how to get deed of assignment in nigeria

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DEED OF ASSIGNMENT: EVERYTHING YOU NEED TO KNOW.

A Deed of Assignment refers to a legal document in which an assignor states his willingness to assign the ownership of his property to the assignee. The Deed of Assignment is required to effect a transfer of property and to show the legal right to possess it. It is always a subject of debate whether Deed of Assignment is a contract; a Deed of Assignment is actually a contract where the owner (the “assignor”) transfers ownership over certain property to another person (the “assignee”) by way of assignment. As a result of the assignment, the assignee steps into the shoes of the assignor and assumes all the rights and obligations pertaining to the property.

In Nigeria, a Deed of Assignment is one of the legal documents that transfer authentic legal ownership in a property. There are several other documents like a deed of gifts, Assent, etc. However, this article focuses on the deed of assignment.

It is the written proof of ownership that stipulates the kind of rights or interests being transferred to the buyer which is a legal interest.

Read Also: DIFFERENCE BETWEEN TRANSFER OF PROPERTY THROUGH WILLS AND DEED OF GIFT

CONTENTS OF A DEED OF ASSIGNMENT

Content of a Deed of Assignment matters a lot to the transaction and special skill is needed for a hitch-free transaction. The contents of a deed of assignment can be divided into 3 namely; the introductory part, the second (usually the operative part), and the concluding part.

• THE INTRODUCTORY PART: This part enumerates the preliminary matters such as the commencement date, parties in the transaction, and recitals. The parties mentioned in the deed must be legal persons which can consist of natural persons and entities with corporate personality, the name, address, and status of the parties must be included. The proper descriptions of the parties are the assignor (seller) and assignee (buyer). The Recitals give the material facts constituting the background to the current transaction in chronological order.
• THE SECOND PART (USUALLY THE OPERATIVE PART): This is the part where the interest or title in the property is actually transferred from the assignor to the assignee. It is more like the engine room of the deed of assignment. The operative part usually starts with testatum and it provides for other important clauses such as the consideration (price) of the property, the accepted receipt by the assignor, the description of the property, and the terms and conditions of the transaction.
• The testimonium : this shows that all the parties are involved in the execution of the deed.
• Execution : this means signing. The capacity of the parties (either individual, corporate bodies, illiterates) is of great essence in the mode of execution.  It is important to note that the type of parties involved determines how they will sign. Example 2 directors or a director/secretary will sign if a company is involved. In the same way, if an association, couple, individual, illiterate, family land (omonile), firm, unregistered association, etc. is involved the format of signature would be different.
• Attestation : this refers to the witnessing of the execution of the deed by witnesses.

For a Deed of Assignment to be effective, it must include a column for the Governor of the state or a representative of the Government where the property is, to sign/consent to the transaction. By virtue of Sec. 22 of the Land Use Act, and Sec. 10 Land Instrument Registration Law, the Governor must consent to the transaction.

Do you have any further questions? feel free to call Ibejulekkilawyer on 08034869295 or send a mail to [email protected] and we shall respond accordingly.

Disclaimer: The above is for information purposes only and should not be construed as legal advice. Ibejulekkilawyer.com (blog) shall not be liable to any person(s) for any damage or liability arising whatsoever following the reliance of the information contained herein. Consult us or your legal practitioner for legal advice.

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Milton and Cross

Commercial Solicitors

3 Important things you need to know about Deeds of Assignment in Nigeria

Deeds of assignment are an important part of any land transaction in Nigeria. It acts as the main record of the transaction between the Seller and the Buyer. The Deed of Assignment transfers legal ownership of the property to the Buyer. This is distinct from a Contract of Sale, which merely transfers equitable ownership to the buyer.

Where a seller delivers a Deed of Assignment to the Buyer, the law assumes that the purchase price has been paid, and other necessary conditions have been fulfilled by the parties. The Seller cannot later say that he did not receive the purchase price.

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Key elements of A Deed of Assignment

T he property’s legal owner must sign the deeds of assignment.

A Deed of Assignment of Land must be executed by the Legal Owner of the property. Legal title is the actual ownership of the property. Legal title grants true ownership of the property, along with the bundle of rights that comes with land ownership.

A simple search at your state lands registry can help you identify the title holder. We recommend that you do this search as part of your due diligence process. This saves you stress in the future.

To register your title, you must have filed an application for Governor’s Consent with your State Lands Registry. In some situations, a seller may be eligible to apply for a Certificate of Occupancy.

Where a seller has not registered his title with the State Government, he/she can only transfer equitable title to the property. This means that the Legal title still resides in the last person who registered their title with the state.

A Rule of Thumb: If the seller is not the registered title holder, they cannot sign the Deed of Assignment

You must do your due diligence beforehand

Generally, the law expects a buyer to physically inspect the property he wants to purchase. He should also verify the title documents. A seller can only transfer his/her rights to the buyer. This means that if there are any limitations to their rights, those limitations will be passed on to the buyer. This can be quite infuriating.

This process should tell you whether you are buying the land from the right person, if there is any encumbrance on the land (such as an unpaid mortgage) or whether the land is suitable for your purposes. Facts discovered during the search process may affect your negotiations with the seller.

Recitals are Important

Recitals can make or break your Deeds of Assignment. This is because the root of title has to be clearly outlined and traceable within the recital. You must always ensure that there are no gaps in the chain of title between past owners of that property and the seller. Furthermore, any errors in your recital may lead to lengthy and costly litigation in the future. You could also experience immense frustration when trying to register your title with the government.

