5.1.1 Pre-Land Use Act Tenure

Before 1978, Nigeria operated what amounted to two parallel land systems running side by side, sometimes cooperating and sometimes colliding. The first was the customary tenure system, rooted in traditions that varied from one ethnic group and community to the next. The second was the received English law system, transplanted into Lagos and other parts of Southern Nigeria during the colonial period.

Communal ownership was the most widespread form of customary tenure. Land belonged to the community as a whole. No single individual could claim exclusive ownership. The community — through its chief, elders, or family head — allocated portions of communal land to families and individuals for farming, building, and other uses. The right to use the land was real and enforceable, but it was not the same as ownership in the English law sense. You could farm on the land, build on it, pass it to your children. But you could not sell it outright to a stranger without the community’s approval, because the land did not belong to you alone.

Within this communal framework, family land occupied a special position. A family — often an extended family spanning several generations — held land collectively. The family head managed the land and made allocation decisions, but always subject to the consent of the principal members. This arrangement persists to this day in many parts of Lagos, Ogun, Oyo, and the Southeast, and it remains one of the most fertile sources of disputes that mortgage professionals encounter. Who exactly are the principal members? Does the family head have the authority to sell without calling a meeting? What happens when one branch of the family sells and another claims they were not consulted? The case of Ogunleye v. Oni (1990) settled at least one point: a sale of family land is void unless all the principal members consent.

Individual holdings under customary law did exist, but they came about in specific ways. A person who cleared virgin forest and brought the land into cultivation could, in many communities, claim individual rights over that land. Long, uninterrupted use of a piece of land could also crystallise into something close to individual ownership. But even then, the community retained a residual interest. The land could not be alienated to outsiders without community approval.

The English common law system operated differently. In Lagos Colony and later in other parts of Southern Nigeria, the British introduced freehold tenure — absolute ownership of land, transferable at will, registrable by deed, and enforceable in the courts. Families in Lagos who held Crown Grants from the colonial government enjoyed a form of ownership that was, for all practical purposes, the same as freehold in England. This is why some of the oldest landed families in Lagos — the Animashawun, Oniru, Elegushi, and Ojora families, among others — still hold land interests traceable to grants made well over a century ago.

The result was a dual system. In urban Lagos, English-style freehold coexisted with customary family tenure. In the North, the Land Tenure Law of 1962 (derived from the Land and Native Rights Ordinance of 1910) had already vested all land in the government, with individuals holding rights of occupancy rather than outright ownership. In the South, the picture was even more fragmented, with customary tenure, English law freehold, and various hybrid arrangements all operating at once. By the mid-1970s, the confusion was becoming a serious impediment to economic development, particularly in the rapidly growing cities. Land speculation was rampant. A single piece of land might be sold to multiple buyers by different family members, each claiming authority. The government decided that a single, unified system was needed.

5.1.2 The Land Use Act 1978

The Land Use Act was promulgated on 29 March 1978 as the Land Use Decree (Decree No. 6 of 1978). It is now Cap L5, Laws of the Federation of Nigeria 2004. The Act did something that had never been done before in Southern Nigeria: it vested all land within the territory of each state in the Governor of that state, to be held in trust and administered for the use and common benefit of all Nigerians. In practical terms, this meant that nobody in Nigeria could any longer claim absolute ownership of land. What people could hold, from 1978 onward, were rights of occupancy — statutory or customary — granted by the Governor (for urban land) or by the Local Government (for rural land).

Think of it this way. Before 1978, if you owned land in Lagos, you held the title the way you hold your car keys — the thing was yours, full stop, and you could do what you liked with it. After 1978, the government effectively said: the land is ours now, but we are giving you a licence to use it, and that licence has conditions attached. It can last up to 99 years. It can be renewed. But it can also be revoked if you breach the conditions or if the government needs the land for a public purpose.

The key provisions of the Act run as follows. Section 1 vests all land in the territory of each state in the Governor. Section 2 divides land into urban and non-urban areas, with urban land under the Governor’s control and non-urban land under Local Government control. Sections 5 and 6 create two types of rights of occupancy: statutory rights of occupancy (granted by the Governor over urban land) and customary rights of occupancy (granted by the Local Government over rural land). Section 22 is the provision that mortgage professionals need to know by heart: it stipulates that any transaction involving a statutory right of occupancy — whether it is an assignment, a mortgage, a transfer, or a sublease — requires the consent of the Governor. Without that consent, the transaction is void. The Supreme Court settled this point decisively in Savannah Bank of Nigeria Ltd v. Ajilo (1989), holding that a mortgage created without Governor’s Consent was null and void from inception.

Section 28 gives the Governor power to revoke a right of occupancy for overriding public interest — a concept that includes the need for land for public buildings, roads, pipelines, mining, and similar purposes. And Section 34 deals with compensation: when a right of occupancy is revoked, the holder is entitled to compensation for the value of unexhausted improvements on the land, but not for the land itself. This distinction matters greatly for mortgage lending. If the government revokes the right of occupancy over land used as mortgage collateral, the lender’s security is gone. Whatever compensation is paid covers only the buildings and improvements, not the land.

The Land Use Act was given special constitutional protection. Section 315 of the 1999 Constitution (as amended) preserves it as an existing law. Section 315(5) provides that the Act cannot be amended or repealed except through the procedure for amending the Constitution itself — a two-thirds majority in each house of the National Assembly plus approval by two-thirds of the state Houses of Assembly. This makes it extremely difficult to change, and many commentators have argued that the Act’s rigidity is itself a problem. The procedures for obtaining Governor’s Consent are slow and expensive, the revocation powers are broad, and the restriction on compensation to unexhausted improvements discourages long-term investment in land. But the Act remains the law, and every mortgage transaction in Nigeria must be structured around it.

For mortgage professionals, the implications are direct and unavoidable. First, every mortgage over land held under a statutory right of occupancy requires Governor’s Consent, and a mortgage created without it is void. Second, the government’s power to revoke a right of occupancy means that no piece of land in Nigeria carries absolutely secure tenure. Third, the 99-year maximum term on rights of occupancy means that mortgage terms must account for the remaining life of the right. A right of occupancy granted in 1985 has, as of 2026, about 58 years left. A 25-year mortgage against that right is workable. But a right granted in 1979 with only 52 years remaining requires more careful consideration, especially if the borrower is a young person who may still be living in the property long after the right expires.

