Why land titles matter in Nigeria
Under the Land Use Act of 1978, all land in a state is held in trust by the State Governor. Individuals and companies do not own land outright in the old sense; they hold a right of occupancy. Every genuine land title in Nigeria traces back to that system.
That is why buyers hear so many terms: C of O, Governor’s Consent, Excision, Gazette, Deed of Assignment. Each plays a different role. Understanding them is the single best protection you have when buying land.
Certificate of Occupancy (C of O)
A C of O is issued by the state government and confirms a right of occupancy over a specific piece of land, usually for up to 99 years. It is one of the strongest titles you can hold because it comes directly from the state.
“C of O in view” means the owner or developer has applied and the certificate is being processed. It is common in new estates. Ask for evidence of the application, and make sure the survey plan and other documents are in order.
Governor's Consent
When land that already has a title (such as a C of O) is sold, the transfer must be approved by the Governor. That approval is Governor’s Consent. It is not a new title; it registers you as the new holder of an existing one.
If you buy titled land and never perfect Governor’s Consent, the old owner may still appear on government records. Your lawyer handles this after purchase.
Excision and Gazette
Government sometimes acquires large areas of land for public use. It can later release part of that land back to the original community. This release is called excision, and it is published in an official government document called a gazette.
Land inside an excised and gazetted area can be sold by the community. Land outside it may still be under government acquisition. Always ask to see the gazette and confirm by charting that your plot is inside the excised portion.
Deed of Assignment
A Deed of Assignment is the legal document that transfers the seller’s interest in the land to you. It names both parties, describes the land and records the price. For titled land, the deed is what you submit when applying for Governor’s Consent.
A payment receipt is not proof of ownership. You need a properly executed deed.
Survey plan
A registered survey plan, prepared by a licensed surveyor, shows the exact size, shape, boundaries and coordinates of a plot. Every title refers to a survey. Charting the survey plan at the Surveyor-General’s office is how you confirm the land’s status.
Which title is safest?
There is no single answer, because safety depends on the documents being genuine and consistent. As a rule of thumb:
- A genuine C of O (or Governor’s Consent on a C of O) with a clean charting report is among the strongest positions.
- Land in an excised and gazetted area with a registered survey and a proper deed is a safe, common route for new estates.
- “C of O in view” is acceptable from a reputable developer, provided the survey, excision status and application are verifiable.
- Avoid land with no survey plan, land under acquisition, or sellers who cannot show who owns the land.
Other terms you may hear
- Right of Occupancy: the legal right to use land granted under the Land Use Act. A C of O is evidence of a statutory right of occupancy.
- Customary Right of Occupancy: granted by a Local Government for land in non-urban areas.
- Registered Conveyance: an older form of title from before the Land Use Act, still seen on some land.
- Contract of Sale: the agreement to buy, signed before the Deed of Assignment.
- Power of Attorney: lets someone act for the owner. For land, it should be registered.
- Allocation letter: confirms which plot in an estate is yours.
How titles fit together in a real purchase
Here is how the documents usually come together when you buy a plot in an estate:
- The estate land is acquired from the community, typically in an excised and gazetted area or on land with an existing title.
- A registered survey of the whole estate is prepared and charted.
- The developer applies for a C of O (“C of O in view”).
- You sign a Contract of Sale and pay, receiving receipts.
- After full payment you receive a Deed of Assignment, a survey plan for your plot and an allocation letter, and you are shown your plot on the ground.
- Where the land has a C of O, your lawyer can apply for Governor’s Consent to register the transfer in your name.
How to check a title is genuine
Never rely on photocopies. Ask your lawyer to search the title at the state Lands Registry and to chart the survey plan at the Surveyor-General’s office. Check that names, plot numbers, sizes and coordinates match across every document. If anything is inconsistent, ask why before you pay.
Common misunderstandings
- “Excised land has a C of O.” Not automatically. Excision releases land to a community; individual plots may still need their own title.
- “A survey plan is a title.” No. It describes the land; it does not prove ownership on its own.
- “Governor’s Consent is only for big buyers.” Anyone buying titled land should perfect consent to register their interest.
- “C of O in view means there is no title.” It means the application is in process. What matters is whether the underlying documents are genuine and verifiable.
What GestPoint buyers receive
For GestPoint estates such as Champions Court, Glamour Estate and Harmony Golf District, the title is a survey plan with C of O in view. Buyers receive a Contract of Sale and receipts on payment, and a Deed of Assignment, survey plan and allocation letter on completion. You can review copies before you pay.
Want to check any land deal in two minutes? Try the free land safety checker.
Frequently asked questions
Is C of O better than Governor's Consent?
They do different jobs. A C of O is the original title from the state; Governor's Consent approves the transfer of an existing title to a new owner. Buying land that has a C of O, then perfecting Governor's Consent in your name, is a strong position.
What does C of O in view mean?
It means the owner has applied for a Certificate of Occupancy and it is being processed. Ask for evidence of the application and verify the survey and excision status.
Is excised land safe to buy?
Yes, if the excision is gazetted and charting confirms your plot is inside the excised area.
How long is a C of O valid?
A right of occupancy under a C of O is usually granted for up to 99 years.
Useful official sources: Land Use Act 1978 (overview), Lagos State Lands Bureau.
This guide is for general information and is not legal or financial advice. Prices and fees change; confirm current figures with a GestPoint advisor and your own lawyer.
