4,000+ Words | LMS-Ready Certification Material

April 2026

© 2026 IMBL of Nigeria. All Rights Reserved.

Learning Objectives

Upon completion of this lesson, candidates shall be able to:

Explain the concept of deduction of title and identify the requirements for a good root of title under Nigerian property law, distinguishing between transactions involving registered and unregistered land.

Describe the process of investigation of title, including the nature and purpose of searches conducted at the Lands Registry, the Probate Registry, the Corporate Affairs Commission, and the courts of competent jurisdiction.

Analyse the special considerations that arise in the investigation of title to communal and family land, with reference to the role of the family head, the requirement for family consent, and the principles established in Idundun v. Okumagba (1976).

Evaluate the importance of physical inspection of property and the preparation of a search report as components of the title investigation process, with particular attention to practice in Lagos, Abuja, and Port Harcourt.

Describe the completion stage of a sale of land transaction, including the obligations of the vendor and the purchaser, the exchange of documents, and the payment of the balance of the purchase price.

Identify and explain the post-completion matters that must be attended to following the execution of the deed of assignment, including the application for Governor’s consent under the Land Use Act 1978, the stamping of instruments, and the registration of title.

Discuss the form and content of a deed of assignment, specifying the essential clauses and recitals that must be included in the instrument to effect a valid transfer of a right of occupancy.

Apply the five methods of proving ownership of land recognised by the Supreme Court in Idundun v. Okumagba (1976) 9–10 SC 227 to practical scenarios encountered in mortgage and conveyancing practice.

Assess the legal and practical consequences of failure to obtain Governor’s consent, to stamp instruments, or to register title upon the validity of a sale of land transaction.

Evaluate the role of the mortgage professional in ensuring that title investigation, completion, and post-completion procedures are conducted in accordance with statutory requirements and best professional practice.

The sale of land in Nigeria is a transaction of considerable legal complexity, the successful completion of which depends not merely upon the agreement of the parties as to the terms of sale, but upon the rigorous investigation of the vendor’s title, the formal completion of the conveyance, and the perfection of the purchaser’s interest through the statutory processes of consent, stamping, and registration. Whereas the preceding lesson examined the formation of the contract of sale and the conditions precedent to a binding agreement, the present lesson is concerned with the stages that follow the execution of the contract—namely, the deduction and investigation of title, the completion of the transaction by the execution and delivery of the deed of assignment, and the post-completion steps by which the purchaser’s title is perfected and rendered enforceable against the world at large.

The importance of these stages to the mortgage professional cannot be overstated. A primary mortgage bank that accepts property as security for a loan is, in substance, relying upon the borrower’s title to the property as the foundation of the security. If the title is defective—whether by reason of a deficiency in the chain of title, the existence of an undisclosed encumbrance, the failure to obtain the requisite statutory consents, or the omission to register the conveyance—the security may prove to be worthless at the point of enforcement, and the institution will have advanced funds against an asset that cannot be realised. The investigation of title is therefore not an academic exercise; it is the mechanism by which the lender satisfies itself that the borrower’s interest in the property is good, marketable, and free from defects that would impair the value of the security.

The legal framework governing the investigation of title in Nigeria is derived from multiple sources. The Land Use Act 1978 (Cap. L5, Laws of the Federation of Nigeria 2004) vests all land within the territory of each state in the Governor, and provides that the interest which may be held by a private person is a right of occupancy—whether a statutory right granted by the Governor or a customary right recognised by a local government. The Conveyancing Act 1881, which continues to apply as a statute of general application in those states that have not enacted replacement legislation, establishes the rules governing the deduction of title and the obligations of vendor and purchaser in relation to the production of title documents. In the states of the former Western Region, the Property and Conveyancing Law 1959 (PCL) provides a comprehensive statutory framework for the investigation and proof of title to land. The Registration of Titles Act (Cap. R10, Laws of the Federation 2004), which applies in the Federal Capital Territory and in those states that have adopted it, establishes a system of registered title under which the register is conclusive evidence of the particulars recorded therein. The Land Registration Law of Lagos State 2015, the FCT Land Administration regulations, and the various state land registration statutes impose additional requirements concerning the registration and proof of title.

The deduction of title is the process by which the vendor discloses to the purchaser the documentary evidence upon which the vendor’s claim to ownership of the property is founded. Upon the execution of a contract of sale, the vendor is under an obligation—implied by law and, in practice, expressly stipulated in the contract—to deduce a good title to the property. The deduction is effected by the delivery to the purchaser (or, more commonly, to the purchaser’s solicitor) of an abstract of title: a chronological summary of all instruments, events, and acts that constitute the chain of title from the root of title to the present vendor. In contemporary practice in Lagos, Abuja, and Port Harcourt, the abstract is frequently accompanied by certified copies of the relevant instruments, and in many cases the original instruments are produced for inspection at a mutually agreed location.

The obligation to deduce title arises at common law and is reinforced by statute. Section 2 of the Conveyancing Act 1881 provides that, upon a sale of land, the vendor shall, at his own expense, furnish to the purchaser such abstract of title as shall commence with a good root of title. The Property and Conveyancing Law 1959, section 8, contains a substantially similar provision applicable in the states of the former Western Region. The contract of sale will ordinarily specify the root of title from which the abstract is to commence, and may include conditions limiting or extending the purchaser’s right to raise requisitions upon the title shown.