5.1.3 Customary Land Rights in the Modern Context

Despite the Land Use Act’s sweeping provisions, customary land rights have not disappeared. In rural areas across Nigeria, land is still allocated, held, and transferred according to customary rules. Traditional rulers and community elders continue to exercise authority over land allocation, even though the Act formally vests rural land in Local Governments. The reality on the ground is that most rural Nigerians neither know nor care about the Land Use Act. They deal with their village head or their family head, not with the Local Government chairman.

In peri-urban areas — the zones on the edges of expanding cities like Lagos, Abuja, Port Harcourt, and Ibadan — customary and statutory systems collide constantly. Families that have held land for generations find themselves dealing with government agencies that want to acquire their land for urban expansion, developers who want to buy it for housing estates, and individual buyers who are desperate for affordable plots. The customary rights are real, but they are often poorly documented. A family might have occupied and farmed a piece of land for 150 years without any written record. When they sell, the buyer gets a family receipt, maybe a deed of assignment, but no Certificate of Occupancy. The title is real but weak.

For mortgage purposes, properties held under customary tenure present serious difficulties. The title chain is hard to verify. Boundaries may not be formally surveyed. Multiple family members may have conflicting claims. And the absence of Governor’s Consent means that any mortgage over such property is, strictly speaking, void under the Savannah Bank v. Ajilo principle. Lenders who accept customary titles as security are taking a risk that most institutional mortgage providers will not touch.

5.2.1 Committed Acquisition

When the government acquires land, it does not always use that land straight away. In some cases, the acquisition is committed — the land has been earmarked for a specific public purpose. Roads, airports, military installations, drainage canals, schools, hospitals, government housing — these are all examples of committed acquisition. The government has a defined plan for the land, and that plan has been formally registered.

The consequences of buying land that falls under committed acquisition are severe. If you purchase such land (knowingly or unknowingly), the government can demolish whatever you build on it without paying you a kobo in compensation. The logic is simple: the land was never available for private use. The government’s interest was registered before you came along, and you (or whoever sold to you) had no right to deal with it.

In Lagos State, this is a particularly common trap. The state government acquired large tracts of land across the metropolis during the 1970s, 1980s, and 1990s for road expansion, drainage, and public infrastructure. Some of these acquisitions were gazetted. Others were not well publicised. Over the decades, families and individuals built on some of this land, sometimes because they did not know it was acquired, sometimes because they simply took the chance. The demolition exercises that periodically sweep through areas like Maroko, parts of Lekki, and sections of the Lagos-Badagry corridor are often the government enforcing its rights over committed acquisition land.

For mortgage lenders, the rule is non-negotiable: never lend against land under committed government acquisition. The due diligence process must include a search at the relevant state Lands Bureau or Ministry of Lands to confirm that the property is not on acquired land. In Lagos, this means checking with the Lagos State Surveyor-General’s Office and obtaining a charting report that shows whether the land falls within any government acquisition.

5.2.2 Global (Non-Committed) Acquisition

Global acquisition (also called non-committed acquisition) refers to land that the government acquired in the past without designating it for any particular purpose. The government simply took over the land, usually by gazette notice, but never used it for anything. Decades pass. The land sits there. Families continue to occupy and farm it. Developers eye it. Buyers offer money for it. But technically, it belongs to the government.

The good news is that global acquisition land can be regularised. The process typically involves an application to the state government, payment of fees (which can be substantial — in Lagos, the cost of regularising a standard plot can run from ₦500,000 to ₦5 million depending on location and plot size), and the issuance of a Certificate of Occupancy or other title document. In effect, the occupant is buying the land a second time — once from the family or original holder, and again from the government through the regularisation process.

The cost implications are real. A buyer who pays a family ₦10 million for a plot in Ibeju-Lekki, only to discover that the land is under global acquisition, may need to spend an additional ₦2 million to ₦4 million on regularisation. If the buyer has already stretched to afford the initial purchase, the extra cost can be crippling.

For mortgage lenders, global acquisition land is not automatically disqualifying, but it does demand extra scrutiny. The lender needs to confirm that the regularisation process has been completed or is well advanced, that the appropriate fees have been paid, and that a Certificate of Occupancy has been issued or is about to be issued. Lending against global acquisition land where regularisation has not even begun is a risk that most prudent lenders will avoid.

Nigeria recognises several different forms of title to land. Each carries a different level of legal weight, and each presents different opportunities and risks for mortgage lending. What follows is a detailed examination of each title type.

5.3.1 Excision and Gazette

Excision is the process by which the government releases a portion of land from its acquisition and returns it to the original owners — usually a family or community that held the land before the government took it over. The word itself tells the story: the government is cutting out (excising) a piece of land from the larger block that it acquired.

The process works like this. The family or community applies to the state government (typically through the Lands Bureau or Ministry of Lands) for excision of their land. The government surveys the area, determines how much land it is willing to release, and issues an excision order. This order is then published in the official Gazette — the government’s official record book. The gazette entry contains the community’s name, the expanse of land excised, the coordinates and boundaries, and the date of excision. The excision is also registered at the Surveyor-General’s office.

In Lagos State, the December 2021 blanket excision was a landmark event. The state government released large swathes of previously acquired land across Ibeju-Lekki, Epe, and other areas, resolving long-standing disputes between communities and the government. Communities that had been lobbying for decades suddenly had their land excised in one sweep.

But here is where things get tricky. Excision is only the first step. After excision, the landowner still needs to process individual title documents — either a Certificate of Occupancy or a Deed of Assignment with Governor’s Consent. An excision gazette on its own tells you that the government has released the land, but it does not give any individual buyer a registrable title. Mortgage lenders should treat excision as a necessary foundation, not as a sufficient title document. A property backed only by an excision gazette, with no C of O or Governor’s Consent, is not ready for mortgage lending.

5.3.2 Certificate of Occupancy (C of O)

The Certificate of Occupancy is the strongest form of title available under Nigerian law. It is the document issued by the state government granting a right of occupancy over a specific piece of land for a term of up to 99 years. It is issued only once, to the original or first holder of the land — either through a direct government allocation or through the processing of an excision.

What makes the C of O so valuable is its directness. It comes straight from the government. It is registered at the state Land Registry. It contains a full description of the property — survey coordinates, boundaries, area, conditions of grant, and the term. And it serves as prima facie evidence of the holder’s right to the land. Any disputes about ownership start from the premise that the C of O holder has the strongest claim.

