Documents to Ask for When Buying a Land/House in Nigeria
When buying a property in Nigeria, there are several vital documents to ask for. Some of these documents are used to validate the seller’s title to the property. we will discuss some important documents to request when purchasing land or landed property in Nigeria.
As the phrase goes, knowledge is power, and if you are well educated in this field, I am confident that you will not fall for land scams in Nigeria.
To avoid unnecessary disputes, property buyers must ensure that the seller has the legal right to transfer ownership in that property to them. This brings us to the importance of asking for the necessary documents, which are evidence that the seller has a good title and can thus validly transfer ownership to the buyer. 8 Things to Think About Before Buying Land in Nigeria
Documents required for buying of land/house in Nigeria
- Deed of Assignment/ Deed of Transfer
- Certificate of Occupancy
- Approved Survey Plan
- Duly Perfected Assent
- Power of Attorney
- The Sale and Purchase Agreement.
Deed of Assignment/ Deed of Transfer
This document indicates the buyer gaining legal ownership of the property, subject to perfection. This document is critical; every buyer must seek it when purchasing a property from someone who previously purchased it from someone else.
Although the abstract of title, epitome of title, and payment receipt are supposed to be separate papers, they are all included in the Deed of Assignment.
Certificate of Occupancy
The Certificate of Occupancy is one of Nigeria’s most essential land documents. It can be used to prove legal ownership of any land in Nigeria.
It is the document indicating that an individual has been given a statutory right of occupancy by the Governor of the state or a customary right of occupancy by the Local Government Chairman in the case of rural land.
Approved Survey Plan
This document becomes even more significant if the home and surrounding property are purchased together.
The authorized survey plan is another key document to ask for when purchasing land in Nigeria since it clearly indicates and defines legal boundaries, helps expose the genuine ownership status of a property, and also reveals if the site is under any government acquisition or committed area.
Duly Perfected Assent
Through an assent, the personal representatives divest themselves of the deceased’s real estate.
This is necessary when the residence belongs to the estate of a deceased person; in this case, the buyer must obtain a duly perfected assent from the personal representatives. He can even go so far as to confirm whether or not letters of administration/probate have been granted.
The Sale and Purchase Agreement
The agreed terms and conditions by both the buyer and seller are documented in the Sale and Purchase Agreement. An excellent example of this would be the negotiation for the price of the flat. The agreement would contain the agreed amount of the flat by both-the buyer and the seller.
Power of Attorney
A power of attorney is a document, generally sealed, in which a person (donor) permits another person (donee) to do anything that the donor can do legally on his behalf. Because this is a tool for delegation, it is frequently necessary when one person is acting on behalf of another.
Other documents, while not commonly required when purchasing a home/land, may become relevant depending on the circumstances surrounding the transaction. these documents include the following
- Duly perfected Legal Mortgage.
- Vesting order/Judgement of Court.
- The Mother Deed
- Building Approval Plan
- Evidence of grant from the State among few others.