These three documents come up in virtually every Nigerian property transaction, yet many buyers cannot clearly explain what each one does or why it matters. Here is a plain-language breakdown.
1. Certificate of Occupancy (CofO): This is a legal document issued by the state government granting an individual or entity the right to occupy and use land, typically for a term of 99 years under the Land Use Act of 1978. It is the strongest form of title recognition in Nigeria. Without a CofO, you have no full legal backing over the land, and it could be revoked or seized by the government without compensation. Banks and mortgage lenders almost always require a CofO before granting property-backed financing. It is important to note that a CofO can be revoked by the Governor of a state for overriding public interest under Section 28 of the Land Use Act, which is why due diligence on the land’s status remains essential even when one exists.
2. Deed of Assignment: This is the document used to transfer ownership of land or property from one private party to another. It serves as proof that the property has been legally sold and that ownership has changed hands. For it to carry full legal weight, it must be properly executed, stamped, and registered at the Land Registry. Critically, a Deed of Assignment alone does not mean the government has approved that land for you. You still need Governor’s Consent to officially validate the transfer under the Land Use Act.
3. Survey Plan: A survey plan is a technical document prepared by a licensed surveyor that defines the precise boundaries, measurements, and location of a piece of land. Without a survey plan, title documents such as a Deed of Assignment become invalid or incomplete, as the survey plan is the reference point that specifies the area and location covered by such documents. A survey plan on its own cannot give you title to land, but it is an indispensable foundation for obtaining a CofO and for resolving any boundary disputes.
In summary: the CofO is government-recognised title. The Deed of Assignment transfers private ownership. The Survey Plan defines and protects the physical boundaries. You need all three working together for a transaction that is legally complete and properly protected.
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