Type of Land Document
The following are different land documents usually used for land transactions. I hope you find this useful..
DEED OF ASSIGNMENT
A deed of
Assignment is an Agreement between the Seller of a Land or Property and a Buyer
of that Land or property showing evidence that the
Seller has transferred all his rights, his title, his interest and ownership of
that land to that the Seller that has just bought land.
The Deed
of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller.
The person or Seller who transfers his rights or interests in that property is
usually called the Assignor and the person who receives such right or interest
from the Seller is called the Assignee.
A Deed of Assignment therefore is an Agreement where an assignor
states his promise that from the date of the assignment or any date stipulated
therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real
estate transaction. For one, it spells out the date when the ownership
of the property transfers from one owner to the other. The deed also gives a
specific description of the property that is included in the transfer of
ownership.
In most situations, when the Deed of Assignment has been exchanged
between both parties, it has to be recorded in the land registry to show legal
proof that the land has exchanged hands and the public should be aware of the
transaction. Such recorded Deed of Assignment come in the form of either a
Governor’s consent or registered conveyance. The Deed
of Assignment spells out the key issues in the transaction between the Seller
and the Buyer so that there won’t be any confusion or assumption after the
property has been transferred to the new owner
 |
| Deed of assignment (credit: omoonile lawyer) |
Key
features of Deed of Assignment
1. The Parties’ to the Agreement e.g
between Mr A and Mrs K
2. The addresses of both parties and
how it is binding on their successors, friends, colleagues and those
representing them in any capacity.
3. The history of the land in
question how it was first obtained down to the moment its about to be sold including
and documents it previously had till this date
4. The agreed cost of the land and
the willingness of the Seller to finally accept that price paid for the land
5. The description and size of the
land to be transferred.
6. The covenants or promises both
parties choose to undertake to perfect the transfer of the document
7. The signature of the parties to
the Assignment and Witnesses to the Transaction
8. Finally the section for the
Commissioner of Oaths or Governors Consent to sign and validate the agreement.
These are the important features of
a Deed of Assignment and must be included in all Documents for it to be valid.
GAZETTE
AND EXCISION
The Land Use Decree on the 28th
of March, 1978 has vested all lands in every state of the Federation under the
control of the State Governors. Due to this fact, People could now directly
obtain land from the Governor and the Governor could allocate land to the
individual or Companies inquiring about land and issue certificate of occupancy
to these people it has allocated land to.
The land
use act coupled with other laws made it possible for the Governor who was now
the owner of all lands in the state to actually have the power to acquire more
lands Compulsorily for its own public purpose to provide Amenities for the
greater good of the citizens. The
Acquisition of land from the Family by the Governor who is now the custodian of
all lands in the state was now empowered by the Land Use Act to take the
general control and management of all URBAN
land and any area designated as an Urban area by the Governor shall be published in an Official Government Record
book known as the Gazette.
Any area, community or village the
Governor designates as an Urban Area is an Acquired land and the rest of the
land it has not acquired may be given back to the community it was acquired
from in the form of an Excision.
“An Excision means basically taking a part from a whole and that part that
has been excised, will be recorded and documented in the official government
gazette of that state.”
 |
| Gazette sample (Credit: omoonile lawyer) |
So for example if in 1981, Victoria
Island, Ikoyi and Lekki were all part of one big Community joined together called
Oniru and it had no separation to know which area is called ikoyi, lekki or V.I
then and it has an approximate total area square meters estimate of 100,000
square meters and the Government is interested in that area and decides to take
70,000 square meters for its self for its own personal use as an Urban Area or
public purpose, it will record this acquisition in the official government
gazette and also record that the remaining 30,000 square meters has been left
alone for the traditional family to have and do with it whatever it pleases it
to do.
This my friends is the sweet
relationship between a land under acquisition, an excision and gazette.
So now that we know that a Gazette
is an Official record book where all special government details are spelt out,
detailed and recorded.
A gazette will show the communities
or villages that have been granted excision and the number of acres or hectares
of land that the government has given to them. It is within those excised acres
or hectares that the traditional family is entitled to sell its lands to the
public and not anything outside those hectares of land given or excised to
them. If they decide to sell anything outside the excised land, then that land
is under acquisition by the government and it is a very bad land to buy
A Gazette is a very powerful instrument
the community owns and can replace a Certificate of Occupancy to grant title to
the Villagers. A community owning a gazette can only sell lands to an
individual within those lands that have been excised to them and the community
or family head of that land has the right to sign your documents for you if you
purchase lands within those excised acres or hectares of land.
If the government based on some reasons best known to them
decides to revoke or acquire your land, you will be entitled to compensation as
long as it’s within the Excised lands given to that community.