For mortgage lending, the C of O is the gold standard. A property backed by a valid, subsisting C of O is the safest collateral a lender can take. The title chain is clear. The government’s records confirm the grant. And the right of occupancy is enforceable against the whole world, subject only to the government’s own power of revocation under Section 28 of the Land Use Act.

The case of Savannah Bank of Nigeria Ltd v. Ajilo (1989) made it painfully clear what happens when mortgage transactions ignore the C of O regime. The Supreme Court held that a mortgage over land held under a statutory right of occupancy was null and void because Governor’s Consent had not been obtained. The bank lost its security entirely. The lesson for mortgage professionals is blunt: verify the C of O, confirm Governor’s Consent, and do not assume that a borrower’s claim of ownership is enough.

5.3.3 Governor’s Consent

Section 22 of the Land Use Act provides that a holder of a statutory right of occupancy shall not assign, mortgage, transfer, or sublease that right without the consent of the Governor. This requirement is absolute. It applies to every subsequent transaction after the original grant. If the C of O holder wants to sell to a buyer, the buyer needs Governor’s Consent. If the buyer then wants to mortgage the property, the lender needs Governor’s Consent. If the property changes hands again, yet another Governor’s Consent is needed.

Governor’s Consent is not a title in itself. It is an approval — the government’s endorsement of a particular transaction. But without it, the transaction is legally incomplete. In the Savannah Bank v. Ajilo decision, the Supreme Court did not merely say that the mortgage was irregular. It said the mortgage was void ab initio — void from the very beginning, as though it had never existed. That is an extraordinarily harsh consequence, and it drives home just how seriously the courts take the consent requirement.

Obtaining Governor’s Consent in practice can be time-consuming and expensive. In Lagos State, the process involves submitting an application to the Lands Bureau with the relevant documents (deed of assignment, C of O, survey plan, tax clearance, and others), paying consent fees (which can range from 1% to 6% of the property’s assessed value depending on the state), and waiting for the Governor’s approval. Processing times vary. In Lagos, it can take anywhere from three months to over a year. In Abuja, the process runs through the Abuja Geographic Information Systems (AGIS). Some states are faster; many are slower.

For mortgage professionals, the practical implication is that every mortgage over property held under a statutory right of occupancy must have Governor’s Consent. The lender’s solicitor should confirm that consent has been obtained before the mortgage is executed. If the borrower has not yet obtained consent for the underlying purchase transaction, the lender should either insist on it before disbursement or, at minimum, make disbursement conditional on consent being obtained within a specified period.

5.3.4 Deed of Assignment

A Deed of Assignment is the legal instrument that transfers a right of occupancy (or an interest in land) from one person to another. When you buy property in Nigeria, the document that records the transfer from seller to buyer is a Deed of Assignment. It describes the parties (assignor and assignee), the property (with reference to the survey plan and C of O where applicable), the consideration (the price paid), and the terms and conditions of the transfer.

The Deed must be properly executed — signed, sealed, and witnessed by both parties and their solicitors. It must be stamped at the Federal Inland Revenue Service (FIRS) to pay stamp duty. And it must be registered at the state Land Registry to be effective against third parties. An unregistered deed is binding between the parties themselves, but it does not protect the buyer against someone else who registers a competing interest over the same land.

The distinction between a C of O and a Deed of Assignment is important. The C of O is the original grant of the right of occupancy by the government. The Deed of Assignment is a derivative title — it transfers an existing right from one private party to another. A C of O is issued once. Deeds of Assignment can be executed as many times as the property changes hands. Each new Deed of Assignment in the chain requires a fresh Governor’s Consent.

For mortgage purposes, a Deed of Assignment backed by a C of O and accompanied by Governor’s Consent is strong security. A Deed of Assignment without Governor’s Consent is, strictly speaking, void. A Deed of Assignment without a root C of O in the chain is weaker still, because the lender cannot trace the title back to its government source.

5.3.5 Court Judgement

Sometimes, title to land is established not through a grant or a purchase but through litigation. When ownership of a piece of land is disputed — two families claim it, a buyer and a seller disagree about whether a sale was completed, an heir challenges a purported will — the courts may be asked to determine who holds title.

The landmark case of Idundun v. Okumagba (1976) established five ways in which title to land can be proved in Nigerian law: (1) by traditional evidence of ownership going back to first settlement; (2) by production of documents of title; (3) by acts of ownership extending over a sufficient period of time to warrant the inference that the person is the owner; (4) by acts of long possession and enjoyment; and (5) by proof of possession of connected or adjacent land in circumstances that make it probable that the person is also the owner of the land in dispute.

A court judgement establishing title is valid evidence of ownership. The winner of the case can use the judgement to process a Certificate of Occupancy or other title documentation with the relevant state authority. But court judgements come with their own complications. Appeals can drag on for years. A trial court decision may be overturned on appeal. And the losing party may refuse to vacate the land, requiring enforcement proceedings.

Mortgage lenders should approach court-established titles with care. The lender’s solicitor needs to confirm that the judgement is final (no pending appeal), that the time for appeal has expired, and that the judgement has been entered at the land registry. If any appeal is still live, the title is not settled, and the property is not suitable for mortgage security.

5.3.6 Probate and Letters of Administration

When a person dies owning property, that property does not automatically pass to the heirs. The legal mechanism for transferring a deceased person’s property depends on whether the deceased left a valid will.

If the deceased left a will, the executor named in the will applies to the Probate Registry of the State High Court (or the FCT High Court, in Abuja) for a grant of Probate. Probate is the court’s confirmation that the will is valid and that the executor has authority to administer the estate according to its terms. The executor can then distribute the property to the beneficiaries named in the will.

If the deceased died without a will (intestate), the next-of-kin or other interested party applies for Letters of Administration. The court appoints an administrator who manages the estate and distributes it according to the applicable rules of intestate succession — which vary depending on whether customary law, Islamic law, or the general law applies.

The Supreme Court’s decision in Ukeje v. Ukeje (2014) is worth special mention. The case struck down the Igbo customary law that barred female children from inheriting their father’s property, declaring it unconstitutional for being discriminatory on the ground of sex. The practical effect is that daughters now have the same inheritance rights as sons throughout Nigeria, and any customary rule to the contrary is void.

