TITLE DOCUMENTS IN NIGERIA by Anthony O. Anyakora

TITLE DOCUMENTS IN NIGERIA By Anthony O. Anyakora 

“Quicquid plantatur solo, solo cedit.”- Latin maxim

Title documents are usually documents that confers ownership rights over lands and properties on individuals, corporate bodies or communities.
These documents includes:

-Certificate of Occupancy (C of O)
-Excision & Gazette
-Right of Occupancy (R of O)
-Deed of Mortgage
-Deed of Conveyance
-Deed of Assignment
-Contract of Sale
-Survey plan


CERTIFICATE OF OCCUPANCY (C of O): A Certificate of Occupancy is an authorized document issued by the state government. It is issued to individual corporate bodies to confer ownership and right of occupancy in land for all purposes for a term not exceeding 99years subject to renewal.
The certificate of occupancy is only issued once; to the first person to own/purchase a “virgin land” and who goes further to perfect their title.

EXCISION & GAZETTE: Excision basically means the government releasing a parcel of land that has been under global acquisition in the past. Families or individuals interested in such land can process a government approved excision, and documentation for the land can be processed up to obtaining a Governor’s consent.

Gazette is an official record book that spells out all details of an expanse of land that has been excised and given back to the community. The details include the name of the community and details of the expanse of land given excision. The excision document is usually forwarded to the Surveyor General’s office for the land to be gazette.

RIGHT OF OCCUPANCY: This was introduced by the Land Use Act of 1978. This gives a person the right to use and occupy a piece of land in accordance with the Land Use Act provisions. This does not in any way mean they have claims as owners to the land. The right is normally granted by the Governor of the State where the land is located and the minister, in case of land under the control and management of the Federal Capital Territory (FCT).

DEED OF CONVEYANCE: Section 2(1) of the Property and Conveyancing Law 1959 states, “A Conveyance is a mortgage, charge, lease, assent, vesting declaration and every other instrument except a will.”
Conveyancing is the process by which ownership of land is transferred between a seller and a buyer

DEED OF ASSIGNMENT: This is a legal document given to a buyer after the conclusion of a land/property transaction. A Deed of Assignment is basically a written agreement between the seller (Assignor) and the buyer (Assignee). It is where the Assignor states the details of the transaction with the Assignee as well as other covenants.

DEED OF MORTGAGE: A mortgage is the transfer of interest in land as security for the discharge of a debt or the performance of an obligation subject to redemption.
The common types of mortgage transaction are legal and equitable mortgage.

-Legal mortgage is a type of mortgage which transfers the legal interest one has/owns in land, whether freehold or leasehold in consideration for loan advancement. It is usually created by a deed in accordance with covenants of the mortgage contract or by use of a statutory form resulting to perfecting of instrument by which it is created.

-Equitable mortgage is a type of mortgage that transfers merely an equitable interest in land or some other properties to the mortgagee.
This agreement is created on the rules of equity. Hence, a mere deposit of title deed in exchange of a mortgage loan without a written agreement is an equitable mortgage.

CONTRACT OF SALE: It is a legal document stating the exact terms and conditions of a property related transaction. These explicit terms may be in respect of the payment schedule for the property, the obligations of all parties to the transaction as well as certain covenants and clauses.

A Contract of Sale is mostly applicable where the purchase of a property is paid in installments or where the subject property is purchased within an estate. In this instance, the Contract of Sale would state clearly levies and fees incidental to the purchase.

SURVEY PLAN: This is a document that reveals the true ownership status in any land and property transactions. It also helps to reveal if such land is not under any government committed lands.
Whatever tittle document that is presented during any land/landed property transaction by the parties; It is compulsory for the parties involved in the transaction to obtain the Governor’s consent as well as have the documents duly registered with the appropriate government agency after completion of the transaction to make it legally binding on all parties involved in the transaction.



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