There is a widely-held perception that the recitals are legally inconsequential, since their role is fundamentally ‘scene-setting’ in nature and they do not automatically form part of the operative, legally binding agreement between the contracting parties. However, when a dispute arises and a court or arbitrator has to decipher the contract, the recitals may aid interpretation. They are, after all, clearly a part of the written contract in some way or other.

Milton & Cross Solicitors provides transaction advisory, due diligence and contract drafting services to individuals and businesses. We are always happy to assist you in coordinating and negotiating effective Deeds of Assignment.

Contact us to schedule a consultation

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What You Need To Know About The Deed Of Assignment

The deed of assignment is an essential land document required to bind legality of transaction between two parties. Extensively, it transfers the ownership of land or property from a seller (an assignor) to a new buyer (the Assignee).

A Deed of Assignment can only be prepared by a lawyer in Nigeria. The legal counsel of the buyer drafts out this document, deed of assignment, to represent the interest of his client. Thereafter, the legal counsel of the seller scrutinizes and executes this document to project mutual consensus, between the duo.

In cases where the property is part of an estate, the assignor’s lawyer may prepare the deed for examination by the assignee’s lawyer.

However, as an assignee, you must extensively register the deed of assignment with the relevant land registry, to establish legal proof that the property has changed hands and to inform the public that you are the new owner of the property.

To register, two basic steps must have presided. Basically, the process to obtain the deed of assignment involve three stages;

– Obtaining Governor’s Consent

– Stamping of Deed

– Registration

Obtaining Governor’s Consent:

The Land Use Act , LFN 2004, stipulates that the Governor’s consent must be acquired.

Having registered the purchased property in the seller’s name at the registry, the application must be made with the Land Form 1c, which must be duly signed and dated by the parties to the transaction and sworn to before a magistrate or notary public.

Afterwards, the application is sent to any Commissioner specifically designated for that purpose by the Governor to sign the land document.

Stamping of Deed

Following the Governor’s approval, the solicitor must guarantee that the stamp duties charged on the transaction is paid.

Failure to pay stamp duties attract penalties such as non-acceptance for registration and the instrument will be inadmissible in evidence in court  (Section 22 of the Stamp Duties Act).

Registration

A deed of assignment or conveyance that alienates a land interest is important to register. This is because it is a document that affects land in which one party confers or extinguishes a right or title interest in land in favor of another party.

Registration is made in order to avoid fraud and problems arising from the suppression or omission of instruments when title is deduced.

Specifically, a deed of assignment is important because it;

• Create formality

A deed of assignment is a formal contract acting as the main document between the vendor and the purchaser to show that all negotiations, investigations, and other necessary due diligence have been done.

• Serves as a solid evidence of transf er

It serves as a solid root of title to the land. If a third party attempts to claim ownership of the same land, this document can come in handy to validate your ownership receipt.

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Deed of Assignment and its Importance in Land Transactions

Buying a property or piece of land should be a great moment of joy. But that great moment of joy can get turned on its head, to be followed by sorrow and regret. This can easily happen without proper due diligence. A lot of Nigerians have fell victim due to laxity in due diligence when transacting real estate.

When a property or piece of land is purchased or transferred from one owner to another, there are some important documents the new owner must obtain from the individual transferring the land. One of these documents is referred to as a Deed of Assignment and it is the most important legal document you need to get for your land. It is akin to getting a receipt from a retailer after purchasing a valuable item.

What is a Deed of Assignment?

By definition, a Deed of Assignment is simply a contract or an agreement between the seller of a piece of land and the buyer showing details and evidence that all title, rights, and interest of ownership of the land has been transferred to the buyer.

In legal terms, a Deed of Assignment is an agreement where an assignor declares a promise that from the assignment date or any date stated within the contract, the assignor allocates the entirety of its stake in that land or property to the assignee.

By these definitions, it is easy to understand why a Deed of Assignment has such importance in real estate transactions. It is considered a must for all transactions of transfer of ownership of land.

In Nigeria, it is believed that 6 out of 10 people have been victims to property fraudsters that pretend to be owners of a piece of land. They proceed to show off the land to numerous prospective buyers who would often accept a receipt as a proof of transfer of ownership.

So, in plain terms, a Deed of Assignment can be likened to the legal equivalent of a receipt for goods purchased at a store or the particulars of a newly bought vehicle. With the Deed of Assignment document, the bearer has all legal rights to the transferred property and can use it as he or she deem fit.

For a Deed of Assignment to be legally binding, it needs to clearly identify the seller and the buyer, and it must also contain the following information:

- Date of transfer of ownership

- Addresses of the seller and buyer and how they are binding to the successors, friends and other people who represent the seller and buyer in any capacity

- Price of purchase of property

- Detailed description of property, including the size of the property

- A history of transfer of ownership of property, from the date it was first acquired to the time it is to be sold to the new owner

- Covenants or promises that the buyer and seller will undertake in order to execute the deed

- A section for the Commissioner of Oaths or Governors Consent to authenticate and sign the agreement

- Signature of the seller and buyer

As a legally binding document in real estate transactions, a Deed of Assignment is often recorded in the local land registry as a proof of transfer of the property to the new owner. The format of a Deed of Assignment is made up of a cover page that show the identities of the buyer and seller as well as a description of the land; a second page that show the date of the transfer, names and location of buyer and seller, and a history of how the seller came into possession of the land; a third page that show the description and cost of the land, a survey plan number including the date and name of surveyor, and the promises that both buyer and seller would abide after the transaction is completed; and a last page that display signatures of the buyer and seller as well as signatures of witnesses to the transaction.