For mortgage purposes, the key point is this: no one can validly deal with a deceased person’s property without first obtaining either Probate or Letters of Administration. A borrower who claims to have inherited a property but cannot produce a grant of Probate or Letters of Administration does not have a title that a mortgage lender can safely accept. The lender should insist on seeing the grant, confirm it at the Probate Registry, and verify that the property has been properly vested in the borrower before any lending takes place.

5.4.1 Transaction Documents

Every land transaction in Nigeria generates a trail of documents. Some are formal legal instruments. Others are informal but still carry weight. A mortgage professional needs to know what to look for and what each document tells you about the quality of the title.

Purchase Receipt: The most basic evidence of a land transaction. It records the names of the buyer and seller, the price paid, a description (sometimes very brief) of the land, the date of the transaction, and the signatures of the parties and witnesses. In family land transactions, the receipt may be the only document the buyer receives. It is better than nothing, but it is weak evidence of title and would not satisfy any serious mortgage lender on its own.

Contract of Sale: A formal agreement setting out the full terms of the transaction — price, payment schedule, conditions precedent (such as verification of title and surveying of boundaries), and the obligations of both parties. A well-drafted contract of sale protects both buyer and seller and provides a clear record of what was agreed.

Deed of Assignment: The instrument that actually transfers the legal interest in the land from seller to buyer. It must be signed, sealed, witnessed, stamped (at FIRS), and registered at the Land Registry. It should reference the root title (C of O or prior Deed of Assignment in the chain) and include a description of the property with reference to the survey plan.

Survey Plan: A professional drawing prepared by a licensed surveyor showing the boundaries, dimensions, area, and coordinates of the land. The survey plan also indicates the title type and, in Lagos State, whether the land falls within any government acquisition. A proper survey plan should carry the surveyor’s seal, signature, and registration number. No land transaction is complete without one, and no mortgage lender should accept a property as security without seeing a valid survey plan.

5.4.2 Due Diligence Documentation

Beyond the transaction documents, a careful buyer — and certainly any mortgage lender — should insist on a set of due diligence reports that verify the title and confirm there are no hidden problems.

• Land Registry Search Report: A search conducted at the state Land Registry to confirm that the seller’s title is registered, that there are no encumbrances (existing mortgages, liens, court orders) over the property, and that no competing interests have been registered.

• Corporate Affairs Commission (CAC) Search: If the seller is a company, a search at the CAC to confirm that the company exists, is in good standing, and that the persons signing on its behalf have the authority to do so.

• Probate Registry Search: If the property was inherited, a check at the Probate Registry to confirm the grant of Probate or Letters of Administration and to verify that the property has been properly vested in the person claiming to be the owner.

• Community Verification: For family or community land, an on-the-ground visit to confirm that the family members who signed the sale documents are indeed the recognised owners, and that the community has no objection to the transaction. This step is often overlooked, and its absence is a common cause of disputes.

• Structural Integrity Certificate: For developed property, a report by a qualified structural engineer confirming that the building is sound. Given Nigeria’s history of building collapses, this is not optional for any responsible lender.

• LASRERA Verification (Lagos State): The Lagos State Real Estate Regulatory Authority maintains a register of real estate practitioners. Verifying that the parties involved in the transaction are LASRERA-registered adds an extra layer of assurance.

• Charting Report from the Surveyor-General’s Office: This report confirms the exact location and boundaries of the land and indicates whether it falls within any government acquisition. In Lagos, the charting report is one of the most important due diligence documents.

5.5.1 Methods of Land Acquisition

There are several distinct ways to come into possession of land in Nigeria. Each method has its own rules, costs, risks, and title implications.

Direct Purchase from Private Owners is the most common method. The buyer identifies a piece of land, negotiates a price with the seller (who may be an individual, a family, or a corporate entity), pays the price, and receives a Deed of Assignment. The process is straightforward in principle but can be treacherous in practice, particularly when the seller is a family whose internal dynamics are complex and whose authority to sell may be unclear.

Government Allocation is how land is acquired directly from the state. The buyer applies to the state Ministry of Lands (or, in Abuja, to AGIS) for an allocation. If the application is approved, the government issues an offer letter, the buyer pays the premium and ground rent, and the government issues a Certificate of Occupancy. Government allocations tend to produce the cleanest titles, but the process can be slow and is sometimes subject to political influence.

Inheritance is acquisition through succession. When a landowner dies, the land passes to the heirs either under the terms of a will (testate succession) or under the applicable rules of intestacy. The heirs must obtain Probate or Letters of Administration before they can legally deal with the property.

Gift (Deed of Gift) is a voluntary transfer without monetary consideration. A parent may give land to a child, or a benefactor may donate land to a religious organisation. The transfer is documented through a Deed of Gift, which must be registered like any other instrument of transfer.

Adverse Possession is the acquisition of title through long, continuous, and uninterrupted use of land without the owner’s permission. Under English common law, the period is 12 years. If a person occupies land openly and without permission for 12 years, and the true owner does nothing to assert their rights during that period, the occupier may acquire title. But the application of adverse possession under the Land Use Act is limited, because the Act vests all land in the Governor. It is difficult to claim adverse possession against the government.

Compulsory Acquisition is the government’s power to take over private land for public purposes. Under Section 28 of the Land Use Act and Section 44 of the 1999 Constitution, the government can revoke a right of occupancy and acquire the land, provided it pays compensation for unexhausted improvements. This power is exercised for roads, railways, public buildings, and similar purposes.

5.5.2 Step-by-Step Process for Purchasing Land

The process of purchasing land from a private seller in Nigeria typically follows a sequence of 13 steps. Each step matters, and skipping any of them creates risk.

