Legal processes for buying land
Buying land in Nigeria involves several legal and procedural steps to ensure ownership is valid and protected. Here is a step-by-step breakdown of the legal process for buying land in Nigeria:
1. Conduct Due Diligence
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Verify Ownership: Confirm that the seller has the legal right to sell the land. Request a copy of the title document (e.g., Certificate of Occupancy, Deed of Assignment, Registered Survey, etc.).
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Check Land Status:
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Registry Search: Conduct a search at the State Land Registry to verify ownership and any encumbrances.
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Survey Plan Verification: Verify at the Office of the Surveyor General to confirm the land's location and that it's not under government acquisition.
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Town Planning/Zoning: Check if the land is designated for residential, commercial, or agricultural use.
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Community Land: If it's family/community land, get consent from all principal family members or community heads, and document this clearly.
2. Land Inspection
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Physically inspect the land to confirm its boundaries and check for disputes, encroachment, or squatters.
3. Agreement & Payment
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Draft and Sign a Sale Agreement: Engage a property lawyer to prepare a Deed of Assignment or Agreement to Sell, which details the terms and conditions of the sale.
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Witnesses: Ensure both parties and witnesses sign the document.
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Payment: Make payment via traceable means (bank transfer, bank draft) and collect a payment receipt.
4. Obtain and Register Deed of Assignment
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This document officially transfers ownership to the buyer.
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The Deed must be stamped and registered with the State Land Registry.
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The seller must also sign a transfer form (Form 1C or equivalent).
5. Governor’s Consent
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As per the Land Use Act of 1978, land in Nigeria is vested in the Governor of each state.
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Any transfer of interest requires the Governor’s Consent.
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Application is made through the State Ministry of Lands with:
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Deed of Assignment
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Application Letter
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Tax Clearance Certificate
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Evidence of payment (stamp duty, registration fee, consent fee)
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Survey plan
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6. Registration
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Once the Governor’s Consent is obtained, you must register the transaction with the State Land Registry.
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This gives your ownership legal recognition and public notice.
7. Obtain Certificate of Occupancy (C of O) (if buying bare land)
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For undeveloped or government-allocated land, apply for a Certificate of Occupancy in your name.
8. Tax & Fees to Consider
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Stamp Duties
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Registration Fees
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Consent Fees
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Legal Fees (Usually 5-10% of land value)
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Capital Gains Tax (may be required if seller is a company)
Summary of Required Documents
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Deed of Assignment/Sale Agreement
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Survey Plan
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Certificate of Occupancy (if available)
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Governor’s Consent
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Payment Receipt
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Tax Clearance Certificate (buyer & seller)
