Deed of Assignment in Nigeria: What Diaspora Property Buyers Need to Know (2026)

A Deed of Assignment is the legal document that transfers a seller's interest in land to a buyer in Nigeria, and it is the single most important document you receive when you buy property. It does not by itself give you perfect title. It only becomes fully effective once it has been taken through Governor's consent, stamping, and registration. For diaspora buyers paying from abroad, understanding this document is the difference between owning land and holding a piece of paper that a court will not enforce.

This article answers the questions buyers most often ask about the Deed of Assignment, with the relevant law.

What is a Deed of Assignment in Nigeria?

A Deed of Assignment is a written instrument by which a property owner, called the assignor, transfers the unexpired residue of their interest in land to a buyer, called the assignee. It records the parties, the property, the consideration paid, and the transfer of rights. It is the document that actually moves ownership from the seller to you, which is why a receipt or a sale agreement alone is never enough.

Is a Deed of Assignment the same as a Certificate of Occupancy?

No, a Deed of Assignment and a Certificate of Occupancy are different documents that do different jobs. A Certificate of Occupancy (C of O) is evidence of a right of occupancy granted by the state Governor under the Land Use Act 1978, usually for a term of up to 99 years. A Deed of Assignment is the instrument that transfers an existing interest from one private party to another. You can hold a Deed of Assignment for land that sits under a C of O, and the deed transfers the seller's rights under that C of O to you.

Why does a Deed of Assignment need the Governor's consent?

A Deed of Assignment needs the Governor's consent because Section 22 of the Land Use Act 1978 makes it unlawful to transfer a right of occupancy without the Governor's consent first obtained. The Supreme Court confirmed in Savannah Bank v Ajilo (1989) 1 NWLR (Pt. 97) 305 that a transfer made without consent is invalid. In practice the court treats the sale in two stages: the contract of sale, which does not need consent, and the assignment that vests the legal estate, which does. Until consent is granted, your deed is described as inchoate, meaning incomplete.

Does the Deed of Assignment have to be stamped?

Yes, a Deed of Assignment must be stamped at the relevant stamp duty office before it can be registered. Stamping is required under the Stamp Duties Act, and an unstamped instrument is generally inadmissible as evidence in court. Stamp duty is assessed as a percentage of the consideration or the assessed value of the property, so the cost rises with the price of the land. Stamping should be done promptly after execution to avoid penalties for late stamping.

Does the Deed of Assignment have to be registered?

Yes, a Deed of Assignment is a registrable instrument and must be registered at the state Land Registry. Registration is governed by the state Land Instruments Registration Law, and an unregistered registrable instrument cannot be pleaded to prove title, although it may be used to show an equitable interest. Registration also puts the world on notice that you hold the land, which protects you against a later buyer of the same property. In Lagos this is done through the Lands Bureau and its digital records system.

What is the difference between a Deed of Assignment and Governor's consent?

The Deed of Assignment is the document you and the seller sign, while Governor's consent is the official approval that makes that transfer valid. People sometimes treat "getting the Governor's consent" and "perfecting the title" as one step, because consent, stamping, and registration are usually processed together as the perfection of title. The deed creates the transfer on paper; consent, stamping, and registration give it full legal force.

How much does it cost to perfect a Deed of Assignment?

Perfecting a Deed of Assignment costs a combination of the Governor's consent fee, stamp duty, and registration fee, each calculated as a percentage of the property value. The exact rates are set by each state and are revised from time to time, so the total varies by state and by the assessed value of the property. Because these schedules change, confirm the current consent, stamp duty, and registration rates with the relevant state Lands Bureau or a property lawyer before you budget for closing.

What happens if you never perfect your Deed of Assignment?

If you never perfect your Deed of Assignment, you hold an incomplete title that is weak against third parties and hard to enforce in court. You may struggle to use the land as security for a loan, to resell it cleanly, or to defend it against a competing claim. Many diaspora disputes start here, with a buyer who paid in full years ago but never completed consent and registration, only to find the seller or the seller's family selling the same land again.

What documents should accompany a Deed of Assignment?

A Deed of Assignment should be accompanied by the seller's root of title, the survey plan, and evidence that the land is free from government acquisition. The root of title is usually the C of O or a prior registered deed tracing back to a lawful origin. The survey plan, charted at the Surveyor-General's office, confirms the land is not under acquisition. Together these documents let your lawyer confirm the seller actually owns what they are assigning to you.

Bektu was built to bring this kind of documentation into the open, so buyers abroad can check whether a deed is backed by a genuine, perfected title rather than taking it on trust.