1. Identify and Select Location: Consider proximity to infrastructure, accessibility, neighbourhood quality, flood risk, and future development plans. A plot in Ajah that is 500 metres from the Lekki-Epe Expressway will command a very different price from one that is 5 kilometres down an untarred road.
2. Engage a Qualified Professional: Retain a licensed estate surveyor, a solicitor experienced in land matters, or both. Trying to buy land in Nigeria without professional guidance is like performing surgery on yourself — technically possible, but almost certain to end badly.
3. Conduct Preliminary Investigation: Visit the land physically. Speak to neighbours. Check with the community. Verify that the person claiming to sell is the actual owner. This step alone can prevent most of the fraud and disputes that plague Nigerian land transactions.
4. Commission a Survey: Engage a licensed surveyor to measure the land, confirm its boundaries, calculate the area, and produce a survey plan. The survey plan should be charted at the Surveyor-General’s office to confirm that the land does not fall within any government acquisition.
5. Conduct a Land Search: Search at the state Land Registry (or AGIS in Abuja) to confirm the seller’s title, check for encumbrances, and verify that no competing claims are registered. This is non-negotiable.
6. Negotiate and Agree Terms: Agree on the price, payment schedule, and conditions. Put everything in writing. Verbal agreements about land in Nigeria are a recipe for litigation.
7. Execute a Contract of Sale: Both parties sign a formal contract. The contract should spell out the full terms, including what happens if either party defaults.
8. Pay the Purchase Price: Payments should go through the banking system, not in cash. Bank transfers create an audit trail that protects both buyer and seller.
9. Prepare and Execute the Deed of Assignment: A solicitor drafts the Deed. Both parties sign and seal it in the presence of witnesses. The Deed references the root title (C of O or prior Deed in the chain) and the survey plan.
10. Apply for Governor’s Consent: Submit the Deed of Assignment, the C of O (or certified true copy), the survey plan, tax clearance certificates, and other required documents to the state Lands Bureau. Pay the consent fee.
11. Pay Statutory Fees: These include the consent fee, capital gains tax (10% of the gain, payable by the seller), stamp duty (typically 1.5% to 3% of the purchase price), and registration fees. In Lagos, the total statutory costs can add 10% to 15% to the cost of a transaction.
12. Register the Title: Once Governor’s Consent is obtained, register the Deed of Assignment at the state Land Registry. Registration perfects the title and puts the world on notice of the buyer’s interest.
13. Collect Registered Documents: Obtain the stamped, registered Deed of Assignment and file it safely. Keep certified true copies in a separate location.

5.5.3 Acquiring Land Through Government Allocation

Government allocation follows a different path. The process begins with an application to the state Ministry of Lands or, in Abuja, to AGIS. The applicant fills out the prescribed forms, provides identification and proof of Nigerian citizenship (or registration, for corporate applicants), and specifies the location and purpose for which the land is needed.

The application goes through a review process. Officials check whether the land is available, whether it falls within any existing acquisition or allocation, and whether the applicant meets the eligibility criteria. If approved, the government issues an offer letter. The offer letter specifies the plot number, the area, the premium (purchase price), the annual ground rent, and the development conditions — typically a requirement to develop the land within a specified period, often two to five years.

The applicant accepts the offer, pays the premium and ground rent, and the government issues a Certificate of Occupancy. The C of O carries the development conditions as covenants. If the holder fails to develop within the stipulated period, the government can revoke the allocation. This is not a theoretical risk: in Abuja, the FCDA has revoked thousands of allocations over the years for non-development.

Processing times vary widely. In Abuja, a straightforward allocation can take six months to two years. In some states, it can take longer. Costs also vary: in Abuja, the premium for a residential plot in a well-serviced district can run from ₦5 million to ₦50 million depending on the district and plot size, plus annual ground rent.

5.5.4 Acquiring Family/Community Land

Buying land from a family or community is one of the most common — and most risky — forms of land acquisition in Nigeria. The risks stem from the nature of family ownership itself. Unlike a company, which has a defined board of directors, articles of association, and clear decision-making authority, a Nigerian family is an amorphous group. Who are the principal members? Does the eldest son have more authority than the eldest daughter? What about family members who emigrated to London or New York 30 years ago — do they still have a say?

The Supreme Court addressed some of these questions in Ogunleye v. Oni (1990). The court held that the sale of family land requires the consent of all the principal members of the family. A sale authorised by the family head alone, without the consent of other principal members, is voidable — the excluded members can challenge it and have it set aside. The practical consequence is that a buyer who deals with only one family member, or even with the family head acting alone, is exposed to the risk that other family members will emerge later and contest the sale.

Best practice, when buying family land, runs as follows. First, engage a solicitor from the outset. Second, demand a family resolution authorising the sale, signed by all principal members. Third, conduct independent verification — visit the community, speak to traditional leaders, and confirm that the people signing the documents are recognised by the community as the legitimate family representatives. Fourth, insist on a survey plan charted at the Surveyor-General’s office. Fifth, process a Deed of Assignment and apply for Governor’s Consent as quickly as possible. And sixth, register the title at the Land Registry. Cutting corners on any of these steps is asking for trouble.

5.5.5 Post-Acquisition Obligations

Acquiring land is not a one-time event. The holder of a right of occupancy has ongoing obligations that must be met to keep the title valid and the property in good standing.

• Land Use Charge / Ground Rent: In Lagos, the Land Use Charge Law requires property owners to pay an annual charge based on the assessed value of their property. In other states and in Abuja, annual ground rent is payable to the government. Non-payment can lead to revocation of the right of occupancy.

• Development Conditions: Most rights of occupancy (particularly government allocations) carry conditions requiring the holder to develop the land within a specified period. Failure to build within that period is grounds for revocation. In Abuja, this rule has been enforced aggressively.

• Boundary Maintenance: The holder should maintain clear boundaries, keep survey beacons intact, and resolve any encroachments promptly. Boundary disputes can escalate rapidly and impair the value of the property as collateral.

• Notification of Ownership Changes: Any change in ownership — whether through sale, inheritance, or gift — must be reported to the relevant authorities and documented through the proper legal instruments.

• Insurance: While not a legal requirement for land ownership itself, insurance for developed property is standard practice. Mortgage lenders invariably require the borrower to maintain insurance on the property for the duration of the loan.

For mortgage professionals, the borrower’s compliance with post-acquisition obligations is part of the ongoing monitoring of the loan. A borrower who falls behind on ground rent payments or fails to meet development conditions is putting the lender’s security at risk.

5.6.1 Residential Land Use

Residential property is, by far, the most common type of property financed by Nigerian mortgage lenders. But not all residential land is the same. Planning authorities classify residential land by density, and each density category has different characteristics and different implications for mortgage lending.

Low-density residential areas are the exclusive neighbourhoods. Think Maitama and Asokoro in Abuja, Ikoyi and Banana Island in Lagos, GRA Ikeja, GRA Port Harcourt. Plots are large — typically 800 sqm to 1,200 sqm or more. Buildings are detached houses, often architect-designed, with generous setbacks and low ground coverage. Property values are high: a well-finished five-bedroom house in Maitama can sell for ₦350 million to ₦800 million. In Banana Island, prices can exceed ₦3 billion. For mortgage lenders, low-density residential properties offer strong collateral values but limited buyer pools. If the borrower defaults, selling a ₦500 million house takes time.