Because most property buyers are not familiar with the documents that are required to be prepared and transferred to them by land sellers, it is advisable for property buyers to always get the services of a lawyer in order to protect their interest during the course of property transactions.

Deed of Assignment (Corporate to Individual) Template [Nigeria]

Updated January 6, 2024

You need a Deed of Assignment (Corporate to Individual) when buying property in Nigeria. This essential document confirms your legal ownership after purchasing land from a company. It’s not just a formality; it’s your undeniable proof of title, tailored specifically for transactions between a corporation and you, the individual buyer.

Don’t settle for less. Make sure your investment is protected with a Deed that spells out the transfer terms clearly and establishes your legal rights solidly. Get your Deed of Assignment, and take the final step in cementing your property acquisition today.

Generate your Deed of Assignment (Corporate to Individual)

• BASIC INFORMATION SECTION
• BASIC INFORMATION SECTION (CONTD)
• INITIAL QUESTIONS
• REVIEW AND CONFIRMATION

How to use this Deed of Assignment (Corporate to Individual)

After a contract of sale in land is executed, a business owner operating his business via a corporate entity can transfer any legal title owned in land to an intended buyer using this document. This document can also be used to transfer a legal title in land to a corporate entity owned by a business owner. It can also serve as an evidence of title of land and can be registered at the Land Registry of a State.    

Other names for Deed of Assignment (Corporate to Individual)

• Deed of Transfer of Title 

Applicable Laws in Nigeria

The relevant laws  applicable when creating a Deed of Assignment are as follows: 

• Land Use Act
• Property and Conveyancing Law of 1959 applicable in old Western states of Nigeria. 
• Conveyancing Act, 1881 applicable in old Eastern states of Nigeria 
• Registration of Title Law of a State. E.g Land Registration Law, Lagos State, 2014.

Other documents:

Power of attorney – general, contract renewal letter, peer-to-peer lending agreement.

Importance & Purpose Of Deed Of Assignment In Nigeria

Contributor.

A Deed of Assignment is an important legal land document that records a sale of land and transfers interest and title in real property from one party to another starting from the commencement date stipulated in the document. It is a document usually demanded by the buyer of the real property at the conclusion of a property transaction and for it to be valid and binding on parties to the transaction; it must contain certain information. A deed of assignment is considered a must for the transaction of ownership in land.

The main purpose of a deed of assignment is to transfer an interest or assign the title of property from the seller (an assignor) to a new buyer called (the Assignee). For a deed of assignment to fit the above purpose, it must contain certain details or particulars that will be briefly discussed below:

• Particulars of the parties to the transaction (names, address, status).
• Date of transfer of ownership of the property from the vendor to the purchaser.
• Nature of assignor's (vendors) title.
• The full description/particulars of the property with fittings & fixtures where applicable.
• History of the property being transferred from the first time it was acquired to the current time of sale, including documents it previously had to date.
• Details of a verifiable document that the property possesses.
• The consideration paid in respect of the property transaction (purchase price) and the willingness of the vendor to accept the price paid for the property.
• The nature of the transaction and the capacity of the assignor (vendor).
• Covenants both parties to the transaction undertake to fulfil.
• Signature of the parties and that of the witnesses to the transaction.
• Survey plan.
• Details of the Legal practitioner who prepared the deed.
• Section for the Governor's consent to be signed and verified.

The importance of a deed of assignment cannot be overemphasized, as it is a formal contract duly entered and executed between two parties to a real property transaction, to transfer all the unexpired residue of land to the other party. It contains not only the basic requirements but goes further to include detailed terms of what the parties to the transaction have agreed upon.

It is important that a deed of assignment is drafted by a property lawyer, to ensure that the best interests of the parties to the transaction are duly represented. The deed of assignment is usually drafted by the assignee's legal practitioner and given to the assignor (vendor) for vetting and execution. Where the property falls within an estate, the assignor's legal practitioner may prepare the deed for the assignee's lawyer to review.

Another great importance of a deed of assignment is that it serves as a valid root of title to the land. It acts as valid evidence of transfer, especially where there is a contention as to the validity of the land or where a third party tries to claim ownership of the same land.

It is also important that when the deed of assignment has been exchanged between the parties to the transaction, it is recorded or registered with the appropriate land registry where the land is situated for perfection purposes. Perfection comes at the post-completion stage which involves obtaining the governor's consent, stamping of the deed of assignment, and finally, registration of the document to show legal proof that the property has exchanged hands and also to create public awareness that the property belongs to a new owner.

A deed of assignment is important in any land transaction because it acts as the main document between the vendor and the purchaser to show that all negotiations, investigations, and other necessary due diligence have been done; the purchase price has been paid; other necessary conditions have been fulfilled by the parties to the transaction and the vendor has transferred all his rights in the property to the purchaser.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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What is a Deed of Assignment and the Foolish Risk your taking for not having a Deed of Assignment for your Land

By omonilelawyer | july 15, 2017 | 43,132 | 39.