The concept of the root of title is central to the law of conveyancing. A good root of title is a document that is sufficient, in law, to serve as the starting point for the deduction of the vendor’s title, and from which the chain of ownership may be traced without interruption to the present vendor. The characteristics of a good root of title, as established by judicial authority and statutory provision, are as follows: the document must deal with or show the ownership of the entire interest that is the subject of the transaction; it must contain a description of the property sufficient to identify it; it must contain nothing to cast doubt upon the title of the disposing party; and it must be a document the authenticity of which is not in question.

In the context of Nigerian land law, the most common instruments that serve as roots of title include the following. First, a certificate of occupancy (C of O) issued by the Governor of a state under section 5(1)(a) of the Land Use Act 1978, or by the appropriate authority in the Federal Capital Territory, is regarded as the strongest root of title available, since it constitutes the primary grant of the right of occupancy by the state. Second, a deed of assignment, where the assignment was executed by a person who held a valid right of occupancy and was duly perfected by the grant of Governor’s consent, operates as a good root of title, as it evidences the transfer of the right of occupancy from one person to another. Third, a deed of conveyance executed prior to the commencement of the Land Use Act on 29 March 1978, where the conveyance vested a freehold or leasehold interest in the grantee, may serve as a root of title in respect of land that was held under the pre-Act regime. Fourth, a grant of probate or letters of administration, coupled with the assent of the personal representative, may constitute a root of title where the property devolved upon the personal representative by reason of the death of the former owner.

The period of title—that is, the period which the abstract of title must cover, commencing from the root—was at common law fixed at sixty years, but has been reduced by statute in several jurisdictions. Section 8 of the Property and Conveyancing Law 1959 prescribes a period of thirty years, and this period is generally adopted in practice in those states in which the PCL does not directly apply. In practice, however, where the root of title is a certificate of occupancy or a deed of assignment that was perfected with Governor’s consent, the abstract will typically commence with that instrument without any requirement to trace the title through an extended historical chain, since the certificate of occupancy constitutes the primary grant by the state and the deed of assignment evidences a transfer that was approved by the Governor as the custodian of all land.

The investigation of title is the process by which the purchaser (or the purchaser’s solicitor, or the lender’s solicitor in a mortgage transaction) examines the vendor’s title to ascertain whether it is good, marketable, and free from encumbrances, defects, and adverse claims. The investigation comprises both documentary searches—conducted at various registries and public offices—and physical inquiries, including the inspection of the property and inquiries of persons in occupation. The searches that are regarded as essential in Nigerian conveyancing practice are discussed below.

The search at the Lands Registry is the most fundamental component of the investigation of title. The purpose of the search is to ascertain whether the instruments upon which the vendor relies are registered, whether the registered particulars correspond with the vendor’s abstract of title, and whether there are any encumbrances, caveats, or adverse entries recorded against the property. In Lagos, searches are conducted at the Lagos State Lands Registry at Alausa, Ikeja, where the register of instruments affecting land within the state is maintained. The searcher is entitled to inspect the register and to obtain official search certificates confirming the entries recorded against a particular property. In Abuja, the FCT Land Administration Department at the Federal Capital Development Authority (FCDA) Secretariat maintains the register of rights of occupancy and other interests in land within the Territory, and searches are conducted by application to the Department’s search unit. In Port Harcourt, the Rivers State Geographic Information System (RIVGIS) has digitised a substantial portion of the state’s land records, enabling electronic searches to be conducted in respect of registered interests.

The search at the Lands Registry will reveal, inter alia, whether the certificate of occupancy or other instrument of title in respect of the property has been registered; whether any prior assignment, mortgage, charge, or lease affecting the property has been registered; whether a lis pendens or caveat has been lodged against the property; whether a notice of revocation of the right of occupancy has been issued by the Governor; and whether any other entry has been made that may affect the purchaser’s interest. A discrepancy between the vendor’s abstract and the particulars recorded in the register is a matter of grave concern and must be resolved before the transaction is permitted to proceed. The search certificate issued by the Lands Registry is not a guarantee of title, but it is, in the absence of fraud, prima facie evidence of the matters recorded therein.

A search at the Probate Registry is necessary where the vendor claims title through a deceased person—that is, where the vendor is a personal representative (executor or administrator) who proposes to sell the property as part of the administration of the deceased’s estate, or where the vendor is a beneficiary who claims to have acquired the property by virtue of the deceased’s will or under the rules of intestate succession. The purpose of the search is to verify that a grant of probate or letters of administration has been made by the court in respect of the deceased’s estate, that the grant is valid and subsisting, and that the vendor’s authority to sell the property is derived from the grant. In Lagos, the Probate Registry is maintained at the High Court of Lagos State; in Abuja, at the High Court of the Federal Capital Territory; and in Port Harcourt, at the High Court of Rivers State. The search will reveal the date and terms of the grant, the identity of the personal representative, and any caveats or objections that have been lodged against the grant.

The importance of the probate search cannot be overstated. A sale by a person who claims to be the personal representative of a deceased owner, but who has not obtained a valid grant of probate or letters of administration, is a transaction conducted without authority, and the purported transfer confers no title upon the purchaser. The Supreme Court of Nigeria has held, in a long line of decisions, that the personal representative’s authority to deal with the deceased’s estate is derived exclusively from the grant, and that any act performed by a person who has not obtained the grant is of no legal effect, however genuine the person’s claim to be a beneficiary of the estate may be.

