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Important Land Documents For Property Transactions In Nigeria - Properties - Nairaland

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Why Skipping Certificate Of Occupancy In Nigerian Property Transactions / Different Types Of Land Documents / Documents Required For Property Transfer In Nigeria (2) (3) (4)

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Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 5:35am On May 03, 2021
There are various land documents in Nigeria affecting the transfer of land ownership and legal interest in a property. A prospective buyer of land must be acquainted with appropriate land documents relevant to the property to be purchased. All documents are not mandatory or relevant to a single property, an appropriate document for any proposed property transaction will be determined by the nature or circumstances of the property to be purchased. Below, I will briefly explain some of the relevant documents for land or property transaction in Nigeria.

LAND PURCHASE RECEIPT
A land purchase receipt is a normal receipt or document reflecting the receipt of payment for a particular property or land. Usually, vendors issue a receipt to the buyer upon the sale of a property. However, the receipt may be obviated where the clause for receipt is contained in the document transferring the land.

CONTRACT OF SALE OF LAND
The contract of sale of land is used by parties to agree on some terms before the finalization of the transaction. It is relevant when any property is to be purchased by anyone. It is not a registrable instrument and must be preceded with other document transferring title in the applicable property.

SURVEY PLAN
A survey plan is used to show the location and size of landed property. With the descriptions and coordinates on the survey document, it is easier to check or search from the office of the Surveyor-General whether the land is actually under any government acquisition or not.

DEED OF ASSIGNMENT
Deed of Assignment or Deed of Conveyance is used in sales transactions to permanently transfer a landed property from the seller (also known as assignor) to the buyer (also refers to as assignee). It may be drafted by the assignor and reviewed by the assignee or vice versa.

CERTIFICATE OF OCCUPANCY (C of O)
C of O is usually issued by the state government, indicating that a person owns a parcel of land or property. It is issued to individuals that have held a piece of land before 1979. State governments also give it to the allottees of the government's land. An Individual who subsequently takes over land by way of sale does not require a new certificate of occupancy but rather a deed of assignment with the governor's consent.

DEED OF MORTGAGE
Deed of mortgage is actually used in mortgage transactions to show that land or property has been transferred from the mortgagor (borrower) to the mortgagee (lender). It is a temporary transfer in the sense that the mortgagor shall be entitled to retrieve this property back from the lender when the total loan amount, together with the accrued interest, has been paid.

DEED OF GIFT
It is a document that proves that land or property has been gifted from one person (Donor) to another (Donee). A deed of gift can be used to transfer interest in a landed property permanently.

GRANT OF PROBATE
A grant of probate is a document derived after proving the will of a deceased person through inheritance in the probate registry. The document vests all the assets contained in the will into the executors of the estate, who are now recognized legal owners of the property in law. After the owner of any property has become late, all the property's documents of such person are no longer valid to transfer any interest in the assets left behind by him or her. The Probate will now be the only recognized legal documents to prove the title to such property.

LETTER OF ADMINISTRATION
The letter of administration also vests the property left behind by a deceased person into the administrators of a specific estate. It is usually granted to the personal representatives of a deceased person where the deceased left no will before death or where the will has become invalid for any reason.

ASSENT
Assent is a legal document used to vest an interest in a specific estate into the beneficiaries of an estate or any third-party buyer by the executors or the administrators of the estate. It is always accompanied by a copy of a grant of probate or letter of administration.

JUDGEMENT OF COURT
The judgment of a court is another essential document which may affect or transfer an interest in a specific property from one person to another. In Nigeria, the legal interests in several properties have been transferred from one person to another through the decisions of various courts. When property ownership has been derived through litigation or any property has been subjected to a lawsuit, it is essential to examine the full decision of the court in respect of such property by obtaining a copy of the judgement.

In sum, buying real estate in Nigeria is a delicate process that requires the services of an experienced real estate lawyer. The titles of some property documents are so complicated, and a lawyer may be required to conduct due diligence in respect of such property. Furthermore, lawyers are required to prepare and review all the necessary documents. Under Nigerian law, no interest can be transferred in real estate without appropriate documentation.

culled from lexologydotcom
Re: Important Land Documents For Property Transactions In Nigeria by javaguru: 5:41am On May 03, 2021
my own no been complete oo
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 7:46am On May 03, 2021
The transfer of land ownership in Nigeria involves the process where the legal rights to land are actually transferred from one person to the next.

There are many methods by which property can be transferred in Nigeria. The most commons of these methods are by Sale, Gift, and Assent.

Many laws are governing the transfer of properties in Nigeria, specifically in Lagos State. Some of these laws include:

Land Use Act of 1978
Administration of Estate Law of Lagos State 2015
Land Registration Law of Lagos State 2015
Stamp Duties Law of Lagos State 2015
SALE OF LAND
The selling of landed properties involves the outright transfer of an interest in land from one person to the next.

