issued exclusively by the state government, while a Deed of Assignment is created and signed by private parties (seller and buyer) and later registered with the land registry.
- Function: The C of O grants you the legal right to occupy and use government land for up to 99 years. A deed merely records a transfer of ownership between individuals; it does not grant new rights from the government.
- Scope: Only lands first allocated by government carry a C of O. Every subsequent sale uses a Deed of Assignment. If you buy land with an existing C of O, you need both documents plus Governor’s Consent to update the title.
What Is a Certificate of Occupancy (C of O)?
A C of O is the ultimate proof that the government recognizes your right to occupy and develop a parcel of land. Under the Land Use Act of 1978, the state governor issues this document for a renewable period of 99 years. Key details include:
- Holder’s Name: Who may legally occupy the land.
- Plot Description: Exact size, location, and boundaries.
- Permitted Use: Whether the land is for residential, commercial, agricultural, or industrial purposes.
- Government Seal: Official stamp and signature of the issuing state ministry.
Why a C of O Matters
- Legal Security: Protects against government acquisition without compensation.
- Market Value: Buyers and lenders prefer properties backed by a valid C of O.
- Transfer Requirements: Essential for any subsequent sale or mortgage.
What Is a Deed of Assignment?
The Deed of Assignment is the private contract that records the sale or gift of land from one person to another. It contains:
- Parties’ Details: Names and addresses of the seller (assignor) and buyer (assignee).
- Property Description: Same plot information found in the C of O.
- Sale Price: Agreed purchase amount.
- Signatures and Witnesses: Validates the transaction.
Why You Need a Deed of Assignment
- Proof of Purchase: Confirms money exchanged hands and the transfer of rights.
- Registration: Must be lodged and registered at the state land registry to be legally enforceable.
- Link in Title Chain: Shows continuity of ownership from one person to the next.
How to Use Both Together
- Buying Land Directly from Government: You apply for a C of O first; no deed is needed until you sell.
- Secondary Market Purchase:
- Secure the vendor’s original C of O.
- Sign a Deed of Assignment with your lawyer.
- Obtain Governor’s Consent (to legalize the transfer).
- Register both at the land registry to update the C of O in your name.
Quick Reference Table
| Document | Issuer | Purpose | Validity |
|---|---|---|---|
| Certificate of Occupancy (C of O) | State Government | Grants land use and occupancy rights | 99 years (renewable) |
| Deed of Assignment | Private Parties (Buyer/Seller) | Records transfer of ownership between people | Indefinite (once registered) |
Final Tips from LON
- Always Verify: Request to see the original C of O and confirm its authenticity with the state ministry.
- Engage Experts: Hire a qualified property lawyer to draft and register deeds and process Governor’s Consent.
- Keep Records: Maintain copies of all documents, including payment receipts, for future transactions.
By understanding these differences, you’ll be well-equipped to make smarter, safer land investments in Nigeria. For more guides and verified property listings, visit Lands of Nigeria (LON) and take the uncertainty out of buying land.