SURVEY PLAN
A Survey plan is a document that
measures the boundary of a parcel of land to give an accurate measurement and
description of that land. The people that handle survey issues are Surveyors
and they are regulated by the office of the Surveyor general in Lagos as it
relates to survey issues in Lagos. A survey plan must contain the following
information:
1. The name of the owner of the land
surveyed
2. The Address or description of the
land surveyed
3. The size of the land surveyed
4. The drawn out portion of the land
survey and mapped out on the survey plan document
5.
The beacon numbers
6. The surveyor who drew up the
survey plan and the date it was drawn up
7. A stamp showing the land is
either free from Government acquisition or not.
 |
| Survey plan (Credit; omoonile lawyer) |
This survey plan is what you would
carry to the Land Bureau to do a geographical search or take registered
Surveyor to the land to pick out the coordinates of the land to compare at the
Surveyor general’s office to confirm whether the land is under government acquisition
committed or non committed land. A committed land under government acquisition is
a bad land and never buy while a non-commited land under government acquisition
can still be ratified to process the needed documents at the ministry of lands.
Remember all land by law is under government acquisition but it can either be a
commited land or non commited land.
GOVERNOR`S CONSENT
I will try to simplify the governors consent for
you. A simple formula to follow is this. The first person on a Virgin Land that
has neither been occupied by another person nor under acquisition by the
Government is entitled to get a Certificate of Occupancy on that land.
If that person with the C of O
decides to sell his land to another person after so many years, that person
must now obtain the Consent of the
Governor before that transaction can be deemed legal in the eyes of the
Government. If the new buyer now decides to sell the land again to a
third owner in future, that Third owner must also obtain a new Consent of the
Governor before that transaction can be deemed legal in the eyes of the
Government and the process continues every time the property changes hands to a
new buyer.
In other
words, the first person on a land is the only person or group of persons
entitled to obtain a Certificate of Occupancy. Every subsequent buyer of that
land must get a Governor’s consent.
There can only be one (1) Owner of the Certificate of Occupancy on that Land
and it will not be replicated for another person once the land has been sold or
transferred to another person.
The powers of the Governor to
Consent to such transactions can be found in Section 22. Of the LAND USE ACT
1978 as amended which states thus:
“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 first had and obtained”
With this power, the Governor has the
right to grant consent to any transaction which it thinks has not contravened
any Law of the land and if the consent has been obtained fraudulently, the
Governor is entitled to revoke such consent immediately.
CERTIFICATE OF OCCUPANCY (C of O)
The Nigerian Constitution and the Land Use Act
vest power in the government of a state to grant a statutory right of occupancy
to any person who wishes to purchase any land. The grant of a right of
occupancy is evidenced in the certificate of occupancy issued.
 |
| C of O sample (credit: omoonile lawyer) |
A certificate of occupancy, therefore, is a
document that acknowledges the right to possession of a certain property. It
shows that the governor of the state has given his consent and is aware that
the property is in your possession. The document shows that a certain property
has been allocated to you for a certain period of time. It confers exclusive
right of possession on the purchaser.
The mistake most
landlords and property owners make is that they are unaware of the importance
of the C of O until the question of title comes in. Whoever
a buyer buys the property from, government or no, the state government’s
consent is needed to legitimize the purchase. For landlords and
would-be-real-estate professionals.
POWER OF ATTORNEY
One of the reasons we see so many
cases in court with respect to Land Disputes can be traced to this very
Powerful but dangerous Document called a Power of Attorney or P.O.A. A
Power of Attorney is a written document given by Party A to Party B to carry
out certain functions on behalf of that Party A within a specified period. Such
functions and powers granted to Party B may include the power to sell, manage,
buy, transfer, engage, refuse and administer the Property or Land of Party A
till the expiration of the Power of Attorney.
Unknown to most people that grant a
Power of Attorney to Party B, the Power
of Attorney is only to last for 12 Months Only from the date it was signed
after which it must expire and must no longer be in use unless it is renewed by
Party A to Party B. The rules of a Power of Attorney is Very clear and
Inflexible and within that 12 Months, the holder of that Power of Attorney can
do and Undo and if not properly managed. Party B can wreck havoc on the lives
of Party A and those that are to benefit from the Power of Attorney directly or
Indirectly.
A Power of Attorney is often granted
in favour of a Solicitor or an Estate Agent to help manage, rent or administer
a property for rent or lease and its a very common document that is used to get
new tenants and collect rent on behalf of a Landlord. It becomes a whole new
ball game when a Power of Attorney is granted to a Person to help SELL OR
TRANSFER A LAND OR PROPERTY. This is where most of the Fraud we see in Landed
Transactions take place.
 |
| Power of Attorney sample (credit; omoonile lawyer) |
To guide yourself from being swindled by Land scam artists
using a Power of Attorney as a cover-up to perpetrate their crimes, You should
be aware of the following so that you don’t fall victim to these Douche bags:
1. A power of attorney is a bad title that should not be
given to you without a better title such as a deed of assignment, Certificate
of Occupancy, Gazette or Governor’s Consent. If the Seller is relying on only
the Power of Attorney as its only title, please just walk away
2. The fact that he is flaunting a Power of Attorney
shouldn’t mean that you the Buyer shouldn’t ask for the Owner of the
Property to establish communications with him. You are entitled to engage in a
telephone conversation or to meet face to face with the owner because that Owner
of the Property is going to sign the documents not the person wielding a copy
of the Power of Attorney.
