Nigerian Property Titles Explained: C of O, Right of Occupancy, and Governor's Consent

A genuine C of O is registered at the state lands registry and carries a registration number, the survey details of the plot, and the governor's grant. For a buyer, a property backed by a registered C of O is the cleanest starting point, because the title originates from the state itself rather than from a chain of private transfers.

Right of Occupancy: statutory versus customary

The Act creates two kinds of right of occupancy. A statutory right of occupancy is granted by the governor over urban land, under Section 5 of the Act, and the C of O is its evidence. A customary right of occupancy is granted by the relevant local government over non-urban or rural land, under Section 6, typically for agricultural or residential use within community land.

The practical difference matters. A statutory right, evidenced by a C of O, is the gold standard for city property. A customary right is weaker for resale and financing, and is more exposed to community and family land disputes. In fast-growing peri-urban corridors, much of the land sold cheaply to diaspora buyers is customary or held under family title that has not yet been formally converted, which is where many problems begin.

Governor's consent: the step most buyers underestimate

Here is the trap. Buying a property that already has a C of O does not, by itself, transfer good title to you. Section 22 of the Land Use Act makes it unlawful for the holder of a statutory right of occupancy to alienate that right, by assignment, mortgage, transfer of possession, or sublease, without the consent of the governor first had and obtained.

In plain terms: when the original C of O holder sells to you, the sale needs the governor's consent to be valid. A transfer done without it is, under the Act, void. This applies to every subsequent sale, which is why a single plot can carry a C of O to the first owner and then require fresh governor's consent on each resale down the line.

Governor's consent is therefore not a bureaucratic afterthought. It is the act that perfects your ownership. The deed of assignment you sign with the seller is only the contract; the consent, stamping, and registration are what make you the recognised holder of the right of occupancy. Buyers who skip perfection to save time and money are the ones who cannot prove title years later when they try to sell or pass the property on.

Deed of Assignment, survey plan, and the perfection chain

A complete, perfected purchase usually runs through this chain of documents: a contract or sale agreement, a Deed of Assignment transferring the seller's interest, a registered survey plan tying the document to the actual coordinates of the plot, governor's consent on the assignment, payment of stamp duty, and final registration at the lands registry. In Lagos, the capital gains tax receipt under the Nigeria Tax Act 2025 now has to be attached to the governor's consent application file, linking the tax and the title in one process.

Missing any link weakens the title. A Deed of Assignment with no governor's consent is unperfected. A survey plan that does not match the physical land is a red flag for a double sale or a wrong plot.

What this means for foreign buyers specifically

Because the governor controls all land, foreign nationals need the governor's approval to acquire it, and several states cap the term. Under the Acquisition of Lands by Aliens Law in Lagos State, a non-Nigerian may acquire land subject to the governor's approval, and the term granted will not exceed 25 years including any renewal. Nigerians in the diaspora who retain their citizenship are not treated as aliens and acquire on the same basis as resident citizens, holding the full right of occupancy rather than the capped alien term.

How to actually verify a title

Do not rely on the documents a seller shows you. Have a lawyer conduct a search directly at the state lands registry to confirm the C of O or right of occupancy is genuine, registered, and free of encumbrances such as mortgages or court injunctions, and to confirm the seller is the registered holder. Confirm the survey plan against the registry's records and the physical site. Reject photocopies and "documents in process" as proof of ownership.

Verifying the title is only half the picture when you are buying from a developer rather than a private seller, because then you also need to know whether the company actually delivers what it sells. Bektu (https://bektu.com) tracks developer delivery history so buyers can check a company's record before committing, which is particularly useful when you are abroad and relying on others to inspect on your behalf.

The bottom line

You are buying a right of occupancy, not freehold. A registered Certificate of Occupancy is the strongest title, a statutory right of occupancy beats a customary one for city property, and governor's consent under Section 22 is the step that actually perfects your ownership on every sale. Treat perfection as part of the purchase, not an optional extra, and verify every document at the registry before any money moves.