Where the vendor is a corporate body—whether a company limited by shares, a company limited by guarantee, or an incorporated trustee—a search at the Corporate Affairs Commission is necessary to verify the vendor’s corporate existence, its authority to deal with property, and the identity and authority of the persons who purport to act on its behalf. The search is conducted at the CAC’s head office in Abuja or through the CAC’s online portal (the Company Registration Portal), and the searcher is entitled to inspect the company’s public file, which contains the certificate of incorporation, the memorandum and articles of association, the register of directors, the register of shareholders, the annual returns, and the register of charges. The search will reveal whether the company is in good standing, whether its objects clause authorises it to hold and dispose of land, whether any charge over the property has been registered, and whether the directors who propose to execute the deed of assignment on the company’s behalf are duly appointed and authorised. In the case of an incorporated trustee—commonly encountered where the vendor is a religious body, a community association, or a non-governmental organisation—the search will reveal the terms of the trust instrument and the identity of the trustees in whom the property is vested.

A search at the courts of competent jurisdiction is conducted to ascertain whether any litigation is pending in respect of the property or the vendor’s title thereto. The existence of pending litigation is a matter of serious concern to the purchaser, since a lis pendens binds all persons who acquire an interest in the property after the commencement of the proceedings, and the purchaser may find that the property is subject to a court order or judgment that defeats the purchaser’s interest. The search is conducted at the registry of the High Court of the state in which the property is situated, and in the Federal High Court where the vendor is a federal government entity or where the dispute involves a matter within the exclusive jurisdiction of that court. In Lagos, the High Court of Lagos State maintains a cause list and a register of pending matters that may be searched by reference to the names of the parties or the description of the property. In Abuja, the High Court of the FCT and the Federal High Court each maintain similar registers. The search should also extend to the Court of Appeal and the Supreme Court where there is reason to believe that an appeal may be pending in respect of a judgment affecting the property.

The investigation of title to land that is held under customary tenure—whether as communal land belonging to a community, or as family land belonging to a family or lineage group—presents challenges that are distinct from those encountered in the investigation of title to land held under a statutory right of occupancy. The complexities arise from the nature of customary land tenure, in which the rights of individuals are subordinate to the collective interest of the community or family, and from the difficulty of ascertaining, with precision, the identity of the persons whose consent is required for a valid alienation.

Where the property forms part of the land belonging to a community—whether an Igbo community in the South-East, a Yoruba community in the South-West, or an Ijaw or Ogoni community in the Niger Delta—the purchaser must ascertain that the vendor has the authority to alienate the land and that the requisite communal consent has been obtained. Under customary law, land belonging to a community is vested in the community as a whole, and no individual member, including the chief or traditional ruler, has the right to alienate the land without the consent of the community. The consent is typically given by resolution of the community, expressed through the recognised decision-making body—whether a council of chiefs, a town meeting, or a family council—and the purchaser is well advised to require documentary evidence of the resolution, attested by persons of standing within the community, before proceeding with the transaction. The commencement of the Land Use Act on 29 March 1978 did not extinguish customary rights; it merely vested the radical title in the Governor, while preserving the rights of persons who held customary interests as at the date of commencement.

Family land, in the Yoruba and Bini customary law traditions, is land that belongs to the family as a corporate entity and is held by the family head (the Olori-ebi, in Yoruba parlance) on behalf of all members of the family. The distinguishing characteristic of family land is that no single member of the family—including the family head—has the right to alienate the land without the consent of the principal members of the family. The requirement of family consent is a rule of customary law that has been affirmed repeatedly by the Supreme Court and the various Courts of Appeal, and the failure to obtain it renders the transaction voidable at the instance of the non-consenting family members.

The Supreme Court, in the landmark decision of Idundun v. Okumagba (1976) 9–10 SC 227, addressed the question of how ownership of land may be proved under Nigerian law, a question that is of direct relevance to the investigation of title to family and communal land. The court identified five methods of proving title to land, which have since been applied in a multitude of subsequent decisions and are regarded as the authoritative statement of the law on the subject. These five methods are as follows:

Proof by traditional evidence—that is, evidence of the history of the land, showing how the claimant’s family or community came to own the land from time immemorial, the original settlement of the land, and the continuous exercise of ownership rights by the claimant and the claimant’s predecessors. Traditional evidence is the primary mode of proving title to communal and family land, and it is ordinarily given by elderly members of the community or family who have knowledge of the history of the land.

Proof by production of documents of title—such as a certificate of occupancy, a deed of conveyance, a deed of assignment, or a court judgment vesting title in the claimant. Documentary evidence is the strongest form of proof and, where available, will generally prevail over other forms of evidence.

Proof by acts of ownership extending over a sufficient length of time, numerous and positive enough to warrant the inference that the claimant is the true owner. Such acts may include the cultivation of the land, the erection of structures, the grant of licences to third parties, and the exercise of control over the land.

Proof by acts of long possession and enjoyment of the land, which may raise a presumption of ownership in the absence of evidence to the contrary. Possession, in this context, must be open, continuous, and uninterrupted, and must be exercised in a manner that is inconsistent with the ownership of any other person.

Proof by proof of possession of connected or adjacent land, in circumstances that make it probable that the claimant who owns the adjacent land also owns the land in dispute. This method is of limited application and is generally available only where the ownership of the adjacent land has been established by one of the other four methods.

The significance of the Idundun v. Okumagba decision for the investigation of title lies in the framework it provides for the evaluation of evidence of ownership. A purchaser who is acquiring land that is alleged to be family or communal land must satisfy himself or herself, by reference to one or more of the five methods, that the vendor’s title is established; and a mortgage professional who is advising a lender on the acceptability of such land as security must apply the same framework in assessing the strength of the borrower’s title.