3. Always confirm who you are paying money to from the Owner
of the Property other than the holder of a Power of Attorney. Most Land
Scammers use this Power of Attorney to collect various sums of money from
different people to pay into their Account other than the trueowner of the
property. If the holder of the Power of Attorney is so adamant and desperate
not to connect you to the original owner of the property and does everything
possible to deflect you from meeting the true owner or communicating with him
but instead pushes aggressively for you to pay into his account based on the
Power of Attorney, please walk away from the transaction. You are about to be
scammed.
4. Make sure you look at the date the power of attorney was
granted and calculate 12months after that. If that power of attorney has exceed
a day plus from its expiration date, you should ignore the power of attorney
and walk away. The holder of that Power of Attorney is using it to perpetuate
fraud.
5. Most Power of Attorney’s that are to be used for Land
Transaction purposes must be registered in a competent court of Jurisdiction. A
Power of Attorney that isn’t registered in a Court or in front of a
Commissioner of Oath shouldn’t be taken seriously and you should stop the deal
immediately.
A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing
evidence that the Seller has transferred all his rights, his title, his
interest and ownership of that land to that the Seller that has just bought land.
The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller. The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.
A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.
In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance. The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner.
- See more at: http://omonilelawyer.com/what-is-a-deed-of-assignment-and-the-risk-your-taking-for-not-having-a-deed-of-assignment-for-your-land/#sthash.0t8oX2H2.dp
The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller. The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.
A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.
In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance. The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner.
- See more at: http://omonilelawyer.com/what-is-a-deed-of-assignment-and-the-risk-your-taking-for-not-having-a-deed-of-assignment-for-your-land/#sthash.0t8oX2H2.dp
A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing
evidence that the Seller has transferred all his rights, his title, his
interest and ownership of that land to that the Seller that has just bought land.
The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller. The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.
A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.
In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance. The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner.
- See more at: http://omonilelawyer.com/what-is-a-deed-of-assignment-and-the-risk-your-taking-for-not-having-a-deed-of-assignment-for-your-land/#sthash.0t8oX2H2.dpuf
The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller. The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.
A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.
In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance. The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner.
- See more at: http://omonilelawyer.com/what-is-a-deed-of-assignment-and-the-risk-your-taking-for-not-having-a-deed-of-assignment-for-your-land/#sthash.0t8oX2H2.dpuf
A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing
evidence that the Seller has transferred all his rights, his title, his
interest and ownership of that land to that the Seller that has just bought land.
The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller. The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.
A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.
In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance. The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner.
- See more at: http://omonilelawyer.com/what-is-a-deed-of-assignment-and-the-risk-your-taking-for-not-having-a-deed-of-assignment-for-your-land/#sthash.0t8oX2H2.dpuf
The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller. The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.
A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.
In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance. The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner.
- See more at: http://omonilelawyer.com/what-is-a-deed-of-assignment-and-the-risk-your-taking-for-not-having-a-deed-of-assignment-for-your-land/#sthash.0t8oX2H2.dpuf
A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing
evidence that the Seller has transferred all his rights, his title, his
interest and ownership of that land to that the Seller that has just bought land.
The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller. The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.
A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.
In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance. The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner.
- See more at: http://omonilelawyer.com/what-is-a-deed-of-assignment-and-the-risk-your-taking-for-not-having-a-deed-of-assignment-for-your-land/#sthash.0t8oX2H2.dpuf
The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller. The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.
A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.
In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance. The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner.
- See more at: http://omonilelawyer.com/what-is-a-deed-of-assignment-and-the-risk-your-taking-for-not-having-a-deed-of-assignment-for-your-land/#sthash.0t8oX2H2.dpuf
A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing
evidence that the Seller has transferred all his rights, his title, his
interest and ownership of that land to that the Seller that has just bought land.
The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller. The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.
A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.
In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance. The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner.
- See more at: http://omonilelawyer.com/what-is-a-deed-of-assignment-and-the-risk-your-taking-for-not-having-a-deed-of-assignment-for-your-land/#sthash.0t8oX2H2.dpuf
The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller. The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.
A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.
In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance. The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner.
- See more at: http://omonilelawyer.com/what-is-a-deed-of-assignment-and-the-risk-your-taking-for-not-having-a-deed-of-assignment-for-your-land/#sthash.0t8oX2H2.dpuf