Purchasing or leasing real property in Nigeria represents a significant financial commitment. The legal maxim caveat emptor (let the buyer beware) remains fundamentally applicable to real property transactions under Nigerian land law.
The Investigation of Title
An effective property transaction begins with a comprehensive root-of-title investigation. Legal counsel must inspect the original instruments of transfer, tracing ownership back at least thirty years or to a verified state grant or community layout.
Land Registry Searches
Physical and electronic registry searches at the relevant State Land Registry (such as Oyo State Ministry of Lands, Housing and Urban Development or the Lagos State Lands Bureau) must be conducted to establish whether the property is subject to mortgages, encumbrances, lis pendens, or government acquisition.
Statutory Governor’s Consent
Under Section 22 of the Land Use Act 1978, the consent of the State Governor is mandatory for any alienation of a right of occupancy. Transactions completed without verifying the feasibility of obtaining this consent risk invalidation under established judicial precedent.