The practical steps to be taken in the investigation of title to family land include the following. The purchaser’s solicitor should conduct inquiries within the family to identify all the principal members whose consent is required for a valid alienation. A meeting with the family—attended by the family head and the principal members—should be arranged, at which the family’s authority over the land and the consent to the sale are confirmed. The solicitor should obtain a family resolution, in writing, authorising the sale and identifying the family head or other person authorised to execute the deed of assignment on the family’s behalf. The resolution should be signed or thumb-printed by the principal members of the family and attested by at least two witnesses who are not members of the family. The solicitor should also conduct inquiries of the community—including the traditional ruler, the baale (in Yoruba communities), or the village head—to confirm that the land is indeed family land and not communal land, and to ascertain whether there are any competing claims or disputes.

Case Study: The Family Land Dispute – Lagos, 2023The Adeniyi family, a prominent Yoruba family in the Epe area of Lagos State, proposed to sell a parcel of family land to a property development company for NGN 450 million.

The family head, Chief Adeniyi, executed a deed of assignment in favour of the company, purportedly on behalf of the family.

Three members of the family, who had not been consulted and had not given their consent, subsequently challenged the transaction in the High Court of Lagos State.

The court, applying the principle established in Idundun v.

Okumagba (1976), held that the sale was voidable, on the ground that the consent of the principal members of the family had not been obtained.

The development company, which had paid the full purchase price and had commenced construction on the land, was compelled to negotiate a settlement with the dissenting family members at a cost of an additional NGN 85 million.

The case illustrates the imperative of conducting thorough inquiries into the family structure and obtaining the written consent of all principal members before proceeding with the acquisition of family land.

The physical inspection of the property is an indispensable component of the investigation of title that cannot be replaced by documentary searches alone. The inspection serves several distinct purposes: it enables the purchaser to verify that the property described in the vendor’s title documents corresponds with the physical reality on the ground; it reveals the existence of persons in occupation of the property whose rights may bind the purchaser; it discloses physical conditions—such as encroachment by neighbouring properties, the existence of structures erected by third parties, or environmental hazards—that may affect the value or usability of the property; and it provides the basis for the comparison of the property with the survey plan or site plan that forms part of the title documents.

In Lagos, where the density of urban development is such that boundaries are frequently disputed and encroachments are common, the physical inspection is regarded by practitioners as perhaps the most critical step in the investigation process. The inspection should be carried out by the purchaser’s solicitor, accompanied where appropriate by a licensed surveyor, and should include an examination of the boundaries of the property as indicated on the survey plan, an inquiry of all persons found in occupation as to the nature and basis of their occupation, and an assessment of the general condition of the property and its environs. In Abuja, where the layout of plots within the cadastral zones is regulated by the FCDA and where encroachment upon government land is a frequent source of dispute, the inspection should include verification that the property falls within the boundaries of the plot as shown on the cadastral plan. In Port Harcourt, where riverine and reclaimed land presents particular challenges, the inspection should assess the stability and quality of the land, the risk of flooding, and the compliance of the property with the environmental regulations administered by the Rivers State Ministry of Environment.

The doctrine of notice requires that a purchaser who inspects property and discovers, or ought upon reasonable inquiry to have discovered, the presence of persons in occupation is fixed with constructive notice of any rights that those persons may have. The failure to make inquiry of persons in occupation does not relieve the purchaser of the consequences of constructive notice; on the contrary, the purchaser is deemed to have notice of any rights that a reasonable inquiry would have revealed. The practical implication is that the purchaser’s solicitor must, upon inspecting the property, make inquiry of every person found in occupation as to the nature and basis of their occupation—whether as tenant, licensee, caretaker, family member, or adverse possessor—and must satisfy himself or herself that the occupation is consistent with the vendor’s title and that the occupier’s rights will not survive the transfer.

Upon completion of all documentary searches and the physical inspection, the purchaser’s solicitor prepares a search report (also referred to as an investigation of title report) for the benefit of the purchaser and, where the transaction involves a mortgage, for the benefit of the lender. The search report is a comprehensive written document that summarises the results of all searches and inquiries conducted, identifies any defects, encumbrances, or adverse matters disclosed by the investigation, and expresses a professional opinion as to whether the vendor’s title is good and marketable. The report will typically address the following matters: the identity and capacity of the vendor; the root of title and the chain of title as disclosed by the abstract; the results of searches at the Lands Registry, the Probate Registry, the CAC, and the courts; the results of the physical inspection; any requisitions raised and the vendor’s responses thereto; and the solicitor’s overall assessment of the title. Where the report is prepared for a lender, it will also address the sufficiency of the title as security for the proposed loan, and will recommend any conditions that should be imposed as a prerequisite to the advance of funds.

Completion is the stage at which the sale of land transaction is formally concluded by the execution and delivery of the deed of assignment, the payment of the balance of the purchase price (where a deposit was paid at the contract stage), and the handing over of the title documents. Completion represents the culmination of the process that was initiated by the formation of the contract of sale, continued through the deduction and investigation of title, and is now brought to its conclusion by the performance of the mutual obligations of the parties.

The date of completion is ordinarily specified in the contract of sale; in the absence of an express stipulation, completion is to take place within a reasonable time after the purchaser has approved the vendor’s title. In practice, the completion date is frequently determined by the pace of the title investigation and the resolution of any requisitions raised by the purchaser’s solicitor. The parties may, by agreement, extend the completion date, and such extensions are common in Nigerian practice, where delays in obtaining official search certificates, verifying documents, and securing Governor’s consent are an accepted, if regrettable, feature of the conveyancing landscape.