Medium-density residential areas include places like Lekki Phase 1, Magodo, Wuse 2, and Gwarinpa. Plots run from 400 sqm to 600 sqm. Building types are semi-detached houses, terraces, and blocks of four to six flats. Values range from ₦40 million to ₦200 million depending on location, specification, and condition. This category represents the sweet spot for mortgage lending — values are high enough to justify the cost of origination, the buyer pool is reasonably deep, and the properties are relatively liquid.

High-density residential areas — Surulere, Yaba, parts of Kano metropolis, much of Ibadan — are characterised by smaller plots, higher ground coverage, and more affordable price points. Blocks of flats and tenement buildings predominate. Values may range from ₦8 million to ₦40 million. Mortgage lending in these areas is less common, partly because the property values are too low to justify the fixed costs of a mortgage transaction, and partly because title documentation in high-density areas is often incomplete.

5.6.2 Commercial Land Use

Commercial properties — offices, retail spaces, hotels, shopping centres — generate higher yields than residential properties but carry a different risk profile.

Office space in prime locations commands high rents. A Grade A office building on Victoria Island or in the Central Business District of Abuja can generate annual rental yields of 8% to 12%. But commercial leases are sensitive to economic conditions. When the oil price fell in 2015-2016 and the naira devalued sharply, vacancy rates in Lagos commercial properties shot up from around 20% to over 40%. Many tenants renegotiated rents downward. Lenders who had financed commercial property at the peak found their collateral values under pressure.

Retail properties — shopping centres like Ikeja City Mall, The Palms in Lekki, Jabi Lake Mall in Abuja — depend on foot traffic and consumer spending. When the economy is strong, retail thrives. When it weakens, retailers close shops and vacancy rises.

Hospitality properties (hotels and serviced apartments) are the most volatile. Revenue depends on occupancy, which swings with the business cycle, political stability, and even global events like pandemics. The years 2020 and 2021 devastated hotel revenues across Nigeria. Mortgage lenders typically apply shorter tenors, higher interest rates, and larger equity requirements to commercial and hospitality properties.

5.6.3 Industrial Land Use

Industrial land is designated for manufacturing, warehousing, logistics, and heavy industry. Nigerian cities have designated industrial zones: Agbara Industrial Estate in Ogun State, the Lekki Free Trade Zone in Lagos, Calabar Free Trade Zone in Cross River, the Trans-Amadi Industrial Layout in Port Harcourt.

Industrial properties present unique challenges for mortgage lenders. They are purpose-built, which means they have limited alternative uses. A cement factory cannot easily be converted to a shopping centre. Environmental liabilities may attach to industrial sites — contamination, waste disposal obligations, regulatory clean-up requirements. And valuations for industrial property are more complex, often requiring specialised expertise.

That said, well-located warehousing and logistics facilities have seen strong demand growth, driven by e-commerce expansion and the need for last-mile distribution centres. Properties in the Lekki Free Trade Zone have attracted both domestic and foreign investment, and values have appreciated substantially.

5.6.4 Agricultural Land Use

Agricultural land — farmland, plantations, ranches, fishponds — occupies a distinct position under the Land Use Act. Rural land is under Local Government control, and agricultural users typically hold customary rights of occupancy. The documentation for agricultural land is often minimal: no C of O, no survey plan, no registered deed.

This creates obvious difficulties for mortgage lending. But the opportunity is real. Nigeria’s agricultural sector accounts for about 24% of GDP and employs roughly 35% of the workforce. Government programmes like the Central Bank’s Anchor Borrowers’ Programme and the Nigeria Incentive-Based Risk Sharing System for Agricultural Lending (NIRSAL) are designed to increase credit flow to the sector. Agricultural mortgage products — loans secured against farmland and agricultural assets — are a growing niche.

One factor that makes agricultural land interesting to investors is conversion potential. Agricultural land on the periphery of expanding cities can be converted to residential or commercial use, generating enormous value gains. Land in Ibeju-Lekki that was farmland ten years ago, selling for ₦500 per square metre, now sells for ₦15,000 to ₦30,000 per square metre as residential plots. That kind of appreciation draws speculative investment, but it also creates regulatory complexity: the buyer needs to ensure that the land use designation has been properly converted.

5.6.5 Mixed-Use and Special Purpose Land

Mixed-use developments combine residential, commercial, and sometimes industrial elements in a single project. They have become more and more popular in Nigerian cities. Eko Atlantic City is designed as a mixed-use development. Alaro City in the Lekki Free Zone combines residential housing, commercial space, and light industrial facilities. These developments aim to create self-contained communities where people can live, work, and shop without travelling long distances.

Special purpose properties — schools, hospitals, churches, mosques, sports facilities, government buildings — occupy their own category. Their value is tied to their specific use, and conversion to other purposes may be difficult or prohibited. Mortgage lenders should be cautious about accepting special purpose properties as collateral, because the exit strategy in case of default is narrow.

5.6.6 Zoning Regulations and Land Use Control

Zoning is the mechanism through which state and local governments control how land is used. A zoning designation tells you what types of development are permitted on a particular piece of land. A plot zoned for residential use cannot lawfully be developed as a factory. A plot zoned for commercial use can support an office building or a shopping centre, but not a housing estate.

The impact on property value is direct. A 600 sqm plot in Lekki that is commercially zoned might sell for ₦250 million. An identical plot next to it, zoned residential, might go for ₦120 million. The difference is entirely a function of what the planning authority says you can build on it. Think of zoning like the rules of a card game — you cannot play a hand you are not dealt, and you cannot build a use that the zoning does not allow.

Penalties for violating zoning designations are serious. Planning authorities can issue stop-work orders, levy fines, order demolition, or recommend revocation of the right of occupancy. In Lagos, LASPPPA and the Lagos State Building Control Agency have demolished structures that violated zoning rules. A property whose use violates its zoning designation is poor collateral, regardless of how well the building is constructed.

5.6.7 Land Use Conversion and Change of Use

Landowners sometimes need to change the designated use of their land. A residential plot owner in Lekki Phase 1, seeing that the area is becoming more commercial, may want to convert the plot’s designation to commercial so that an office building can be put up. A developer may acquire agricultural land on the outskirts of Abuja and seek conversion to residential use.