A deed of Assignment is one of the most important documents YOU MUST HAVE when you conclude a Land Transaction. In fact it baffles me that 6 out of 10 people I know who have bought lands in the past have no deed of assignment . They are always the first to complain that Omonile has defrauded them but they have no proof to show the property has been sold to them other than a receipt.

It’s funny that everyone has the title documents to their car showing who the seller was and how it was transferred from the Seller of that car to you the new owner but when it comes to landed properties which are 10 times more valuable than cars, we fail to ask for this one simple important document that can prove ownership of that land. What then is this all important deed of Assignment I am alluding to? This can be found from the following definitions below:

A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land to that the Seller that has just bought land.

The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller . The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.

A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.

Signing a Deed of Assignment and having that Deed is your number 1 evidence against another person that is trying to claim ownership of that same land too. If you have a land and no deed yet, i feel sorry for you! Better consult your Lawyer to go draft one for you now to save yourself future problems

In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance.

The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner . Such Key issues include:

1. The Parties’ to the Agreement e.g between Mr A and Mrs K

2. The addresses of both parties and how it is binding on their successors, friends, colleagues and those representing them in any capacity.

3. The history of the land in question how it was first obtained down to the moment its about to be sold including and documents it previously had till this date

4. The agreed cost of the land and the willingness of the Seller to finally accept that price paid for the land

5. The description and size of the land to be transferred.

6. The covenants or promises both parties choose to undertake to perfect the transfer of the document

7. The signature of the parties to the Assignment and Witnesses to the Transaction

8. Finally the section for the Commissioner of Oaths or Governors Consent to sign and validate the agreement.

These are the important features of a Deed of Assignment and must be included in all Documents for it to be valid. Don’t listen to any Omonile who tells you he doesn’t or the family doesn’t sign a deed of assignment and that it is only a receipt you need. He is only looking for a way to resell your land to another person and to use receipt as a ploy to prevent you from establishing true ownership of your land.

Always consult a property lawyer before you buy a land to help prepare a deed of assignment. It will be your greatest mistake if you don’t have one. Below is a sample deed of assignment and how it looks so that you don’t fall victim of land swindlers

SAMPLE DEED OF ASSIGNMENT

The Cover of the Deed of Assignment must show the parties to the transaction and the description of the land sold

The first page of the Deed of Assignment must contain the parties to the transaction and the brief history of how the land became the Sellers property

The third page must contain the description of the land to be sold, the surveyor that did it, the cost of the land, the acceptance of the cost of the land and the promises both parties will make to themselves to abide with after the deal has been sealed.

The last page must show the signatures of the parties and the witnesses to that transaction and finally below , the section for the commissioner of oaths to endorse or the Governor to assent his consent to this transaction

Always consult a property lawyer before entering a legal contract.

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39 comments.

owolabi animashaun

how much is it to obtain governor consent of 3plots of land at okegbegun phase 2.,winner church along laspotech road ikorodu? or if there is C OF O Availiable? thanks

Barr. Matthew Ottah

I need the square meters of the survey plan so that I can fathom out N estimate of what it would cost. Cheers

I have a parcel of Land i had alredy built a 3-Bedroom Bungalow on at Magada behind MFM Prayer City. I only have a Signed Agreement from the One I bought it from. I have paid to the Omonile but yet to get a receipt from them. I have not done a survey yet. Kindly advice.

babatunde Ogunnowo

good morning. what is the difference bewteen a deed of sublease and a deed of assignment? which is preferable 2. what are the cost implications for processing any tyeo of deed. thanks. keep up the good work

Sir, I have plot at ogun state and for the deed of assignment, the land owners said I will pay 100K for them to get it done that there are four signatories to it. The issue now is that the said amount is too much. Pls I need your input on this. Thank You

Matthew Ottah

You need to negotiate with them to reduce the price

Please Mr Ottah can you send your number so I can call to ask for help?

My numbers are everywhere on the site. Cheers

sir,this deed…who is resposible to issusing it,i.e is it part of the document the omonile will give you when you have paid for the land or the buyer contracts a lawyer to draw it up after payment and takes to family(olori ebi) to sign their portions.

Your very correct sir. Both options are the right way to go about it.

how do you know a false land

I wanted to buy a land from one of this estate, I was told the estate has a Global C of O from Ogun state government and that upon payment I will be issued a Deed of Assignment. There after I can do the survey. My questions are: 1. I was told since the Estate has Global C of O, I might not necessarily need individual C of O. 2. What other documents do I need to process apart from the survey. You sincere advice will be appreciated. Thanks

sir, thank you very much sir for your advise, all what u said above is true even i presently find myself in dat situation, i bought just half plot of land from a family representative at abeokuta in which i only collected receipt from them without the deed of assigmnet and i started work on the land, im even through with the foundation about to start the main building. Sir, i will be very glad and happy if you can put me through on what are d next steps to take, though i have printed out all the deed of assignment you pasted up for me to rewrite and give them to sign.

Thanks you very much sir

Hi, I bought a land from a relative of which the land have a c of o under my Anty family name, my question is; 1. Do I have to do personal c of o on my name. 2. is’t secure under my Anty family name. I need an advice, and I will be looking forward to hear back from you because I don’t know what to do before is too late…thanks!

Good evening barrister, Pls must I first so a survey before I do a deed. We Purchased a land and we have just a receipt. Thank you

please is it legal for a non lawyer to prepare a deed of assignment? Thanks.