The vendor is obliged, at completion, to perform the following acts. The vendor must deliver to the purchaser an executed deed of assignment, in the agreed form, transferring the vendor’s right of occupancy (or other interest, as the case may be) to the purchaser. The deed must be duly executed by the vendor—that is, signed, sealed, and delivered by the vendor in the presence of a witness whose name, address, and occupation are recorded in the attestation clause. Where the vendor is a company, the deed must be executed in accordance with the company’s articles of association, typically under the common seal and with the signatures of two directors or a director and the company secretary. The vendor must also deliver to the purchaser all title documents in the vendor’s possession relating to the property—including the certificate of occupancy, the survey plan, previous deeds of assignment or conveyance, and any other relevant instruments—together with a certified copy of the receipt for the purchase price.

The purchaser is obliged, at completion, to pay to the vendor the balance of the purchase price, being the agreed price less the deposit previously paid. Payment is ordinarily effected by banker’s draft or electronic transfer to the account specified by the vendor’s solicitor, and the vendor’s solicitor is under an obligation to hold the funds in a client account pending completion. The purchaser must also execute the deed of assignment, where the deed requires the purchaser’s execution (as is the case with a deed that contains mutual covenants), and must deliver to the vendor such counterparts and copies of the deed as the contract may require. Upon completion, the risk in the property passes to the purchaser, and the purchaser is entitled to immediate possession of the property, subject to the rights of any lawful occupier whose tenancy or licence is protected by law.

Completion in Nigerian property transactions typically takes the form of a meeting—held at the offices of the vendor’s solicitor or, where a mortgage is involved, at the offices of the lender’s solicitor—at which the following steps are performed simultaneously: the purchaser’s solicitor examines the original title documents; the vendor executes the deed of assignment; the purchaser pays the balance of the purchase price; the vendor delivers the title documents; and the keys to the property (where applicable) are handed over. Where the transaction involves a mortgage, the completion of the sale and the completion of the mortgage may be conducted simultaneously, with the lender’s solicitor in attendance to ensure that the mortgage deed is executed and the lender’s security is put in place at the same time as the transfer of title. This practice of simultaneous completion is standard in transactions facilitated by primary mortgage banks in Lagos, Abuja, and Port Harcourt, and is designed to ensure that the lender’s funds are not released until the security documentation is perfected.

The execution and delivery of the deed of assignment does not, of itself, complete the purchaser’s acquisition of a fully perfected title. Several post-completion steps must be attended to in order to ensure that the purchaser’s interest is legally effective, enforceable against third parties, and capable of being relied upon in any future transaction—whether a resale, a mortgage, or a lease. The principal post-completion matters are the application for Governor’s consent, the stamping of the deed, and the registration of the deed at the appropriate land registry.

Section 22 of the Land Use Act 1978 provides that it shall not be lawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease, or otherwise howsoever without the consent of the Governor. The requirement of Governor’s consent is mandatory, and the consequences of non-compliance are severe: the Supreme Court held in Savannah Bank of Nigeria Ltd v. Ajilo (1989) 1 NWLR (Pt. 97) 305 that a transaction effected without the requisite Governor’s consent is null and void, and confers no right, title, or interest upon the purported transferee. This decision was subsequently distinguished in Awojugbagbe Light Industries Ltd v. Chinukwe (1995) 4 NWLR (Pt. 390) 379, where the court held that the effect of want of consent is that the transaction is inchoate, not void; but the weight of authority, particularly in recent decisions of the Court of Appeal, tends to treat the absence of consent as a fundamental defect that vitiates the transaction.

The application for Governor’s consent is made by the purchaser (or the purchaser’s solicitor) to the state Governor, through the office or bureau responsible for land administration in the state. In Lagos, the application is submitted to the Lagos State Lands Bureau at Alausa, Ikeja; in Abuja, to the FCT Land Administration Department; and in Port Harcourt, to the Rivers State Ministry of Lands and Housing or to RIVGIS. The application must be accompanied by prescribed documents, which typically include the original certificate of occupancy, the deed of assignment (executed but awaiting consent), the survey plan, evidence of payment of the purchase price, the tax clearance certificates of both parties, passport photographs of the parties, and the prescribed fees. The processing time for Governor’s consent varies considerably by jurisdiction: in Lagos, the Lands Bureau has reported an average processing time of six to nine months; in Abuja, the processing time has been reported at between three and twelve months; and in Port Harcourt, processing times of twelve months and longer are not uncommon.

The grant of Governor’s consent is evidenced by the endorsement of the consent on the deed of assignment by the Governor (or, in practice, by the Commissioner or Permanent Secretary to whom the function has been delegated) and by the issuance of a consent certificate or consent memorandum. The consent, once granted, relates back to the date of the transaction, and the assignment is deemed to have been effective from the date of execution of the deed.

The deed of assignment is an instrument within the meaning of the Stamp Duties Act (Cap. S8, Laws of the Federation 2004) and must be stamped with the appropriate ad valorem stamp duty before it is admissible in evidence in any civil proceedings. The rate of stamp duty applicable to a deed of assignment varies by state: in Lagos, the current rate is assessed at a percentage of the value of the consideration stated in the deed; in the FCT, a similar ad valorem rate applies; and in Rivers State, the applicable rate is determined by the state’s stamp duties legislation. The stamping must be effected within thirty days of the execution of the deed, and failure to stamp within the prescribed period renders the instrument liable to a penalty, in addition to the duty payable. An unstamped deed of assignment is not void, but it is inadmissible in evidence in civil proceedings under section 22(4) of the Stamp Duties Act, and it cannot be registered at the land registry, since registration is contingent upon the prior payment of stamp duty.