There are statutory and ordinary conditions that must be fulfilled in the upon the sale of a property or order to pass a valid and clan title in the property. Some of these conditions include the followings:

When land is a family or perhaps community-owned land, it may not be appropriately transferred unless the approval of the principal members and head of the family or community is secured.
Regulations and town planning laws must be considered in purchasing a property, as the government decides the type of buildings that can be erected in a particular area.
Where litigation is pending in respect of a property, such a property may not be legitimately transferred to another buyer.
The sale of land often involved two main stages, which are actually the contract stage as well as the conveyancing stage.
When land or a property has been sold, the appropriate document transferring the title of the land and contract of sale stipulating some terms of the transactions must be drafted and signed by both parties.
Upon signing of any deed of assignment or conveyance, such property must be perfected. The perfection, also known as registration of property, involves three stages, namely, the governor's consent, stamping, and registration.
GIFT OF PROPERTY
Another method of transfer of land ownership is actually by gift. Unlike a sale, a gift of land requires no registration fees. All that is needed is the intention by the donor to make the gift, completed act of delivery to the recipient, and acceptance by the beneficiary. When an individual gets a gift, he or she must ensure there is a proof stating that the land was gifted to him or her. An appropriate document to be used for a gift is referred to as a Deed of Gift, which can be registered with a land bureau.

PROBATE
Probate is actually a process by which the assets of a deceased devolves into other persons through a valid Will or other means.

When a person dies with a valid Will, the executors listed in the will may seek to prove it and obtain probate, which grants all assets of the deceased to them. They become legal owners of the assets.

Additionally, when an individual dies intestate, then the property of the deceased will be distributed according to the relevant provisions of the law. The personal representatives of the dead will have the ability to apply as administrators and obtain a letter of administration in respect to the estate, which makes them legal owners.

The Executors or the Administrators of the estate can transfer ownership in the estate to any third party via an Assent.

LAND TRANSFER DOCUMENTS IN NIGERIA
There are various documents affecting landed properties in Nigeria. Some of these documents will be briefly explained below.

LAND PURCHASE RECEIPT
Usually, vendors issue a receipt to the buyer upon the sale of land. Nevertheless, the receipt may be obviated where the clause for receipt is contained in the document transferring the land.

CONTRACT OF SALE OF LAND
The contract of sale of land is used by parties to agree on some terms before the finalization of the transaction. It is relevant when any property is to be purchased by anyone. It is not a registrable instrument and must be preceded with other document transferring title in the applicable property.

SURVEY PLAN
A survey plan is used to show the extent and size of landed property. With the descriptions and coordinates on the survey document, it is easier to check or search from the office of the Surveyor-General whether the land is actually under any government acquisition or not.

DEED OF ASSIGNMENT
Deed of Assignment, also known as Deed of Conveyance, is some states is used in sales transactions to permanently transfer a landed property from the seller (also known as assignor) to the buyer (also refers to as assignee). It must be perfected upon signing.

CERTIFICATE OF OCCUPANCY (C of O)
C of O is usually issued by the state government, indicating that a person now owns a parcel of land. It is issued to individuals that have held a piece of land before 1979. State governments also give it to the allottees of government's land. An Individual who subsequently takes over land by way of sale does not require a new certificate of occupancy but rather a deed of assignment with the governor's consent.

DEED OF MORTGAGE
Deed of mortgage is actually used in mortgage transactions to show that land or property has been transferred from the mortgagor (borrower) to the mortgagee (lender). It is a temporary transfer in the sense that the mortgagor shall be entitled to retrieve this property back from the lender when the total loan amount, together with the accrued interest, has been paid.

DEED OF GIFT
This's a document that proves that real estate has been gifted from one person (donor) to another (donee). Such a form is used to transfer interest in a landed property permanently.

PROBATE
A grant of probate is a document derived after proving the will of a deceased person through inheritance. The document vests all the assets contained in the will into the executors of the estate, who now recognized legal owners in law. After the owner of any property has become late, all the property's documents of such person are no longer valid to transfer any interest in the assets left behind by the deceased. The Probate or Letter of Administration will now be the only recognized legal documents to effect a transfer of any interest in the property of the deceased.

LETTER OF ADMINISTRATION
The letter of administration also vests the assets left behind by a deceased person into the administrators of a specific estate. It is usually granted to the personal representatives of a deceased person where the deceased left no will before death or where the will has become invalid for any reason.

ASSENT
Assent is a legal document used to vest an interest in a specific estate into the beneficiaries of an estate or any third-party buyer by the executors or the administrators of the estate. It is always accompanied together with the grant of probate or letter of administrators.

JUDGEMENT OF COURT
The judgement of a court is another essential document which may affect or transfer an interest in a specific landed property from one person to the next. In Nigeria, the interest in several properties has been transferred from one person to another through the decisions of various courts. When property ownership has been derived through litigation or any property has been subjected to a lawsuit, it is crucial to examine the full decision of the court in respect of such property.

