Buyers often ask for a “C of O” as though one document settles ownership. It does not. A certificate of occupancy, deed of assignment, survey plan and consent answer different questions. Understanding the difference helps you ask for the right checks before paying.
A certificate is evidence of a right, not a universal guarantee
The Land Use Act allows a Governor to issue a certificate of occupancy as evidence of a right of occupancy. It identifies an interest granted or recognised under the Act; it does not by itself tell you whether the person presenting it is still entitled to sell, whether later transfers were validly completed, or whether the land in front of you matches its description.
Ask a lawyer to inspect the original or a certified copy and trace later transactions. The name on a certificate may be an earlier holder. If the seller is a successor, the connecting documents matter as much as the certificate.
A deed records a transaction
A deed of assignment normally records a transfer between named parties and describes the interest and land being transferred. Its quality depends on the transferor's own title, correct execution, property description and required formalities. A deed signed by someone with no transferable interest cannot cure that problem. The Land Use Act places consent requirements on many dealings in statutory rights of occupancy; your lawyer should confirm the requirements for the exact transaction and state.
Ask for the seller's acquisition deed and earlier links in the chain, not just the proposed new deed. Check dates, names, plot references and signatures for consistency. Where a company or estate is involved, ask who has authority to sign.
A survey locates land; it does not prove title
A survey plan helps identify boundaries and location. A registered surveyor should compare it with the physical site and, where appropriate, official records. It is possible to have a plausible title paper paired with an incorrect or overlapping survey. Conversely, a surveyed plot is not automatically owned by the person marketing it.
What to request from the seller
Request the certificate or other root-of-title document, the sequence of transfer documents, survey plan, identification or company authority, and evidence of any required consent or registration. Then instruct independent professionals to search the relevant registry and inspect the site. In Lagos, land administration services include property search and certified copies; do not assume another state's process is identical.
The safest question is not “Do you have a C of O?” It is “What interest is being sold, how did the seller acquire it, and what independent checks confirm this particular parcel?”
Sources
Official pages this guide relies on. Rules and fees change, so check the current version before you act.
- Land Use Act (lawsofnigeria.placng.org)
- Land administration services (landonline.lagosstate.gov.ng)
Related reading: Full buying checklist · Lagos land search steps.