The registration of the deed of assignment at the appropriate land registry is the final step in the perfection of the purchaser’s title. Registration serves the dual purpose of creating a public record of the transaction and, in jurisdictions that operate a system of registration of title (as opposed to mere registration of instruments), of conferring upon the registered proprietor an indefeasible title that is conclusive evidence of ownership. In Lagos, registration is effected at the Lagos State Lands Registry; in the FCT, at the Land Registry maintained by the FCT Land Administration Department; and in Port Harcourt, at the RIVGIS office or the Rivers State Lands Registry. The application for registration must be accompanied by the stamped deed of assignment, the certificate of Governor’s consent, the certificate of occupancy, the survey plan, and such other documents as the registrar may require. The effect of registration varies by jurisdiction: in the FCT, where the Registration of Titles Act applies, registration confers an indefeasible title, subject only to overriding interests and entries on the register; in Lagos and most other states, where the system is one of registration of instruments, registration operates as constructive notice to all persons of the existence and terms of the registered instrument, but does not, of itself, guarantee title.

Case Study: Post-Completion Failure – Abuja, 2024Mr.

Emeka, a civil servant, purchased a plot of land in Gwarinpa, Abuja, for NGN 95 million.

The deed of assignment was executed and the full purchase price was paid.

Mr.

Emeka’s solicitor, however, failed to apply for Governor’s consent, to stamp the deed, or to register the deed at the land registry.

Two years later, the vendor—who had retained the original certificate of occupancy—sold the same property to a second purchaser, Mrs.

Bello, who obtained Governor’s consent, stamped the deed, and registered the transaction at the FCT Land Registry.

When Mr.

Emeka discovered the double sale and commenced proceedings, the court held, applying the principles in Savannah Bank v.

Ajilo (1989) and the doctrine of priority of registration, that Mrs.

Bello’s title was superior to Mr.

Emeka’s, since Mr.

Emeka’s transaction had never been perfected by consent or registration.

Mr.

Emeka was left with a personal claim against the vendor for damages and the recovery of the purchase price, but he lost the property.

The case underscores the critical importance of attending to post-completion matters with diligence and without delay.

The deed of assignment is the instrument by which the vendor’s right of occupancy (or other interest in land) is transferred to the purchaser. The effectiveness of the deed as an instrument of conveyance depends upon compliance with both the formal requirements prescribed by law and the substantive requirements that ensure the completeness and accuracy of the instrument. The essential components of a deed of assignment, as established by conveyancing practice and by the requirements of the Land Use Act and the applicable state laws, are discussed below.

The deed must bear a heading that identifies it as a deed of assignment. The date of the deed—which is the date upon which it is executed and delivered—must be stated, as it determines the commencement of the purchaser’s interest and the time from which the various statutory periods (for stamping, registration, and the application for Governor’s consent) begin to run.

The deed must identify the parties to the transaction with sufficient particularity to leave no doubt as to their identities. The vendor (referred to as the "Assignor") and the purchaser (the "Assignee") must be identified by their full names, addresses, and descriptions (e.g., "businessman," "legal practitioner," or, in the case of a company, the company’s registered name and company number). Where the vendor is a family, the family head and the principal members who consent to the sale should be named.

The recitals set out the background to the transaction—the history of the vendor’s title, the agreement between the parties, and the consideration for the assignment. The recitals typically state: that the vendor is the holder of a statutory right of occupancy over the property (reciting the certificate of occupancy number and date); that the vendor has agreed to assign the right of occupancy to the purchaser for the stated consideration; and that the Governor’s consent to the assignment has been applied for (or obtained, as the case may be). Where the vendor’s title is derived from a chain of prior assignments, the recitals will trace the chain from the root of title to the present vendor.

The operative clause is the substantive provision by which the assignment is effected. It states that the vendor, in consideration of the sum stated, assigns to the purchaser all the vendor’s right, title, and interest in the right of occupancy over the property described in the schedule, to hold unto the purchaser for the residue of the term granted by the certificate of occupancy. The operative clause must be drafted with precision, as it defines the extent of the interest transferred and the terms upon which it is held.

The property must be described with such precision as to enable its identification. The description is ordinarily contained in a schedule to the deed and will include the location of the property (by reference to the street address, the layout name, the plot number, and the cadastral zone in the FCT), the size of the property (in square metres or hectares), and a reference to the survey plan that delineates the boundaries of the property. The survey plan is typically annexed to the deed as a plan attached.

The deed will contain covenants given by the vendor to the purchaser, including: a covenant for title (that the vendor has good title to assign); a covenant for quiet enjoyment (that the purchaser shall enjoy the property without disturbance by the vendor or any person claiming through the vendor); a covenant against encumbrances (that the property is free from charges, liens, and adverse interests other than those disclosed); and a covenant for further assurance (that the vendor will execute such further documents as may be necessary to perfect the purchaser’s title). The purchaser may also give covenants—for example, a covenant to observe the conditions of the certificate of occupancy and to pay all rates and assessments.

The deed must be executed by both parties in the manner prescribed by law. For a natural person, execution requires the signature and seal of the party, in the presence of a witness who attests the execution by signing the attestation clause and recording his or her name, address, and occupation. For a corporate body, execution requires the affixing of the company’s common seal in the presence of two directors, or a director and the company secretary, who attest the sealing. The delivery of the deed—which is the act by which the party signifies an intention to be bound by the instrument—is presumed from the execution, unless a contrary intention is expressed.

The investigation of title, the completion of the conveyance, and the perfection of the purchaser’s interest through Governor’s consent, stamping, and registration constitute the three pillars upon which the validity of a sale of land transaction in Nigeria rests. Each stage is governed by a combination of statutory requirements, common-law principles, and established professional practice, and the failure to comply with the requirements at any stage may render the transaction defective or, in the most serious cases, void.