In sum, when someone wishes to buy a landed property or perhaps carry out any transaction on a property in Nigeria, it is crucial to carry out due diligence first to ascertain the genuineness or correctness of the property documents presented by the vendor.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 8:52pm On May 03, 2021
Real estate investing, even on a very small scale, remains a tried and true means of building an individual's cash flow and wealth"
~Robert Kiyosaki
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 3:10am On May 04, 2021
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Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 3:10am On May 04, 2021
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Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 11:24pm On May 04, 2021
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Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 2:40pm On May 05, 2021
“Ninety percent of all millionaires become so through owning real estate. More money has been made in real estate than in all industrial investments combined. The wise young man or wage earner of today invests his money in real estate.” - Andrew Carnegie, billionaire industrialist
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 2:12am On May 06, 2021
“Now, one thing I tell everyone is learn about real estate. Repeat after me: real estate provides the highest returns, the greatest values and the least risk.” - Armstrong Williams, entrepreneur
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 4:31pm On May 07, 2021
“Buy on the fringe and wait. Buy land near a growing city! Buy real estate when other people want to sell. Hold what you buy!” - John Jacob Astor, real estate and business mogul
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 5:41am On May 10, 2021
“Landlords grow rich in their sleep without working, risking or economizing.” - John Stuart Mill, political economist
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 7:36am On May 11, 2021
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 12:53pm On May 13, 2021
“I still think buying a home is the best investment any individual can make.” - John Paulson, billionaire
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 8:50am On May 15, 2021
“Ninety percent of all millionaires become so through owning real estate. More money has been made in real estate than in all industrial investments combined. The wise young man or wage earner of today invests his money in real estate.” - Andrew Carnegie, billionaire industrialist
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 2:21am On May 16, 2021
“Landlords grow rich in their sleep without working, risking or economizing.” - John Stuart Mill, political economist
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 8:04pm On May 18, 2021
“Every person who invests in well-selected real estate in a growing section of a prosperous community adopts the surest and safest method of becoming independent, for real estate is the basis of wealth.” - Theodore Roosevelt, U.S. president
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 11:13pm On May 26, 2021
“Now, one thing I tell everyone is learn about real estate. Repeat after me: real estate provides the highest returns, the greatest values and the least risk.” - Armstrong Williams, entrepreneur
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 2:33am On May 28, 2021
Real estate cannot be lost or stolen, nor can it be carried away. Purchased with common sense, paid for in full, and managed with reasonable care, it is about the safest investment in the world.” ~Franklin D. Roosevelt
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 11:18am On May 31, 2021
“I still think buying a home is the best investment any individual can make.” - John Paulson, billionaire
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 8:38am On Jun 04, 2021
“I still think buying a home is the best investment any individual can make.” - John Paulson, billionaire

“If you’re not going to put money in real estate, where else?” - Tamir Sapir, business mogul
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 8:38pm On Jun 08, 2021
“Now, one thing I tell everyone is learn about real estate. Repeat after me: real estate provides the highest returns, the greatest values and the least risk.” - Armstrong Williams, entrepreneur
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 11:52am On Jun 13, 2021
“Find out where the people are going and buy the land before they get there.” ~William Penn Adair
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 8:02am On Jun 19, 2021
“Ninety percent of all millionaires become so through owning real estate. More money has been made in real estate than in all industrial investments combined. The wise young man or wage earner of today invests his money in real estate.” - Andrew Carnegie, billionaire industrialist
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 11:47pm On Aug 16, 2021
“It is a comfortable feeling to know that you stand on your own ground. Land is about the only thing that can’t fly away.” - Anthony Trollope, novelist
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 6:09pm On Sep 19, 2021
“Real estate cannot be lost or stolen, nor can it be carried away. Purchased with common sense, paid for in full, and managed with reasonable care, it is about the safest investment in the world.” - Franklin D. Roosevelt, U.S. president
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 9:32pm On Sep 28, 2021
“If you’re not going to put money in real estate, where else?” - Tamir Sapir, business mogul
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 11:42pm On Oct 06, 2021
“It is a comfortable feeling to know that you stand on your own ground. Land is about the only thing that can’t fly away.” - Anthony Trollope, novelist
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 11:42pm On Oct 17, 2021
“Buy real estate in areas where the path exists and buy more real estate where there is no path, but you can create your own.” David Waronker.
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 10:20am On Oct 20, 2021
“It is a comfortable feeling to know that you stand on your own ground. Land is about the only thing that can’t fly away.” - Anthony Trollope, novelist
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 10:40am On Oct 22, 2021
“Now, one thing I tell everyone is learn about real estate. Repeat after me: real estate provides the highest returns, the greatest values and the least risk.” - Armstrong Williams, entrepreneur
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 9:22am On Oct 24, 2021
“If you don’t own a home, buy one. If you own a home, buy another one. If you own two homes, buy a third. And, lend your relatives the money to buy a home.”
John Paulson, investor and multi-billionaire
Re: Important Land Documents For Property Transactions In Nigeria by Viktoreze(m): 2:43pm On Oct 29, 2021
“Buy real estate in areas where the path exists and buy more real estate where there is no path, but you can create your own.” David Waronker.

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