Please explain to me the difference between Deed of Assignment and Deed of Agreement. I am getting different interpretation and it is confusing. When I buy a family land, which one should I prepare for the family to sign?

They are the same thing sir and perform the same function.

Could you please tell me the importance of that red seal in a deed? What is its significance? How important is it? Thanks

Its of no serious importance in modern day execution of documents. As long as the parties have signed or attested to the documents with their signatures or personal thumbprint, the document is as good as been executed properly. People who use it are mostly Customary Land Families to show how important their signatures are

Giulia Devey

I have a deed of assignment which is signed but the property has an outstanding mortgage on the property. I have been paying this, however it fell into arrears and now the assignor is claiming against me for receiving adverse credit. This person did not take their name off the mortgage therefore would I be liable for her claim in court?

Yes you would because you have chosen to continue paying the outstanding mortgage. Your lawyer should have advised you on the perils of continuing the mortgage payment in your name

Pls. must a land have C of O before Governor conscent can be acquired if purchased from the owner? What happen when the land doesnot have C of O? can the buyer seek to get C of O in place of Governors conscent

Please can a commissioner for oath of Lagos State endorse the dead while the land is situated in ogun state

Can a deed of assignment be prepared for land that does not have C of O yet but which Allocation paper or R of O is ready?

name withheld

my friend bought a property an does not know how much to pay his attorney, the attorney are asking for 500k 180, and claimed they have to bribe some people to get them to follow the deed of assignment , is it a fraud of are the lawyers just trying to be a fraudulent?? thanks and have a good day

Good day Sir, I found this site and info therein helpful. Is it possible for a the seller to issue a 2 Deed of assignment to different person on the sme land.

What is the functional different between C of O and deed of assignment

Two people bought a plot of land. The seller bought it from another person. What documents must the new buyers get? Must each survey his own portion before the agreement?

omonile lawyer, pls i have power of attorney and deed of partition for a piece of land in abuja (4 of us bought and shared the land), do i still need deed of assignment?

Sir, I want you to send a soft copy of deed of assignment to my email. How much would it cost? [email protected]

Good day sir. I bought a plot of land, have a signed deed of assignment. But resently, d surveyor called me that there is need to create a road at my (land) back i.e a plot will b inbetween two roads and that i should shift my pillar and the corner piece. Now, i need ur advice on what to do sir. Thanks. N.B He is d one who sold d land, measured, pegged and put d pillar.

l can get in touch with the company l signed deed of assignment with 4 times no reply to me

Gabriel Joseph

To be honest with you this is really helpful. Thanks

how do I submit my deed of assignment for record purpose

pls sir,I bought a land with power of attorney from estate management.Am I entitle to omonile receipt and deed of assignment?

i have a land which was purchased from the estate developers but i lost all documents to it by an act of God. what can i do

please sir, can u help us with a sample of the shedule page so that i ccan coinfirm that the schedule page of the deed of assignment for my land is made in the right form

Ola Abiodun

I bought a land in my name and wife’s name. I have now built a property on this land and all the paper works including CofO and the plan have our names both. The land and the property was solely bought and built with my money. I understand we both have claim because her name is on the documents.

What do I need to do to take her name off the the property, both the land and the building? Can you also please advise the likely cost?

I look forward to hearing from you

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DIFFERENCE BETWEEN CERTIFICATE OF OCCUPANCY AND DEED OF ASSIGNMENT IN NIGERIA

The difference between a Certificate of Occupancy and a Deed of Assignment can be derived from their distinct features and the role they each individually play in the acquisition of title to landed properties in Nigeria.

Certificate of Occupancy

A Certificate of Occupancy is an authorized document of grant issued by the State Government to confer ownership and right of occupancy in a definite land for all purposes to an individual, group of individuals, or corporate bodies for a term of 99years.

Section 9 of the Land Use Act 1978 empowers the State Governor of the state in Nigeria where the land is located to issue the certificate of occupancy. The Section provides that “it shall be lawful for the Governor when a person is entitled to a statutory right of occupancy; to issue a Certificate under is hand in evidence of such right of occupancy”. 

One of the distinct features of a Certificate of Occupancy is that no land in Nigeria can bear two Certificates of Occupancy because it is the first document issued on land whether bare or developed, which has never been registered at the land registry. The land, upon which a C of O is issued, is first charted by the office of the Surveyor-General of the State or the Federation where it is Federal land. The essence of charting the land is to determine if it is free from any government acquisition.

Deed of Assignment

A deed is an important land document executed by parties in a land agreement to transfer the unexpired interest in land to another. Upon the completion of a land transaction between a buyer and a seller of land, a Deed of Assignment is executed in favor of the Assignee to evidence the transfer of the unexpired residue of the land by the Assignor to the Assignee, and such a Deed is registered at the Land Registry to perfect the acquisition.

A deed serves as the final document that will be executed between parties to a land transaction after full payment has been made by Assignee (buyer) and acknowledged by the Assignor (seller). It contains the details of parties to the transaction, the full description of the land, the consideration paid by the buyer, history of the land (which can be one whose title is derived from a Certificate of Occupancy), and the signature of the parties to the transaction.