The deduction of title requires the vendor to disclose a chain of documentary evidence commencing from a good root of title—most commonly a certificate of occupancy or a deed of assignment perfected with Governor’s consent. The investigation of title requires the purchaser’s solicitor to conduct searches at the Lands Registry, the Probate Registry (where title derives through a deceased owner), the Corporate Affairs Commission (where the vendor is a corporate body), and the courts (to ascertain whether litigation is pending). Where the land is communal or family land, special inquiries must be conducted to ascertain the identity of the persons whose consent is required and to obtain that consent in writing. The physical inspection of the property and the preparation of a comprehensive search report complete the investigation phase.

Completion is effected by the execution and delivery of the deed of assignment, the payment of the balance of the purchase price, and the handing over of the title documents. The deed of assignment must comply with prescribed requirements of form and content, including the identification of the parties, the recitals, the operative clause, the description of the property, the covenants for title and quiet enjoyment, and the execution and attestation clauses. Post-completion, the purchaser must apply for Governor’s consent under section 22 of the Land Use Act 1978, stamp the deed under the Stamp Duties Act, and register the deed at the appropriate land registry.

The Supreme Court’s decision in Idundun v. Okumagba (1976), identifying the five methods of proving ownership of land, provides the framework within which the investigation of title to communal and family land must be conducted. The decision in Savannah Bank v. Ajilo (1989), holding that a transaction effected without Governor’s consent is void, underscores the imperative of completing the post-completion steps without delay. The mortgage professional’s responsibility extends to ensuring that all stages of the process are conducted with rigour, diligence, and full compliance with statutory requirements.

KEY TAKEAWAYSThe vendor is obliged to deduce title by delivering an abstract commencing from a good root of title—most commonly a certificate of occupancy or a perfected deed of assignment.Investigation of title requires searches at the Lands Registry, the Probate Registry (where applicable), the Corporate Affairs Commission (for corporate vendors), and the courts of competent jurisdiction.The five methods of proving title to land, as established in Idundun v.

Okumagba (1976) 9–10 SC 227, are: traditional evidence; production of documents of title; acts of ownership; acts of long possession; and proof of possession of connected or adjacent land.The alienation of family land requires the consent of the principal members of the family; a transaction concluded without such consent is voidable at the instance of the non-consenting members.Physical inspection of the property is indispensable: it verifies boundaries, identifies persons in occupation, and reveals conditions not disclosed by documentary searches.Completion is effected by the execution and delivery of the deed of assignment, the payment of the balance of the purchase price, and the delivery of title documents.Governor’s consent is mandatory for the alienation of a statutory right of occupancy under section 22 of the Land Use Act 1978; failure to obtain consent renders the transaction void (Savannah Bank v.

Ajilo, 1989).The deed of assignment must be stamped under the Stamp Duties Act within thirty days of execution; an unstamped deed is inadmissible in evidence in civil proceedings.Registration of the deed at the land registry creates a public record of the transaction and, in jurisdictions operating a system of registration of title, confers an indefeasible title upon the registered proprietor.Post-completion matters—consent, stamping, and registration—must be attended to promptly; delay exposes the purchaser to the risk of fraud, double sale, and loss of priority.

Self-Assessment Knowledge Check

Test your understanding of the material covered in this lesson by selecting the best answer for each of the following ten questions.

1. Which of the following best describes the concept of a "good root of title"?

   1. Any document that is more than thirty years old
   2. A document that deals with the entire interest in the property, identifies the property, and contains nothing to cast doubt upon the title
   3. A document that has been registered at the Corporate Affairs Commission
   4. A document that has been certified by a notary public

2. In Idundun v. Okumagba (1976), the Supreme Court identified how many methods of proving ownership of land?

   1. Three
   2. Four
   3. Five
   4. Seven

3. A search at the Probate Registry is necessary where:

   1. The vendor is a company incorporated under CAMA
   2. The vendor claims title through a deceased person
   3. The property is located in the Federal Capital Territory
   4. The purchase price exceeds NGN 100 million

4. The effect of failure to obtain Governor’s consent to an assignment of a statutory right of occupancy, as held in Savannah Bank v. Ajilo (1989), is that the transaction is:

   1. Voidable at the option of the purchaser
   2. Valid but unenforceable against the state
   3. Null and void
   4. Valid subject to retrospective consent

5. The alienation of family land under customary law requires:

   1. The consent of the Governor only
   2. The consent of the principal members of the family
   3. A resolution of the local government council
   4. Registration at the Corporate Affairs Commission

6. An unstamped deed of assignment is:

   1. Void ab initio
   2. Inadmissible in evidence in civil proceedings, though it may be stamped late upon payment of a penalty
   3. Valid and admissible in all circumstances
   4. Enforceable only in the Magistrate Court

7. The physical inspection of property is necessary in order to:

   1. Satisfy the requirements of the Land Use Act
   2. Verify boundaries, identify persons in occupation, and reveal conditions not disclosed by documentary searches
   3. Obtain the consent of the community to the transaction
   4. Determine the market value of the property for stamp duty purposes

8. The operative clause (habendum) of a deed of assignment:

   1. Sets out the history of the vendor’s title
   2. Identifies the witnesses to the deed
   3. Effects the assignment by transferring the vendor’s right, title, and interest to the purchaser
   4. States the conditions of the certificate of occupancy

9. Which of the following is NOT one of the five methods of proving title to land recognised in Idundun v. Okumagba (1976)?

