Land and houses are highly sought-after commodities that require thorough due diligence to ensure that they are legally acquired and that the purchaser obtains valid documents. Owning these properties in Nigeria is considered one of the safest investment decisions. Uncover the required documents of proof of ownership of a house and land and how to obtain them.
Certificate of Occupancy is one of the proof of ownership documents. Photo: @LagosPropertyCorner (modified by author)
Source: Facebook
TABLE OF CONTENTS
One of the critical steps of legally obtaining land or a house is conveyancing and transferring property from one legal owner to another, as well as obtaining the legal documents proving you are now the owner. Without a document of proof of ownership, the government can take your land or house without paying you.
Document of proof of ownership of house and land
Proof of ownership is a vital legal document affirming your rights over a property or asset. The issuance of such documentation differs depending on the type of asset. Below are the five legal documents you should possess for your land and house and how to acquire them.
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1. Certificate of Occupancy (C of O)
A Certificate of Occupancy is a vital document issued by the state government where the land is located. Its main purpose is to provide legal security to property owners and standardise land transactions, therefore ensuring that land ownership is recognised and protected by law.
How to obtain a Certificate of Occupancy (C of O)
Here is the step-by-step process for obtaining the Certificate of Occupancy:
A Certificate of Occupancy provides legal security to property owners. Photo: @zubolproperties on Facebook (modified by author)
Source: FacebookGet a Land Information Certificate: This document confirms important details about the land. It is obtained at a cost by visiting the surveyor general’s office.Application submission: Prepare and submit an application for the C of O to the Land Bureau or the Ministry of Lands in the state where the property is located. The application is typically made in person, although some states have stated that they are accepting online applications.Document verification: The land registry will verify the authenticity of your documents, which may include checking the land’s title history and confirming whether the land is free from government acquisition. Documents include a survey plan, a formal application letter, recent passport-size photographs, a land purchase agreement or a deed of assignment.Site inspection: The government then sends its official to inspect the property. The aim is to ensure that the land is used for the intended purposes and falls within permissible zones. In case of any misuse, the C of O application is rejected.Charting and endorsement: After the inspection is complete, the survey plan will be physically verified to confirm the land’s boundaries. Afterwards, the surveyor general’s officer will make the necessary endorsements, confirming that the land’s location is accurate.Payment of fees: You will be required to pay the necessary fees, such as processing fees, survey fees, C of O issuance fees, and premium fees. The premium fees vary based on the size and location of the land.Approval and issuance: Once all payments are made, the application meets all the requirements, and passes the verification process, the Certificate of Occupancy is printed and issued to the property owner. The process can take three months to two years.
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2. Registered survey plan
A registered survey plan is also an essential tool for verifying land ownership. It is a detailed map of a piece of land showing its boundaries, measurements, and other significant features. A licenced surveyor prepares it and submits it to the office of the surveyor general for approval.
How to obtain a registered survey plan
Here is the general process of obtaining a registered survey plan.
Preliminary search: Visit the land registry to check if the land is under dispute or being acquired by the government.Hire a registered surveyor: Look for a surveyor registered with the Surveyors Council of Nigeria (SURCON) to measure your land and prepare the plan.Fieldwork: The surveyor will mark the boundaries and collect data.Plan preparation: The surveyor creates a detailed plan including the land’s size, boundaries, and notable features.Registration: The surveyor submits the plan to the surveyor general’s office in your state for registration.Receive the approved plan: When the survey plan is approved, the surveyor will issue you an official red copy.
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3. Deed of Assignment
A Deed of Assignment is an essential land document required to bind the legality of a transaction between two parties. Photo: nigerianlawguru.com (modified by author)
Source: Original
A deed of assignment is a legal document used in Nigeria to formally transfer ownership of real property from a seller (assignor) to a buyer (assignee).