To perfect the title conveyed by a Deed of Assignment, the Assignee (buyer) must carry out three basic steps to perfect his or her title which are;

• Obtaining the Governor’s consent and
• Stamping of the Deed of Assignment.
• Registration of the Deed of Assignment

The performance of the above steps gives priority of title to the buyer of the land against any subsequent claim of ownership to the land.

The distinction between the Certificate of Occupancy and Deed of Assignment

• A Certificate of Occupancy is issued by the State Governor or Government on new land and signed by the Governor, while a Deed of Assignment is an agreement drafted by the lawyer of the Assignee (buyer) and signed by the parties upon payment of the consideration and agreement of the terms stipulated and is only sent to the Governor for his consent as a means of perfecting the title.
• A Certificate of Occupancy is issued by the State Government for a term of 99 years from the commencement date stated in the C of O, while a Deed of Assignment has no fresh 99 years term, as the title commences from the date the unexpired interest in the land was passed.
• A Deed of Assignment must be recorded at the Land registry to show legal evidence that there has been an exchange of ownership of title in the land and to create awareness to the general public that the land is encumbered, while a Certificate of Occupancy is granted to indicate that the owner of the land has been granted a right of occupancy by the State Government where the land is located.
• A Deed of Assignment acts as the main document between a land seller and a purchaser to evidence proof of ownership in favor of the seller, while a Certificate of Occupancy simply shows that the holder is in exclusive possession of the land.
• In a Certificate of Occupancy, the Governor of a State upon which the land is located grants individuals, groups of individuals or company the land for 99 years to hold, use and occupy. A Certificate of Occupancy is issued by virtue of Section 9 (2) of the Land Use Act, while in a land transaction where a buyer sells his remaining interest in land to another without any reversionary interest a Deed of Assignment is issued.
• A Certificate of Occupancy issued by the Governor on land can be revoked on grounds of overriding public interest by Section 28 of the Act, while a Deed of Assignment cannot be revoked, but only the Governor’s consent granted upon the perfection of the Deed can be revoked.
• Finally, a Certificate of Occupancy is not a good root of title, especially where there are existing interests on the land, while a Deed of Assignment is a good root of title.

In closing, Certificate of Occupancy and Deed of Assignment are both legal means of acquiring title and ownership to land properties in Nigeria. Hence both documents must be properly investigated by a purchaser of land where the seller relies on these documents as his root of title.

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Why deed of assignment is important in every property transaction..

• May 10, 2021
• No Comments

The importance of deed of assignment in every property transaction cannot be over-emphasized. It is quite unfortunate that many real estate investors overlook its importance especially when they buy from the so-called omo-oniles which are popularly known as Land Grabbers. Without a deed of assignment, a real estate transaction is not conclusive. In fact, some investors have been duped just because they cannot profer the deed to show the property has been sold to them other than the receipt.

However, the cost of the deed of assignment varies from location to location.

Let us take a look at this scenario: When you buy a Nigerian used car, you have the title document that gives details of how the car was transferred from the seller to the buyer. The same thing applies to when buying a property, there has to be a document that shows how the property was transferred from the buyer to the seller in order to show the proof of ownership.

Let us now dive into what a deed of assignment truly is?

What is a deed of assignment? A deed of assignment is a legal document that shows the agreement between the seller of a property and the buyer showing evidence that the seller of the property has transferred his interest and title to the buyer.

Going deeper, there are some cases whereby after the deed of assignment has been exchanged between the buyer and the seller, a record has to be submitted to the land registry to show that the exchange is deemed in the eye of the public. This comes in the form of the Governor’s consent .

FEATURES OF A DEED OF ASSIGNMENT

The features include the following;

• Details of the parties that are involved in the property transaction (names, address, and status).
• The date of transfer of ownership from the vendor (real estate company or omo-oniles) to the purchaser.
• The description and size of the land that is transferred.
• The agreed cost of the land.
• The history of the landed property on how it was firstly gotten to the moment its been sold and including all its previous documents.
• The promises both parties undertake on perfection of the transferred document.
• Signature of both parties.
• Governor’s consent to validate and sign the agreement.

Also read: Documents you should know when purchasing land 

In conclusion

It is pertinent to seek the services of a property lawyer when buying a property from Omo-oniles, to help prepare a deed of assignment. Thanks to reputable real estate companies that have made real estate transactions easier. You might not need a property lawyer when dealing with real estate companies because you don’t have to deal with omo-oniles in your transaction. Although they charge a reasonable amount for deed of assignment and the fee differs from one location to another. Kindly share this post if you find it useful

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Why deed of assignment is important in every property purchase

Purchasing a home in Nigeria entails more than just making payments; you must have proof of ownership, just like any other related transaction. You must have the required paperwork for a property transfer because they are necessary for proving the seller's ownership interest.

If you don't have these documents, you could end up in legal trouble with others or the authorities. This is why it is critical that you become acquainted with the many types of property documentation available in Nigeria. And such documents include; Certificate of Occupancy (C of O) , Deed of Assignment, Survey Plan, Governor’s Consent and others. But in this article, we’ll get to know more about the document “Deed of Assignment”.

What is a Deed of Assignment?

A Deed of Assignment is a legal instrument that documents a land sale and transfers interest and title in real property from one party to another beginning on the date specified in the document. It is a document that is typically requested by the buyer of real estate at the conclusion of a property transaction, and it must contain particular information in order to be valid and binding on all parties involved in the transaction. When it comes to the transfer of land ownership, a deed of assignment is required.

