Buying a house in Nigeria goes beyond making payments, just like any relevant transaction, you need to have proof of ownership. You must have the required documents for property transfer as they are essential in proving the ownership interest of the seller.
Failure to have these documents could cause you to have unnecessary cases with others or the government. This is why it is important that you familiarize yourself with the various types of property documents in Nigeria. The documents include:
Approved Survey Plan
The approved survey plan is an important document for a buyer to see when buying a house. It shows the buyer the actual location of any property and the boundaries of the property. It will also reveal whether the land is under any government acquisition or not.
Deed of Assignment
Recall that Propertydome had talked about the deed of assignment document in the article, Steps to take when buying a house. The deed of assignment is a registrable document that transfers the title of a property from a seller to the buyer. It can either be prepared by the buyer’s lawyer and reviewed by the seller or prepared by the seller/lawyer and reviewed by the buyer.
In a case where the seller previously purchased the house to be sold from another seller, the new buyer needs to demand a copy of this document to enable him or her to trace the history of the house to be purchased.
Certificate of Occupancy (CofO)
The certificate of occupancy is considered the most important land document in Nigeria. It certifies the legal ownership status of any land or property in Nigeria irrespective of its use. It is the document that indicates that an individual has been granted statutory right of occupancy by the Governor of the state where the land is located or a customary right of occupancy by the Local Government Chairman, depending on if the land is in a rural area.
The CofO is not usually applicable to all properties. It is usually issued to persons who have owned a property in Nigeria before the enactment of the Land Use Act 1978 or to people who are getting direct property allocation from any government.
[READ MORE: Useful Tips On How To Secure Your Property Documents]
Probate & Letter of Administration
This document is required in a situation where the owner of the property is late. Here, the buyer needs to request for the grant of probate or letter of administration in respect of the property. This is because the owner’s death invalidates the property documents and his or ability to convey the property title.
The grant of probate or letter of administration will become the document that serves as a legal title in respect of any land or house owned by a deceased person. The document will name Executors or Administrators, as the case may be, who can sign any document transferring the interest in the property called Assent.
Power of Attorney
This one is only required where an agent is acting for the owner of the house. It is a document that authorizes a particular person to act on the behalf of the real owner of the house.
Governor’s Consent
Although this is not necessarily a document, it is important as well. A governor’s consent is the approval or attestation of a state governor by himself or through its designated commissioner to any property transfer.
According to the Land Use Act of 1978, governors consent is required in the transfer or conveying of any property interest from one person to another.
Having seen the different documents needed when buying a house, we would like to hear from you. Share your experiences as regards property transfer in the comment section.
