Estate Guide Series 130 | Author: Realtor Michael Podcasting | Aden Shelters Ltd, Lagos, Nigeria If you are in the USA, UK, or Canada buying property in Nigeria from abroad, this is the most expensive mistake you can make. Many Diaspora HNIs pay ₦150M+ and still do not legally own their land. Why? They confused a Deed with a C of O. The difference is not grammar; it is law, and it determines if your investment is safe.
DANGER WARNING: A receipt and a survey alone will not protect you in court. Thousands of Diaspora buyers have lost properties because they stopped at "family agreement." CAUTION: Agents will tell you "C of O is in process." That phrase has cost buyers ₦50M in litigation. Process is not possession. RED FLAGS 1. Only a Deed of Assignment is offered for a Governor’s Consent area 2.
Seller refuses to show Gazette or approved Layout 3. "Omonile receipt" presented as final title 4. Pressure to pay 100% before documentation THE LEGAL TRUTH: LAND USE ACT, 1978 Under Section 1 of the Land Use Act, 1978, all land in Nigeria is vested in the Governor. That means you cannot get absolute title from a private individual alone. 1. Deed of Assignment: evidence of transfer between two private parties.
Important, but not conclusive. 2. Governor’s Consent: Section 22. Mandatory. Without it, any sale or mortgage of land in a statutory area is void. This is your legal shield. 3. Certificate of Occupancy (C of O): Sections 5 and 9. The highest evidence of a statutory right of occupancy for 99 years. Bankable, transferable, and globally recognized. 10 KEY ACTIONS TO PROTECT YOUR INVESTMENT FROM ABROAD 1.
Demand to see the Gazette and government-approved layout first. No Gazette means no government backing. 2. Verify that the survey plan coordinates match the physical plot using an independent registered surveyor at the Surveyor General’s office. 3. Insist on Governor’s Consent as a condition precedent in your contract. 4. Buy only in estates with government-approved layout to avoid Omonile.
5. Pay only to the company’s corporate bank account and collect an official receipt. 6. Collect all 5 documents: Gazette, survey, deed, payment receipt, and consent. Treat them as your property passport. 7. Book a virtual site inspection with live video and drone. 8. Reject family receipts and community agreements as final title. They are proof of payment only; upgrade immediately to Deed + Governor’s Consent.
9. Confirm who manages security, service charge, and estate regulations. 10. Register and obtain certified true copies within 60 days of execution. REAL CLIENT STORY A client in London paid ₦120M for "cheap" land in Ibeju. No Gazette, no Layout. We stopped the deal and moved him to a Governor’s Consent estate in Sangotedo. 8 months later, his documents are with his lawyer in the UK and his asset is secured.
Video: C Of O Vs Governor’s Consent Vs Deed | EGS 130 (Realtor Michael | Estate Guide Nigeria) https://www.youtube.com/watch?v=MgJuNjvIweg