The conversion process typically involves an application to the state planning authority, payment of conversion fees (which can be substantial — in some cases, several million naira), and a review by the planning authority considering factors such as neighbourhood character, infrastructure capacity, and environmental impact. If approved, the planning authority issues a change-of-use permit, and the land can then be developed according to its new designation.

The value impact of a successful conversion can be dramatic. Agricultural land on the Abuja periphery valued at ₦3 million per plot might be worth ₦20 million after conversion to residential use. But the process is neither quick nor guaranteed. And for mortgage lenders, the risk is real: a mortgage granted on the assumption that the land will be converted may become problematic if the conversion is denied.

5.6.8 Practical Implications for Mortgage Professionals

Land use categories affect every stage of the mortgage process. They affect valuation, because a property’s value is tied directly to its permitted use. They affect underwriting, because the lender must verify that the property’s actual use matches its zoning designation. They affect risk assessment, because unauthorised use creates regulatory risk. And they affect the exit strategy, because a lender who takes possession of a property after default needs to know what it can legally be used for.

A practical due diligence checklist for land use would include:

• Confirm the zoning status of the property with the relevant planning authority.
• Check that the property’s actual use matches its designated use. If the borrower is using the property for a purpose that does not match the zoning, investigate whether a change-of-use permit has been obtained.
• Review any development conditions attached to the title. Some rights of occupancy carry conditions about the type and scale of development permitted.
• Verify that all required development permits have been obtained and that the building complies with the approved plans.
• If a change of use is pending or planned, assess the likelihood of approval and factor the risk into the lending decision.

A mortgage professional who ignores land use issues is exposing the lender to risk that could have been avoided with straightforward checks.

5.7.1 Title Hierarchy and Lender Preferences

Different title types carry different levels of legal strength, and mortgage lenders rank them accordingly. Think of it like academic qualifications: a doctorate carries the most weight, a master’s degree somewhat less, a bachelor’s degree less still, and a certificate course the least. In the same way, land titles form a hierarchy from strongest to weakest.

In practice, most primary mortgage banks and commercial banks will only lend against properties backed by a C of O or a Deed of Assignment with Governor’s Consent. Some microfinance banks and non-bank lenders accept weaker titles, but they charge higher interest rates and lend smaller amounts to compensate for the added risk.

5.7.2 Red Flags for Mortgage Professionals

Certain warning signs should cause a mortgage professional to pause, investigate further, or decline a loan application altogether.

• Unregistered titles: A title that has not been registered at the Land Registry is not enforceable against third parties. Another person could register a competing claim over the same land and take priority.
• Properties under government acquisition: If the property falls within committed acquisition land, the government can demolish it without compensation. If it falls within global acquisition, the title needs to be regularised before lending.
• Multiple claims: If two or more persons claim ownership of the same land, the title is in dispute and the property should not be accepted as mortgage security until the dispute is resolved.
• Expired or revoked Certificates of Occupancy: A C of O that has expired (the 99-year term has run out) or been revoked by the Governor provides no security at all.
• Properties in litigation: If there is a court case pending over the ownership of the property, the outcome is uncertain and the title is not settled.
• Absence of survey plans or boundary disputes: Without a survey plan, you cannot confirm the boundaries of the property. And boundary disputes can drag on for years and impair the value of the collateral.
• Forged or fraudulent documents: Nigeria’s land sector is, unfortunately, plagued by fraud. Fake C of Os, forged Deeds of Assignment, counterfeit survey plans — all of these exist. The lender’s solicitor must verify every document independently, not merely accept what the borrower presents.

The cost of getting title assessment wrong is severe. A mortgage that is void because Governor’s Consent was not obtained gives the lender no security at all. A mortgage over land that the government later demolishes leaves the lender with a non-performing loan and no collateral. A mortgage over property that turns out to belong to someone else exposes the lender to loss and the borrower to eviction. Every one of these scenarios is avoidable through proper due diligence.

This lesson has covered the full architecture of land tenure and title in Nigeria — from the customary systems that predated the Land Use Act, through the Act itself and its far-reaching implications, to the practical realities of acquiring land and assessing title quality for mortgage purposes.

Before 1978, Nigeria operated a dual tenure system: customary law tenure (communal, family, and individual holdings) in most of the country, and English-style freehold in Lagos and parts of the South. The Land Use Act 1978 swept all of this away and replaced it with a single system in which all land is vested in the state Governor, and private parties hold rights of occupancy rather than ownership. The Act requires Governor’s Consent for any transaction involving a statutory right of occupancy, and the Supreme Court in Savannah Bank v. Ajilo made clear that a mortgage without consent is void.

Government acquisition takes two forms: committed (land earmarked for a specific public purpose, which cannot be privately developed) and global (land acquired without a designated purpose, which can be regularised). The main types of land title — C of O, Governor’s Consent, Deed of Assignment, excision and gazette, court judgement, and probate/letters of administration — each carry different legal weight and different levels of acceptability as mortgage security.

Land acquisition in Nigeria can happen through direct purchase, government allocation, inheritance, gift, adverse possession, or compulsory acquisition. Each method involves distinct steps, costs, and risks. The 13-step process for private purchase, from location selection to document collection, provides a framework that mortgage professionals should insist their borrowers follow.

Land use categories — residential (low, medium, and high density), commercial, industrial, agricultural, and mixed-use — each carry different implications for valuation, risk, and lending. Zoning regulations control what can be built on any given piece of land, and violations can result in demolition orders and loss of value. Land use conversion is possible but requires formal approval and carries cost and timing risk.

Title quality matters more than almost anything else in mortgage lending. The C of O is the strongest title; family receipts and customary allocations are the weakest. Red flags — unregistered titles, government acquisition, multiple claims, litigation, absent survey plans, fraudulent documents — should prompt the mortgage professional to investigate further or decline the application. Getting title assessment right is the single most important thing a mortgage lender can do to protect its book.

