Property state of mind.

UNDERSTANDING THE VARIOUS LAND TITLE DOCUMENTS IN NIGERIA

AND THEIR APPLICABILITY.
The administration of land in Nigeria is governed by the Land Use Act of 1978. It
is quite necessary to understand the different types of land title documents in
Nigeria and how each applies as per transaction and jurisdiction. The landed
transaction involved or the kind of transfer envisaged by parties and the location
of the land will help to determine the type of title document to be prepared by the
lawyer. The different types of title documents and their applicability are discussed
below:
1. Certificate of Occupancy.
By virtue of section 1 of the Land Use Act 1978, all lands comprised in the
territory of each state in Nigeria is vested in the governor of that state who holds
it in trust and administers it for the use and common benefits of all Nigerians. The
governor is empowered by section 5 of the Land Use Act 1978 to grant statutory
rights of occupancy to any person for all purposes. The grant of statutory right of
occupancy by the governor is evidenced by issuance of Certificate of Occupancy
by virtue of section 9 of the Land Use Act 1978. Certificate of Occupancy issued
by the governor over land usually does not exceed ninety-nine years. Certificate
of occupancy is issued by the governor to a person for possession, occupation
and use of the said land for a period not exceeding ninety-nine years. Certificate
of occupancy is likely the highest land title document in Nigeria. Application for
certificate of occupancy is usually made to the governor of the state where the
land is located through the state’s ministry of land. When can one apply for
certificate of occupancy? You can apply for certificate of occupancy in the
following circumstances:
a. Where you are in occupation of land under customary right of occupancy
or deemed right of occupancy.
b. Where you are entitled to statutory right of occupancy.
c. Where you acquire a land under statutory right of occupancy or deemed
right of occupancy. This is where your title is evidenced by a Deed of
Conveyance.
Certificate of occupancy usually contains terms and conditions which are
enforceable against the holder and his successors-in title.
 2. Deed of Assignment.
Deed of Assignment is a title document which seeks to transfer and assign the
unexpired term in a landed property. The deed is evidence of transfer of all
unexpired interests in land from one person to another. Deed of Assignment is
only required where there is a prior grant of certificate of occupancy over the
property sought to be transferred. Most lawyers often make mistakes as to when
to prepare a Deed of Assignment and when to prepare a Deed of Conveyance. It
is very important to know when to prepare a Deed of Assignment. A deed of
Assignment is a registrable instrument. It must be stamped, registered at the
ministry of lands where the governor’s consent must first be sought and obtained.
3. Deed of Conveyance.
Deed of Conveyance is a legal document showing that the owner of a piece of
land or landed property has transferred or conveyed his rights and ownership
over that piece of land or landed property to another person. A Deed of
Conveyance is usually prepared on a landed property that has a deemed
customary right of occupancy for which a certificate of occupancy has never
been issued. Upon execution of the Deed of Conveyance, the Purchaser
proceeds to pay stamp duty, apply for uploading of the survey plan at the survey
department and apply for certificate of occupancy.
4. Power of Attorney.
Generally, a Power of Attorney is a legal document that gives one person known
as a lawful attorney to act on behalf of another person. In relation to landed
property and title, Power of Attorney is given by the owner of the land to the
buyer appointing the buyer as lawful attorney of the land and giving him power to
do whatever he wishes with the landed property including selling same to himself
or to others and keeping the proceeds of sale. This type of Power of Attorney is
made irrevocable with valuable consideration. In some jurisdictions like Akwa
Ibom State, Power of Attorney is used instead of a Deed of Conveyance.
5. Deed of Gift or Grant.
A Deed of Gift or Grant is a legal document of transfer of ownership and property
interests from one person called the Donor to another person called the Donee. It
is usually done without any monetary compensation or payment. Love, affection,
satisfaction and family relationship are sufficient consideration for a Deed of Gift
or Grant. It must be executed during the lifetime of the Donor.
 6. Contract or Agreement for Sale.
This is used by parties to agree on all or some terms before the final stage of
land transaction is reached. Although this document does not translate into a title
document, it operates as a receipt and evidence that parties have transacted. It
may be the subject of specific performance against the defaulting party to be
compelled to complete the landed transaction.
7. Deed of Mortgage.
Mortgage is a transfer of interests in landed property as security for the discharge
of a debt or the performance of an obligation subject to redemption. There are
two types of mortgages legal and equitable mortgage. It is only a legal mortgage
that operates a title document. A legal mortgage transfers the title and property
interest of a mortgagor to a mortgagee in consideration of loan advancement.
8. Probates/Letters of Administration.
This is a title document that vests property left behind by a deceased person on
the executors of the Will or personal representatives of the particular landed
estate of the deceased.

While it is good to know the different types of landed property title document, it is
more important to know which one to use for each particular landed transaction.
A lot of people wrongly apply these title documents.

Living Sokarite Davies is a property advisor who writes from Lekki Lagos/Port
Harcourt.