Conducting a land title search in Nigeria is a crucial step in any real estate transaction. Whether you are buying land for personal use or investment, verifying ownership and ensuring the property is free from legal disputes or encumbrances protects you from costly mistakes and fraudulent deals.
This guide explains, in practical terms, how to carry out a proper land title search in Nigeria, the documents you’ll need, and why due diligence is non-negotiable before property acquisition.
Understanding the Purpose of a Land Title Search
The purpose of a land title search is to confirm the legal status of a property before purchase or registration. A well-conducted search helps investors:
- Verify ownership of the land or property.
- Confirm the authenticity of documents such as the Certificate of Occupancy (C of O) or Deed of Assignment.
- Check for encumbrances, including mortgages, liens, or caveats.
- Identify government acquisitions or lands earmarked for public use.
In short, a title search ensures that what you are buying is valid, safe, and legally transferable. Skipping this process can expose investors to land fraud, double ownership claims, or litigation.
Steps In Conducting a Land Title Search in Nigeria
In this section, we have listed a step-by-step guide to follow in conducting a land title search in Nigeria. Find each step below.
Step 1: Obtain the Title Documents
Before starting a land registry search in Nigeria, request the seller to provide key ownership documents. These may include:
- Certificate of Occupancy (C of O) or Deed of Assignment
- Survey Plan (showing the land’s coordinates and boundaries)
- Governor’s Consent, where applicable
- Purchase receipts or court judgments (for disputed ownerships)
Always request original or certified true copies of these documents. Fraudulent land transactions often involve forged documents, so confirming authenticity at every stage is crucial.
Step 2: Conduct a Search at the Land Registry
The Land Registry is the official repository of land ownership records in each Nigerian state. Searches are governed by the Land Use Act of 1978, and they reveal vital details about a property’s ownership history and status.
How to Conduct the Land Registry Search
1. Submit an Application for Search
Write a formal application to the Registrar of Titles, including details such as the land’s location, size, and owner’s name.
2. Pay the Required Fees
A small administrative fee is charged for the search. Always collect and keep your payment receipt.
3. Inspect the Land Records
During the search, verify key details such as:
- The registered owner’s name.
- History of ownership (chain of title).
- Existing encumbrances like mortgages or caveats.
- Whether the land is under government acquisition or designated for public use.
- Request a Certified Search Report
Obtain an official Certified True Copy (CTC) of the search report for your records. This serves as proof that due diligence was carried out.
Step 3: Verify the Survey Plan
A survey plan provides the precise boundaries, size, and location of the land.
Ways To Confirm The Authenticity Of The Survey Plan
- Visit the Office of the Surveyor-General in the state where the land is located.
- Cross-check the coordinates on the plan against government maps.
- Ensure the land isn’t within a government-acquired area or restricted zone.
This verification helps prevent purchasing land already designated for road expansion, pipelines, or public projects.
Step 4: Conduct a Physical Inspection
No matter how convincing the documents look, a physical inspection remains vital. Visit the site to:
- Confirm that the land physically exists and matches its description.
- Check for visible signs of encumbrance, e.g., occupation by third parties, construction, or boundary disputes.
- Engage with neighbors and community leaders to learn about the land’s ownership history and any potential conflicts.
This on-site check provides real-world validation that complements the documentary findings.
Step 5: Check for Litigation or Disputes
In Nigeria, many lands are subjects of ongoing court disputes. To protect your investment:
- Visit the High Court or Magistrate’s Court within the jurisdiction of the property.
- Request a search of pending or past cases involving the property or its purported owner.
Buying land under litigation can render your ownership claim invalid even if you paid in full.
Step 6: Verify Governor’s Consent
Under Section 22 of the Land Use Act, any transfer of land covered by a Statutory Right of Occupancy must have the Governor’s Consent.
To verify this:
- Ask the seller for a copy of the consent document.
- Confirm its authenticity at the Land Registry.
Without the Governor’s Consent, a land transaction is legally void. This means ownership cannot be perfected.
Step 7: Engage Qualified Professionals
Conducting property due diligence in Nigeria requires expertise. Engaging professionals ensures your investment is fully protected.
- Property Lawyers: A real estate lawyer reviews documents, confirms ownership, and ensures compliance with legal requirements.
- Licensed Surveyors: They verify the survey plan and physically identify the land’s boundaries.
Professionals not only save you from errors but also provide legal backing during negotiations and registration.
Step 8: Watch Out for Red Flags
Be alert to warning signs that indicate the land may not be safe to buy. Common red flags include:
- Inconsistent names or details in title documents.
- Presence of encumbrances like mortgages or liens.
- Unregistered Deeds of Assignment.
- Claims of ownership based only on purchase receipts.
- Land located in government-acquired or disputed areas.
If you encounter any of these issues, consult a property lawyer before proceeding.
Step 9: Finalize and Register the Transaction
Once all verifications are complete and the land is confirmed to be free from encumbrances:
- Prepare a Deed of Assignment (or other applicable transfer documents).
- Obtain the Governor’s Consent to make the transaction legally binding.
- Register the documents at the Land Registry to perfect your title.
This final registration step transforms your ownership rights into a recognized legal title, protecting you against future claims.
Conclusion
A thorough land title search in Nigeria serves as a legal assurance. Every investor should view it as a vital due diligence step before buying property. Failing to verify ownership or encumbrances can lead to financial loss, legal battles, or forfeiture of the property.
By following this step-by-step guide and working with trusted professionals, real estate investors can secure their investments and enjoy peace of mind in every property transaction.
Other Articles On The Blog
- Land Ownership in Nigeria: Customary and Statutory Rights
- Taking A Sublease In Nigeria – Things To Note
Navigating property laws in Nigeria can be complex, but the right legal guidance makes all the difference.
At Scotts Legal, we provide expert support in property acquisition, title investigation, registration, and property management, helping real estate investors make confident, compliant, and secure decisions.
For consultations and inquiries, send us a message – here.