1. Explain how the Land Use Act 1978 changed the basis of land ownership in Nigeria. What did the Act replace, and what system did it put in its place? Why is this change relevant to mortgage lending?
2. Distinguish between committed acquisition and global (non-committed) acquisition. For each type, explain the risk to a mortgage lender who accepts a property under that acquisition category as collateral.
3. A colleague tells you that a borrower’s Deed of Assignment is sufficient title for mortgage purposes. Using the Savannah Bank v. Ajilo (1989) decision, explain why this view is incorrect and what additional step is required.
4. Describe the process by which excised land becomes fully documented for the purpose of mortgage lending. At what stage does excision become sufficient for a lender to accept the property as security?
5. As a mortgage professional, rank the following title types from most to least acceptable as security: (a) Certificate of Occupancy, (b) Family receipt, (c) Deed of Assignment with Governor’s Consent, (d) Excision gazette only, (e) Registered Deed without Governor’s Consent. Justify your ranking.
6. Walk through the 13-step process for purchasing land from a private seller. At which stages should a mortgage lender be most involved, and why?
7. Explain the five major land use categories (residential, commercial, industrial, agricultural, mixed-use) and discuss how each affects the lender’s valuation, underwriting, and exit strategy.
8. A borrower wants to convert a residential property in Lekki to commercial use and is seeking a mortgage to finance the conversion and development. Describe the process the borrower must follow, identify the risks, and explain what documentation you would require before recommending the loan for approval.

The Certificate of Occupancy is the primary evidence of a statutory right of occupancy granted by the Governor of a state under the Land Use Act of 1978. It is the strongest form of land title available in Nigeria and the document that mortgage lenders most want to see when assessing collateral. Any lending officer who cannot read and verify a C of O is, bluntly, not ready for the job.

Below is a reconstructed sample showing the standard layout and fields. Actual certificates differ slightly from state to state in their formatting, but the legal content is consistent.

Notes for Mortgage Professionals

When a borrower presents a C of O as evidence of title, the lending officer should check several things. First, confirm that the C of O number matches the records at the state lands registry — this requires a formal land search. Second, verify that the property description on the C of O matches the actual property being offered as collateral; a common fraud involves presenting a genuine C of O for a different plot. Third, check the term: a 99-year lease that commenced in 1985 has 58 years left as of 2043, and the unexpired term must be long enough to cover the mortgage period with a comfortable margin. Fourth, confirm that the ground rent is up to date; arrears of ground rent can be grounds for revocation. Fifth, look at the conditions — particularly whether Governor’s Consent has been obtained for the current transaction, since any transfer without consent is void under Section 22 of the Land Use Act.

A Customary Right of Occupancy is granted by a Local Government Area (LGA) Chairman under Section 6 of the Land Use Act. It applies to land in non-urban areas and is a weaker form of title than the statutory Certificate of Occupancy issued by the Governor. Many properties in peri-urban and rural Nigeria are held under customary rights, and mortgage lenders encounter them regularly, though most institutional lenders prefer the C of O.

The format below shows what a typical R of O document looks like. It is a simpler instrument than the C of O but carries its own legal weight within its jurisdiction.

Notes for Mortgage Professionals

The R of O is not as strong as a C of O, and many banks will not accept it as sole evidence of title for mortgage purposes. However, in states where obtaining a C of O is slow or where the property sits in a non-urban area, the R of O may be the only formal title available. When assessing an R of O, check whether the LGA that issued it had jurisdiction over the land at the time of issuance. Also verify whether the property has since been reclassified as urban land — if so, the title would need to be converted to a statutory right of occupancy through the Governor’s office. Pay attention to the boundaries description; R of O documents often use informal boundary markers (streams, trees, paths) that can lead to disputes.

The Deed of Assignment is the legal instrument by which ownership of a right of occupancy (or equitable interest in land) passes from one party to another. It is the document that actually effects the transfer. In Nigerian property practice, you will see it in virtually every sale transaction. The mortgage professional must be able to read through a Deed of Assignment and identify the parties, the property, the consideration paid, and whether all the required formalities — execution, witnessing, stamping, and Governor’s Consent — have been completed.

Notes for Mortgage Professionals

When reviewing a Deed of Assignment, the lending officer should verify several points. The recitals must trace the Assignor’s root of title — typically back to a C of O or a prior deed. Any break in the chain of title is a red flag. The property description in the Schedule must match the survey plan and the C of O. The consideration stated should be consistent with what the borrower says they paid; large discrepancies may indicate either fraud or under-declaration for tax purposes, both of which create risk. Check that the deed has been properly executed — signed by both parties, witnessed, and sworn before a Commissioner for Oaths. A deed that has not been stamped at the Federal Inland Revenue Service (FIRS) or the relevant state revenue office is not admissible in court. And without Governor’s Consent endorsed on or attached to the deed, the assignment is legally void under Section 22 of the Land Use Act.

Under Section 22 of the Land Use Act, no right of occupancy can be validly assigned, mortgaged, or subleased without the prior consent of the Governor. In practice, the Governor delegates this function to the Commissioner (or Honourable Commissioner) for Lands. Once consent is granted, the approval is endorsed directly on the deed or on a separate certificate attached to it. Without this endorsement, the transaction is not complete in law.

Below is the standard format in which Governor’s Consent is typically endorsed.

Notes for Mortgage Professionals

The Governor’s Consent is not optional. A deed of assignment or mortgage deed presented without it is, for all legal purposes, void. When checking consent, verify the consent number against the state’s records. Confirm that the consent relates to the correct transaction — fraud has been known to involve recycling a consent from one transaction onto a different deed. Note the date: consent obtained years after the transaction may indicate regularisation of an initially irregular dealing, which merits closer scrutiny. Also be aware that some states have moved to electronic consent processing (Lagos, for instance, through the eDMS system), and the format of the endorsement may differ from the traditional handwritten or stamped version.

An excision is the process by which the Lagos State Government releases a portion of government-acquired land back to the original land-owning family or community. The release is gazetted — that is, published in the Official Gazette of Lagos State. This gazette notice is what gives the community the legal right to allocate plots from the excised land to buyers. In Lagos, a very large number of land transactions in areas like Ibeju-Lekki, Epe, Badagry, and parts of the Lekki peninsula trace their root of title back to a gazette excision.

For a mortgage lender, the gazette is the starting point for verifying title in any excised land transaction. If the land has not been properly gazetted, there is no valid title to talk about.

Notes for Mortgage Professionals

When dealing with land that traces its root of title to a gazette excision, the mortgage officer needs to confirm several things. Get the gazette number and verify it against the Lagos State Government Printing Press records or the Lands Bureau. Make sure the specific plot being offered as collateral falls within the area covered by the excision — not all land in a community’s traditional territory is necessarily excised. Check whether the required surrender portion has actually been given back to government; where it has not, the entire excision can be contested. Be aware that some fraudulent gazette notices have been produced. A genuine gazette is printed on specific paper by the Government Printing Press with a particular numbering sequence. Any doubt should be resolved by a search at the Lands Bureau.