Lagos Land Title Verification: Governor’s Consent, e‑Search & Common Pitfalls
Before you pay for land in Lagos, verify the title, boundaries, planning status and whether Governor’s Consent is required. This guide gives a step‑by‑step due‑diligence playbook—what to ask for, where to check and how to structure a safe closing.
- At a glance: what to verify
- Step 1 — Know your seller & initial documents
- Step 2 — Survey plan & charting (OSG Lagos)
- Step 3 — Lands Registry search (titles & encumbrances)
- Step 4 — Governor’s Consent: when & how
- Step 5 — Fees, taxes, stamping & registration
- Step 6 — Closing, escrow & possession
- Common red flags in fast‑growing corridors
- Buying from developers/off‑plan: extras
- Buyer checklist (printable)
- Quick FAQs
- Need help?
At a glance: what to verify
- Ownership & authority: is the seller the registered owner or properly authorised?
- Survey & boundaries: confirm coordinates and size on an authenticated survey plan.
- Charting status: check if land is under acquisition, excised, committed or free.
- Title documents: e.g., Certificate of Occupancy (C of O), Deed of Assignment, Deed of Sub‑Lease, Governor’s Consent, Gazette (for excision).
- Encumbrances: mortgages, cautions, court orders, prior sales, family disputes.
- Planning & use: zoning, setbacks, drainage, right‑of‑way and approvals for your intended use.
Step 1 — Know your seller & initial documents
- Identify the true owner: obtain a clear copy of the seller’s ID (or CAC documents if corporate). Where it’s family land, confirm accredited family representatives and minutes/resolutions authorising the sale.
- Request title pack: C of O / Registered Conveyance / Deed of Assignment or Sub‑Lease, Survey Plan (with coordinates), Receipts of purchase, Gazette page (if excision), any prior Governor’s Consent.
- Site inspection: visit physically with your surveyor, speak with adjoining owners and community representatives; check for possession issues or disputes.
Step 2 — Survey plan & charting (OSG Lagos)
Engage a licensed surveyor to authenticate the survey and conduct charting with the Office of the Surveyor‑General (OSG) of Lagos State. Charting reveals whether the coordinates fall into:
- Committed acquisition: dedicated to government project/infrastructure (do not buy).
- Global acquisition (yet to be excised): risky—requires careful legal strategy.
- Excised land (Gazetted): verify the exact Gazette description and layout.
- Free from acquisition: proceed to title/registry checks.
Step 3 — Lands Registry search (titles & encumbrances)
Search the Lagos State Lands Registry (Alausa) for:
- Registered title (C of O/Deed), registration details and folio/page numbers.
- Existing encumbrances: mortgages/charges, cautions/caveats, pending litigation, acquisition notices.
- Consistency of names, plot numbers, survey plan numbers and addresses.
Where available, perform an electronic search in addition to a physical file review, as older files may be partially digitised.
Step 4 — Governor’s Consent: when & how
Under Nigeria’s Land Use Act, most transfers of statutory rights of occupancy in Lagos require Governor’s Consent to be valid and registrable. For example, after a seller with a C of O assigns to you, your Deed of Assignment typically requires Governor’s Consent.
What to prepare
- Duly executed Deed of Assignment/Sub‑Lease, survey plan, site photographs.
- Seller and buyer IDs/CAC docs, tax clearance or required tax IDs.
- Evidence of payment of assessed fees.
Process outline
- Submit application with required forms and documents.
- Pay assessed fees; property may be charted again by government.
- Upon approval, obtain the consent endorsement—then proceed to stamp and register the instrument.
Step 5 — Fees, taxes, stamping & registration
- Consent/processing fees: payable to Lagos State upon assessment.
- Stamp duties: instrument stamping before registration.
- Capital Gains Tax (seller): often requested as part of consent processing compliance.
- Registration fees: payable at the Lands Registry to put your interest on record.
Step 6 — Closing, escrow & possession
- Use a conditional sale agreement: make completion conditional on satisfactory searches and consent in principle.
- Escrow: route funds through a lawyer’s client account or an escrow, with release milestones (execution, consent filing, registration).
- Handover: take vacant possession with signed handover/taking‑over notes; install beacons/fencing promptly.
Common red flags in fast‑growing corridors
- “Village excision” claims without a Gazette page/specification.
- Multiple Deeds to different buyers; inconsistent signatures or stamp impressions.
- Survey that doesn’t plot correctly on charting (moved beacons or altered coordinates).
- Sales by non‑authorised family members or “omo‑onile” without valid powers/resolutions.
- Right‑of‑way and drainage encroachments; Coastal Road or pipeline setbacks.
Buying from developers/off‑plan: extras
- Verify the developer’s root of title (e.g., C of O, Governor’s Consent) and estate layout approvals.
- Review allocation/assignment templates, service charge regime, and estate covenants.
- Stage‑payment protections: performance bonds, escrow milestones, long‑stop dates and refund triggers.
- Infrastructure delivery: roads, drainage, power—tie obligations to practical completion tests.
Buyer checklist (printable)
- Collect seller IDs/CAC docs and full title pack (C of O/Deed, survey, receipts, Gazette if excision).
- Authenticate the survey and obtain a charting report from OSG Lagos.
- Search the Lands Registry for title and encumbrances; do electronic + physical where possible.
- Confirm planning/zoning and setbacks for your intended use.
- Sign a conditional sale agreement; lodge for Governor’s Consent if required.
- Stamp and register the Deed promptly after consent; keep certified copies.
- Take possession with handover notes; beacon/fence the plot.
- Maintain a title file and calendar for renewals/ground rent (if applicable).
Quick FAQs
Is Governor’s Consent always required?
For most assignments or sub‑leases of statutory rights of occupancy in Lagos, consent is required before registration. Your lawyer will confirm based on your specific title and transaction.
How long does consent/registration take?
Timelines vary with workload and completeness. Build in buffer time and keep all receipts and acknowledgments.
What if a charting report shows “committed acquisition”?
Avoid the purchase. Where funds were paid on representations, seek contractual remedies immediately.
Need help?
This guide is for general information only and does not constitute legal advice. For title verification, consent processing or dispute resolution on a Lagos land purchase, our Real Estate team can help.
Manasseh Ehile & Co.