C of O vs Deed of Assignment vs Governor's Consent in Nigeria — Which Is Stronger?

When buying land in Nigeria, the seller's agent will always describe whatever document they have in the most favourable terms possible. "We have C of O on the estate" may mean 30 individual plots each have a C of O, or it may mean there is one C of O for the entire estate land that has never been subdivided into individual titles. "Deed of Assignment" sounds official and legal but can range from a properly executed solicitor-prepared deed to a one-page handwritten paper signed in someone's living room. Here is an honest guide to what the main documents are and what protection they actually provide.

The Full Title Hierarchy in Nigeria

Certificate of Occupancy (C of O) — Strength 10/10

The C of O is the gold standard of Nigerian land title. It is a statutory right of occupancy granted by the state governor under the Land Use Act. Key characteristics:

• Government-issued and held in the Land Registry — verifiable by search
• 99-year tenure (renewable)
• States permitted use, which cannot be changed without formal approval
• Accepted as collateral by all Nigerian banks
• Required for mortgage applications
• Difficult to forge (embossed state seal, unique registry number)

The limitation: Getting a C of O takes time and money — typically 3–18 months depending on state. Most Nigerian land transactions happen through deeds rather than direct C of O transfers because the process is faster.

Governor's Consent — Strength 9/10

Under the Land Use Act, you cannot validly transfer (sell, gift, or mortgage) a right of occupancy without the Governor's Consent to the transaction. This means when someone sells you land that already has a C of O, the sale is not legally complete until the Governor endorses the transfer onto the C of O (or issues a new C of O in your name).

In practice, millions of Nigerian land transactions happen by Deed of Assignment without Governor's Consent — the deed is signed, the purchaser takes possession, and the consent process is started (or never completed). The risks of not completing the consent process:

• The original C of O holder (the seller) remains on the Lands Registry as the title holder
• Third-party creditors of the seller can legally attach the land even after it has been sold
• If the seller dies, the land may be treated as part of their estate by other heirs
• Banks will not lend against the property without the consent

Deed of Assignment — Strength 4–6/10

A Deed of Assignment is a private legal agreement between buyer and seller documenting the transfer of ownership rights. Its strength depends on:

Registered and Stamped

A deed that has been stamped by the State Inland Revenue (stamp duty paid) and registered at the Lands Registry is a "perfected" deed. It creates a public record that can be verified. Strength: 6/10.

Unregistered

A deed signed between parties but never submitted for stamping or registration is legally valid between the parties but cannot be enforced against third parties. Strength: 4/10. This is the situation with many informal land transactions in Nigeria — the deed looks official but has no backing record in any government registry.

Chain Quality

A deed is only as strong as the seller's own title. If the seller's title is a weak or disputed family allocation, the deed you receive inherits all those defects. Always trace the title chain back to its origin — ideally to a government allocation or a C of O — and verify each link in the chain.

Gazette — Strength 6/10

A government gazette notice records that land has been excised from government acquisition and released for private development. Gazetted land is land for which individual C of Os can theoretically be obtained — but the gazette notice itself is not a title to any individual plot. It merely establishes that the land has been legally released from government hold. Without further processing into individual C of Os, a gazette reference is not enough title to build on or sell from with confidence.

Survey Plan Only — Strength 3/10

A survey plan describes and maps the physical boundaries of a plot. It is prepared by a registered surveyor and identifies the land precisely. But a survey plan alone confers no title — it says where the land is, not who has the legal right to it. Many fraudulent land sales are accompanied by a survey plan to create an impression of legitimacy. The survey plan is a necessary document in any proper title, but it is never sufficient on its own.

Family Allocation Letter / Receipt — Strength 1/10

In many Nigerian communities, particularly in the South East and in Lagos Island communities, land has historically been held by families and allocated to members by a family head. An allocation letter from the family head, or a payment receipt, is the documentary evidence of this arrangement.

This is the weakest title type in Nigerian property — not because the land transaction is necessarily dishonest, but because:

• There is no government record to verify
• Family heads can change; successor family heads may not recognise the allocation
• Other family members may dispute the allocation
• It is legally vulnerable to revocation by the community
• No bank will accept it as collateral under any circumstances

What Title Should You Accept When Buying?

If you are paying significant money for land, accept no title weaker than a Deed of Assignment supported by a C of O or a clear chain traceable to government allocation. Before completing payment:

1. Conduct a formal search at the Lands Registry to verify the C of O or deed registration
2. Engage a solicitor to review the full chain of title from origin to current seller
3. Commission a surveyor to verify the survey plan against the physical plot
4. Build the cost of obtaining Governor's Consent (if not already done) into your budget

Frequently Asked Questions

If I buy land with a Deed of Assignment, can I get a C of O?

Yes — applying for a C of O after purchasing land with a deed is the standard process described in this article. The deed is the starting document; the C of O is the outcome. Budget both the time (months to a year or more) and the consent and registration fees for this process.

What is "perfecting a title"?

Perfecting a title means completing all the legal steps required to make a land transaction fully valid — stamp duty payment, registration at the Lands Registry, and (for C of O land) obtaining Governor's Consent. An unperfected title has not completed all these steps and remains partially vulnerable.

Is a notarised deed the same as a registered deed?

No — a notarised deed has been witnessed and certified by a notary public or commissioner for oaths. A registered deed has been physically submitted and recorded at the Lands Registry. Notarisation does not replace registration. For a deed to be enforceable against third parties, it must be registered.

Can I sell property with only a Deed of Assignment?

Yes — you can pass a deed of assignment to a buyer who becomes the new holder of the same imperfect title you had. But you will be selling from a weaker position, and buyers with financing available to them cannot proceed without a bankable title. Getting the Governor's Consent and/or C of O before you sell makes the property more valuable and the transaction smoother.

See All Document Types and State Costs

The Land Survey and Title Guide covers all seven document types in full — with a visual title strength comparison, 10-state cost table for survey plans, C of O and Governor's Consent, and a step-by-step land buying process guide. It also lists 8 red flags for land scams to watch for before you commit to any purchase.