Characteristics of a Deed of Assignment

The following information is required to be included in every deed of assignment:

• The details of the contracting parties like the name and status.
• Both parties' addresses are shown below.
• The agreed-upon price for the land and the seller's willingness to accept that price in the end
• The background of the area in question. This history could contain everything from how it was first acquired to when it's set to be sold.
• Covenants or pledges that both parties agree to make in order to complete the transfer of the document
• The property's entire description/specifications, including any fittings and fixtures.
• The land to be transferred description and size
• Survey Plan
• Witnesses to the transaction and the signatures of the parties to the assignment

Reason For Deed of Assignment?

A deed of assignment's principal function is to transfer an interest in or assign the title of property from a seller (an assignor) to a new buyer (the Assignee). To serve its goal, a deed of assignment must include the following details we have listed in the characteristics section above.

The Benefit for Deed of Assignment?

• Formality: A deed of assignment is a formal contract formed and executed between two parties to a real estate transaction to transfer all the unexpired remainder of land to the other party. It includes not only the fundamental needs, but also the specific terms on which the parties to the transaction have agreed. It serves as a great tool for both parties.
• Guarantee: A property lawyer should design a deed of assignment to guarantee that the best interests of the parties to the transaction are properly represented. The assignee's legal practitioner drafts the deed of assignment, which is then handed to the assignor (vendor) for vetting and execution.
• Valid Evidence of Transfer: A deed of assignment is very beneficial since it serves as a valid root of title to the land. It serves as valid evidence of transfer, particularly when the legitimacy of the land is disputed or a third party attempts to claim ownership of the same land.

Steps to Registering the Deed of Assignment in Nigeria

The registration procedure is as follows:

Following the execution of the Deed of Assignment, it must be properly registered and approved by the Governor in compliance with the Land Use Act, LFN 2004.Before the actual alienation or sale of any interest in land in Nigeria, the Governor's authorization is required. The Land Use Act stipulates that the Governor's consent must be acquired.

"The Governor may, when giving his consent to an assignment, mortgage, or sub-lease, require the holder of a statutory right of occupancy to submit an instrument executed in evidence of assignment, mortgage, or sub-lease, and the holder shall, when so required, deliver the said instrument to the Governor in order that the consent given by the Governor under subsection (1) may be signified by endorsement thereon," according to Section 22(2) of the Land Use Act. The ability to provide consent can be delegated, as stated in section 45 of the Land Use Act.

In general, after parties to a property transaction execute a deed of assignment, the procedure and steps for registering the executed deed of assignment in Lagos State or any other jurisdiction in Nigeria entail three primary steps: Obtaining Governor's Consent; Stamping of Deed; and Registration.

• Obtaining the Governor's Consent: When the purchased land is already registered in the seller's name at the registry, the application should be made with the land form 1c available at the land’s registry, and the form should be signed by the purchaser and the vendor. The application form will contain much information to be filled.
• Stamping of the Deed : Following the Governor's approval, the solicitor must guarantee that the transaction's stamp duty is paid. It is recommended that consent be obtained prior to the payment of stamp duties, as the duties paid cannot be recovered if the Governor rejects consent. Stamp duties are levied on a variety of transactions, one of which being the transfer of a property interest. Failure to pay stamp duties has the following consequences:
• The instrument will not be registered since it is not in good working order.
• According to Section 22 of the Stamp Duties Act, the instrument will be inadmissible in court as evidence.
• In the event of late registration, a penalty will be imposed.

3.Registration: The importance of registering a deed of assignment or conveyance that alienates a land interest is that it is a document affecting land in which one party confers, transfers, limits, charges, or extinguishes a right or title to or interest in land in favor of another party. Although registration does not cure defects in title, a deed of assignment is a registrable instrument that must be registered within 60 days after execution, according to section 25 of the Lagos State Land Instrument Registration Law.

In summary, in any land transaction, a deed of assignment is crucial because it serves as the main document between the original owner and the purchaser, demonstrating that all necessary negotiations have been completed and the purchase price has been paid. In addition, all other important conditions have been achieved by both parties to the transaction; and the owner has transferred all of his rights in the property to the purchaser.

Dennis Isong Helps Individuals Invest Right In Real Estate. For Questions On This Article Or Enquiring About Real Estate Email: [email protected] or Whatsapp/Call +2348164741041

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HOW TO PREPARE A DEED OF ASSIGNMENT IN NIGERIA

A deed of assignment is essential in Nigeria, as it transfers ownership of land or property from one party to the other.

5/11/2024 3 min read

A deed of assignment is essential in Nigeria, as it transfers ownership of land or property from one party to the other. It is used to transfer legal title and ownership to land from the assignor to the assignee for a consideration paid and accepted by the assignor. The assignor (the seller) and assignee (the buyer) are the parties to the deed of assignment, respectively (the purchaser).

REQUIREMENTS TO PREPARE A DEED OF ASSIGNMENT IN NIGERIA

When drafting a deed of assignment in Nigeria, it is crucial to obtain certain information from the parties involved since this information will help to establish the details of a document that will be enforceable in court. In other regions of the nation, the same requirements apply. Following are these specifics:

Particulars of the transaction’s participants (names, address, status). Day on which they transferred the property from the vendor to the buyer. The nature of the assignor’s (vendors’) title. Entire description/ specifications, including any fittings and fixtures of the property. The history of the property being transferred from the time it was initially obtained to the current moment of sale, including all preceding documentation. Details about a verifiable document the property bears.

