27/10/2022
UNDERSTANDING LAND DOCUMENTS
In the past, lands belong to indigenous families who have lived on them but the passage of time and the introduction of the Land Use Act of 1978 has brought about a massive change. The Land Use Act states that all urban land within a state is given to the governor to hold on behalf of the people, and as a result, the governor is responsible for allocating land in these areas to individuals or organizations for residential, agricultural, and commercial purposes.
There are various land documents to consider when buying or selling land. The applicable document for such a property sale will be determined by the type of the property's ownership. These documents will establish the legitimacy of the land ownership claim.
Here are types of land documents.
Deed of Assigment:
A Deed of Assignment is a legal document that records a land sale and transfers interest and title in real property from one party to another, beginning from the date specified in the document. The deed will usually contain a specific description of the property and the amount that it is sold.
Features of Deed of Assignment
Every deed of assignment must contain certain information, which includes the followings:
• The names of the parties to the agreement
• The address of both parties.
• The history of the land in question. Such history may include how it was first obtained down to the moment it’s about to be sold.
• The agreed cost of the land and the willingness of the seller to finally accept that price paid for the land
• The description and size of the land to be transferred
• The covenants or promises both parties choose to undertake to perfect the transfer of the document
• The signature of the parties to the assignment and witnesses to the transaction
• Finally, the section for the Governor’s Consent that must be signed by the Governor or any government official designated by Governor for such purpose in the course of registration of the deed.
Deed of Conveyance
‘Conveyance’ refers to the act of transferring the title, ownership, rights and interests in a property, from one entity to another. The term ‘deed’ refers to an instrument, like a written document that is signed by all the parties to a contract, in this case, the seller and buyer. So, what is conveyance deed? Conveyance deed is a binding contract that is enforceable in a court of law. The deed of conveyance meaning, therefore, is a contract in which, the seller transfers all rights to the legal owner. The purchase of a property is not complete without a valid conveyance deed.
The deed of conveyance in Nigeria also comprises the same information as a deed of assignment; there is no significant difference between the two. The state within Nigeria where the property is being transacted usually determines whether the deed of the assignment will be the appropriate property transfer agreement to be drafted or deed of conveyance. The deed gives a specific description of the property that is included in the transfer of ownership, consideration and other covenants between parties.
Contents of conveyance deed
• The actual demarcation of the property.
• Other rights annexed to the property and its use.
• The full chain of titles, that is, all legal rights up to the present seller.
• The method of delivery of the property to the buyer.
• A memo of the consideration, stating how it has been received.
• Any further applicable terms and conditions for the full transfer of ownership rights.
• Power of attorney, if used.
• Memo about the property ownership.
• Signatures of both parties.
Important things about conveyance deed
• The seller is required to certify that the property is free of any legal encumbrance.
• If a loan was taken against the property in question, then, the mortgage must be cleared before the conveyance deed is signed. Buyers have the option of having the conveyance deed checked at the local sub-registrar’s office.
• The conveyance deed should state the exact date on which the property will be handed over to the buyer.
• Within four months of the ex*****on of the deed of conveyance, all the original documents related to the sale of the property, need to be produced for registration before the local registrar.
• The deed of conveyance is required to be signed by at least two witnesses.
CERTIFICATE OF OCCPANCY:
It is an officially recognized land document that allows you to exert some control over your land while still allowing you to enjoy and use it. It is a document issued by the state or federal government that grants 99-year leases to landowners. It is one of Nigeria's most widely used property documents or titles.
Characteristics of the Certificate of Occupancy
C of O’s are issued to the land which has first been registered with the Surveyor-General of the State or the Federation when the land is Federal land. An important part of charting the ground is determining if it is free of government acquisitions.
Here are some of the things found on the C of O:
• Certificate of Occupancy number
• File number
• Plot number
• Location details
• Plot size
• Survey plan or graphic (plot shape)
• Date of issue
• Lease term
• Initial annual ground rent fees
• Land use purpose
• Terms and conditions
GOVERNORS CONSENT:
Unlike a C of O, which is a document produced by the government and personally signed by the governor conferring the right of occupancy to the holder for 99 years, Governor's Consent is an appendix to a deed of assignment that is submitted by the assignee to the government informing the government that a transaction has occurred and they require the Governor's consent for the transaction to proceed.
For if a person with a C of O intends to sell land to another person, the government must approve the transaction before it can be completed. This process is repeated each time the property is sold to a new owner.
SURVEY PLAN:
This document contains land boundary measurements for accurate land measurement and description. Surveyors are in charge of this document, which is governed by the Surveyor-General.
EXCISION DOCUMENT:
Where land is under acquisition, the process whereby the government releases a portion and is considered free is called excision. Excision properly spelled in a gazette will form a good document for one to be certain that land is not under acquisition.
GRANT OF PROBATE:
Only the Executor mentioned in the Will receives a Grant of Probate. In the probate procedure, the Executor collects assets and distributes them to the beneficiaries. Because the dead named the Executor in his Will, the beneficiaries are unable to replace him.
LETTERS OF ADMINISTRATION:
Letters of Administration are similar to a Grant of Probate but are issued instead to the next of kin of an individual who dies without a Will. You have not designated a specific person as your Executor to administer your estate if you have not made a Will. As a result, the law establishes a list of individuals who are eligible to apply for Letters of Administration.
At Johncross Onwurah and Associates, our team of professionals is ready to advise and assist you when it comes to owning or selling property in Nigeria and providing the necessary documents you would need.
