Governor’s Consent, C of O and Deed of Assignment: Life-changing Title Documents Every Lagos Buyer Must Verify
Ask a Lagos property lawyer about the disputes they handle, and most will tell you the same thing: the problems almost always trace back to documents. A missing Governor’s Consent, a forged certificate, a survey plan that doesn’t match the land. In each case, a buyer paid first and checked later.
The good news is that these documents are not as complicated as they sound. Once you understand what a Certificate of Occupancy, a Deed of Assignment and Governor’s Consent each do, you’ll know exactly what to ask for and why it matters.
The Background: The Land Use Act
To understand Lagos property documents, start with the Land Use Act of 1978. Under this law, land in each state is vested in the State Governor, who holds it in trust for the people.
In practical terms, this means you don’t own land outright in the way people do in some other countries. Instead, you hold a right of occupancy, typically for a long term. Every key document in a Lagos property transaction flows from this principle, and it is also why Governor’s Consent exists: because the state holds the land, the state must approve its transfer.
Certificate of Occupancy (C of O)
A Certificate of Occupancy is the state government’s official grant of the right to occupy and use a piece of land. It is issued to the first registered holder of that right.
A genuine C of O is strong evidence of title. However, it is important to understand what it does and doesn’t do. When the holder later sells the property, the buyer does not receive a new C of O. Instead, the transfer is completed through Governor’s Consent, which we’ll cover next.
Consequently, if a seller offers you a C of O in someone else’s name without any consent documents, ask how they came to own the property.
What Is Governor’s Consent?
Under Section 22 of the Land Use Act, a holder of a statutory right of occupancy cannot transfer it without the consent of the Governor. Governor’s Consent is that approval.
When you buy a property that already has a C of O, an application is made for consent to the transfer. Although the law places this duty on the seller, in practice the buyer usually applies for Governor’s Consent, through their lawyer. Once granted, it confirms that the state recognises you as the new holder.
Without Governor’s Consent, the transaction is incomplete in the eyes of the law. As a result, buyers who skip it may find that their ownership is difficult to defend. They may also struggle to sell the property or use it as collateral later.
How Governor’s Consent Is Obtained in Lagos
The process runs through the Lagos State Lands Bureau and typically follows these stages:
- Application. Your lawyer submits the application on the prescribed form, together with the supporting documents.
- Assessment. Lands Bureau officials assess the property to determine the fees payable.
- Payment. The assessed fees are paid and receipts are submitted.
- Endorsement. Consent is endorsed on the Deed of Assignment.
- Stamping and registration. The deed is stamped and then registered at the Lands Registry.
Together, these steps are known as perfecting your title. This overview of the title registration procedure in Nigeria explains each stage in more detail. Because the fees form a significant part of your budget, see our breakdown of the cost of buying property in Lagos.
Deed of Assignment
A Deed of Assignment is the agreement in which the seller (the assignor) transfers their interest in the property to you (the assignee). It sets out the parties, the property, the price and the terms of the transfer.
This document should be prepared by a lawyer and signed by both parties. It is then stamped and registered after Governor’s Consent is obtained. A Deed of Assignment that has not been perfected through consent and registration leaves the buyer exposed.
Survey Plan
A survey plan shows the exact boundaries, size and location of a piece of land, prepared by a registered surveyor. It should match the land you are actually buying.
In addition, your lawyer or surveyor should conduct a charting at the Office of the Surveyor-General of Lagos State. This confirms whether the land falls within any area under government acquisition or reserved for public use. Buying land under acquisition can lead to demolition or loss of the property.
Other Documents You May Encounter
Depending on the property, you may also see:
- Building or planning permit: approval from the relevant Lagos State planning authority confirming the building was approved. This matters because unapproved structures can face enforcement.
- Contract of sale: sometimes used before the Deed of Assignment to agree terms.
- Receipts and evidence of previous payments: useful for tracing the history of ownership.
- Excision or gazette: more common for communal land outside Lagos Island, confirming land has been released from government acquisition to a community.
How to Verify Documents Properly
Seeing a document is not the same as verifying it. Forged certificates and altered survey plans do circulate. To protect yourself:
- Conduct a search at the Lagos State Land Registry. This confirms whether the title is registered, who holds it and whether there are encumbrances such as mortgages.
- Chart the survey plan with the Office of the Surveyor-General.
- Inspect original documents, not photocopies.
- Confirm the seller’s identity matches the name on the title or the chain of documents.
- Let your own lawyer handle it, never the seller’s lawyer alone.
Forged documents are among the most common warning signs covered in our guide to real estate fraud in Lagos.
Common Scenarios and What They Mean
- The seller has a C of O in their own name. This is usually a strong position, provided the search confirms it is genuine and unencumbered.
- The seller bought the property but never obtained Governor’s Consent. This is common. It can often be regularised, but there may be additional costs and delays. Your lawyer should advise before you proceed.
- The seller has only a receipt or an unregistered agreement. Treat this with great caution. Title may be weak or disputed.
Frequently Asked Questions
Is a C of O better than Governor’s Consent?
They serve different purposes. A C of O is the original grant, while Governor’s Consent approves a later transfer. For a property that has changed hands, consent is what confirms your ownership.
Who applies for Governor’s Consent, the buyer or the seller?
The law places the duty on the seller, but in practice the buyer usually applies through their lawyer. Clarify responsibility for the application and fees in your contract.
How long does Governor’s Consent take?
Processing times vary. It often takes several months, so ask your lawyer for a realistic timeline.
Can I buy a property without a C of O?
Some properties are sold with other forms of title. Whether that is acceptable depends on the specific documents and their history, so your lawyer’s advice is essential.
The Bottom Line
Title documents are not a formality. They are the foundation of your ownership. Before paying anything beyond a refundable deposit, make sure your own lawyer has searched, charted and verified every document, and has a clear plan for obtaining Governor’s Consent. If you’re buying from outside Nigeria, our guide for diaspora buyers explains how to manage this remotely. If you’re considering a property on Lagos Island, our team at Arab Space Realty Ltd. works with clients and their lawyers to make document checks straightforward.