The amount of money paid in a property transaction (buy price) and the vendor’s readiness to accept the price paid for the property. The nature of the transaction and the assignor’s capacity (vendor). Both parties to the transaction agree to keep the agreements. The parties’ signatures, as well as the signatures of the witnesses to the transaction, are necessary. Plan for the survey. Information about the lawyer who prepared the deed. The Governor’s assent must be signed and validated in this section.

WHAT IS THE PURPOSE OF THE DEED

In particular if you wish to purchase land, it is crucial to carefully discuss matters like these with your attorney for clarification. A deed is used to legally change the ownership of a piece of property or asset from one person or business to another.

WHO NEEDS TO SIGN A DEED OF ASSIGNMENT

The deed must be signed by both the assignor and the assignee(s), who must also check the appropriate box(es) for each signature. However, if two people own the policy and they are both joint tenants. Thus, both policyholders are required to serve as assignors.

HOW MUCH DOES THE DEED OF ASSIGNMENT COST IN NIGERIA

A Deed of Assignment can only be prepared by a lawyer in Nigeria.

To control the fees that lawyers charge for handling land matters, there is a scale of fees. However, given the crude nature of this scale of charges. Lawyers prefer to negotiate their percentage based on the value of the assets being purchased in real estate deals. This is due to the fact that they also provide them permission to enter into a simple contract for any services, including the creation of deeds.

The percentage that a lawyer may charge for creating a deed of assignment is based on a number of factors. Among these criteria are expertise or experience, as well as the cost of the prospective acquisition. To create a deed of assignment, the majority of lawyers in Nigeria normally charge between 5% and 10% of the price of the property.

WHO PREPARES THE DEED OF ASSIGNMENT

You should be aware of who is responsible for creating the assignment deed to prevent misunderstandings along the process. The deed of assignment is created by the assignee's attorney, who then gives it to the assignor (vendor) for approval and execution.

HOW TO REGISTER A DEED OF ASSIGNMENT IN NIGERIA

The process and methods for registering an executed deed of assignment in Lagos State or any other Nigerian jurisdiction essentially consist of three main parts: obtaining the governor's consent, stamping the deed, and registration.

NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact [email protected]

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Deed of Assignment

DEED OF ASSIGNMENT

THIS DEED OF ASSIGNMENT is made this ________ .

________ , of the following address:

hereinafter referred to as (the " Assignor " which expression shall where the context so admits include its successors-in-title and assigns) of the first part;

hereinafter referred to as (the " Assignee " which expression shall where the context so admits include its successors-in-title and assigns) of the other part.

The Assignor and the Assignee shall be collectively referred to as the " Parties ".

A. The Assignor is the beneficial owner of all that parcel of land described as follows (the " Land "):

B. The Assignor obtained the legal title to the Land particularly described in this document by virtue of the following:

C. The Assignor has agreed to sell and transfer the entire Land to the Assignee of and grant the Assignee the entire right, title and interest in the unexpired residue of the Assignor's term of the Assignor's right of occupancy.

NOW THIS DEED WITNESSES AS FOLLOWS

In consideration of the sum of ₦ ________ (________) paid to the Assignor by the Assignee, the receipt of which is hereby acknowledged, the Assignor as beneficial owner, hereby assigns and transfers unto the Assignee all that residue of unexpired years of the Land to hold the same unto the Assignee subject to the provisions of the law.

COVENANTS, WARRANTIES AND REPRESENTATIONS OF THE ASSIGNOR

The Assignor hereby represents, warrants and covenants as follows:

(I) that the Land is free and clear of any mortgage, lien, debts and encumbrance and no part of the Land is subject to any encumbrance;

(II) that the Assignor has good and proper title to the Land and hereby indemnified the Assignee and shall keep the Assignee indemnified against any defects in his title and for costs or expenses and for actions, claims and proceedings that may arise by the risen of any defect in the title of the Assignor;

(III) that the Assignee shall have full possession of the Land and its appurtenances effective from the date of this Deed;

(IV) to deliver to the Assignee upon execution all original title documents pertaining to the Land which are in the possession of the Assignor and which may come to his possession to Assignee;

(V) 22 25222282 2528522 588 528522228 2552 5285852 252852822 525 52 588 258228 2552 552 228288552 22 228552 252 25528225 525 5888222222 22 252 2525;

(VI) 2552 252 8555522828, 82522282828, 525 522528222528228 58282 552 525 85588 522582 85885 525 82 2588 22582 2552525252 525 52225 252 8582 22 252 2525.

IN WITNESS OF WHICH the Parties have set their hands and seal this day and year first written above.

SIGNED, SEALED AND DELIVERED by the within named Assignor:

___________________________ ________

IN THE PRESENCE OF:

Name . ...............................................................................................................

Address . ............................................................................................................

Occupation . .......................................................................................................

Signature . .........................................................................................................

SIGNED, SEALED AND DELIVERED by the within named Assignee:

I hereby consent to the Transaction contained in this Deed.

Dated ______ day of _____________________, ___________.

____________________________________ Honourable Commissioner and Attorney General of Justice on behalf of the Executive Governor of Abia state

DESCRIPTION OF PROPERTY CONVEYED UNDER THIS DEED

All that parcel of land described as follows:

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