   1. Proof by traditional evidence
   2. Proof by production of documents of title
   3. Proof by payment of property tax
   4. Proof by acts of long possession and enjoyment

10. At completion, the vendor is obliged to:

    1. Pay the stamp duty on the deed of assignment
    2. Deliver the executed deed of assignment and all title documents to the purchaser
    3. Apply for Governor’s consent on the purchaser’s behalf
    4. Register the deed at the land registry

Answer Key

Answers: 1. (b) | 2. (c) | 3. (b) | 4. (c) | 5. (b) | 6. (b) | 7. (b) | 8. (c) | 9. (c) | 10. (b)

Detailed Explanations

1. A good root of title is a document that deals with the entire interest in the property, contains a description sufficient to identify the property, and contains nothing to cast doubt upon the title. A certificate of occupancy or a perfected deed of assignment typically satisfies these requirements.

2. In Idundun v. Okumagba (1976) 9–10 SC 227, the Supreme Court identified five methods of proving ownership of land: traditional evidence; production of documents of title; acts of ownership; acts of long possession and enjoyment; and proof of possession of connected or adjacent land.

3. A search at the Probate Registry is necessary where the vendor claims title through a deceased person—whether as personal representative or as beneficiary—in order to verify the existence and validity of the grant of probate or letters of administration.

4. In Savannah Bank of Nigeria Ltd v. Ajilo (1989), the Supreme Court held that a transaction effected without Governor’s consent under section 22 of the Land Use Act is null and void. The requirement of consent is mandatory and its absence vitiates the transaction.

5. The alienation of family land under customary law requires the consent of the principal members of the family. The family head alone cannot alienate the land, and a sale concluded without the consent of the principal members is voidable.

6. Under section 22(4) of the Stamp Duties Act, an unstamped instrument is inadmissible in evidence in civil proceedings, but it may be stamped late upon payment of the prescribed penalty in addition to the duty payable.

7. Physical inspection verifies that the property corresponds with the title documents, identifies persons in occupation whose rights may bind the purchaser, and reveals physical conditions—such as encroachment, flooding, or environmental hazards—that documentary searches cannot disclose.

8. The operative clause (habendum) is the substantive provision of the deed by which the assignment is effected. It states that the vendor assigns all right, title, and interest in the property to the purchaser for the residue of the term of the right of occupancy.

9. Payment of property tax is not one of the five methods of proving title recognised in Idundun v. Okumagba. The five methods are: traditional evidence; documents of title; acts of ownership; long possession; and possession of connected or adjacent land.

10. At completion, the vendor is obliged to deliver the executed deed of assignment and all title documents relating to the property to the purchaser. The stamping, registration, and application for Governor’s consent are ordinarily the responsibility of the purchaser.

References and Further Reading

Legislation

Land Use Act 1978 (Cap. L5, Laws of the Federation of Nigeria 2004).

Conveyancing Act 1881 (44 & 45 Vict., c. 41) [received as statute of general application].

Property and Conveyancing Law 1959 (Western Region, Cap. 100).

Registration of Titles Act (Cap. R10, Laws of the Federation 2004).

Stamp Duties Act (Cap. S8, Laws of the Federation 2004).

Companies and Allied Matters Act 2020 (CAMA).

Land Registration Law 2015 (Lagos State).

Administration of Estates Act (Cap. A3, Laws of the Federation 2004).

Administration of Estates Law 2015 (Lagos State).

Evidence Act 2011.

Case Law

Idundun v. Okumagba (1976) 9–10 SC 227 (Supreme Court of Nigeria).

Savannah Bank of Nigeria Ltd v. Ajilo (1989) 1 NWLR (Pt. 97) 305 (Supreme Court of Nigeria).

Awojugbagbe Light Industries Ltd v. Chinukwe (1995) 4 NWLR (Pt. 390) 379 (Supreme Court of Nigeria).

Regulatory Instruments

Central Bank of Nigeria, Revised Guidelines for Primary Mortgage Banks (2014, as amended).

Central Bank of Nigeria, Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) Guidelines.

Rules of Professional Conduct for Legal Practitioners (2007).

Mortgage Banking Association of Nigeria, Code of Mortgage Practice (2021).

Secondary Sources

Oluyede, P. A. O. (1998). Nigerian Land Law and Conveyancing. Ibadan: Evans Brothers.

Nwogugu, E. I. (2020). Law of Real Property in Nigeria (2nd edn). Lagos: University of Lagos Press.

Olawoye, C. O. (1974). Title to Land in Nigeria. Lagos: Evans Brothers.

Oshio, P. E. (2003). The Land Use Act and the Question of Compensation for the Acquired Land Interest. Benin Journal of Public Law, 1(1), 11–30.

Smith, I. O. (2013). Practical Approach to Law of Real Property in Nigeria (3rd edn). Lagos: Ecowatch Publications.

Tobi, N. (1997). Cases and Materials on Nigerian Land Law. Lagos: Mabrochi Books.

Lagos State Lands Bureau (2024). Property Transaction Statistics 2020–2024. Lagos.

FCT Land Administration Department (2024). Land Administration Annual Report. Abuja.

Digital Research Platforms

Nigerian Legal Information Institute (NigeriaLII): www.nigerialii.org

Law Pavilion: www.lawpavilion.com

Mondaq: www.mondaq.com

Document Metadata

Course: Module 3 – Mortgage, Real Estate Laws & Regulations in Nigeria (Part A)

Lesson: Lesson 11 – Sale of Land II — Title Investigation & Completion

Word Count: Approximately 5,000+ words

Institution: IMBL of Nigeria

Format: LMS-ready certification material

Date: April 2026

IMBL Nigeria Certification | Page