How to obtain a deed of assignment
Below are the steps involved in obtaining a deed of assignment
Identify the property: Before initiating a deed of assignment, identify the property for which you want to get the deed of assignment.Negotiate terms: Discuss and agree on the terms of the deed of assignment with the other party, clarifying prices, payment method, and any additional conditions.Consult a lawyer: Look for a qualified real estate lawyer to guide you through the process. The lawyer will help ensure your deed of assignment is comprehensive and legally sound.Draft the deed: With the real estate lawyer’s help, prepare the deed of assignment. Ensure all the specific details concerning the property and agreement are included.Review and signature: Both parties should sign the document in the presence of credible witnesses. They should first review the assignment deed before signing.Governor’s consent: After it has been signed, the deed of assignment requires the governor’s consent for final approval.Register the deed: Register the deed of assignment with the relevant land registry office.
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4. Building Approved Plan
A Building Approved Plan is an official document issued by the local government agency that grants permission to commence building construction upon compliance with relevant regulations, building codes, and zoning ordinances.
How to obtain the Building Approved Plan
Below is the process of getting a Building Approved Plan.
Obtain title document: Obtain a valid title document proving the land ownership.Initial consultation: Visit the Development Control Department to learn about your district’s specific regulations, including building height, land use, setbacks, and parking requirements. Obtain a copy of the FCT Development Control Manual for guidance.Prepare and submit documents: Prepare the required documents, ensuring all architectural and engineering drawings comply with the FCT Development Control Manual. Then, submit the documents to the Development Control Department for review. Verification and inspection: Officials from the department visit the site to verify the information in the documents and reports. They work to check for compliance with building codes, zoning regulations, and other guidelines.Payment of fees and approval: After inspecting the documents and site, the department assesses the building plan processing fee, which you will pay. After paying, you will receive a stamped drawing and official approval.Commencement of construction: You should inform the Development Control Department of your intended start date. Department officials will inspect the excavation and foundation work before permitting consent to proceed. They will also visit regularly throughout the construction phases.Completion and habitation certificate: Once the final inspection is conducted and everything complies with the approved plans, you will be issued a certificate of completion and habitation. You have the legal right to occupy your property.
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5. Land purchase receipt
A land purchase receipt confirms that a seller has received money for land or a house from the buyer. Photo: @SNAP Homes&Properties (modified by author)
Source: Facebook
The receipt of purchase of property, also known as a land purchase receipt, is a document confirming that a person has received money for land or a house. It outlines the terms and conditions agreed upon between the buyer and seller, including the purchase price, a description of the property, the date of payment, the buyer’s and seller’s name, and the seller’s signature or stamp.
How to obtain a land purchase receipt
Below is how to get the land purchase receipt.
Check with the seller: If you’ve paid for land or a house, the seller should provide you with the land purchase receipt as part of the transaction documentation.Legal assistance: Seek legal assistance from a real estate licensed lawyer to help you ensure that the receipt is accurate and complies with other legal requirements.
How do you get a Certificate of Ownership in Nigeria?
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The process of obtaining a Certificate of Ownership in Nigeria varies depending on what property you are trying to prove ownership of. To obtain any Certificate of Ownership in Nigeria, one has to apply to the relevant authority and provide the required documents.
How much is proof of ownership in Nigeria?
The cost of proof of ownership in Nigeria depends on the property one is acquiring. For instance, the cost of obtaining a Certificate of Occupancy for land differs depending on the state of the property and its size and location. The total cost range between N100,000 and N200,000 or more.
A document of proof of ownership of a house and land is not just a document but a vital asset for anyone looking to legally own land or a house in Nigeria. From establishing ownership to facilitating transactions to preventing legal disputes, the benefits of having proof of ownership are immense.
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Henzodaily.ng recently published an article on the cost of a Police Clearance Certificate. A Police Clearance Certificate is an official document issued by the Nigerian police. It is open to both Nigerian natives and foreigners who have been in Nigeria for at least 30 days.
A Police Clearance Certificate (PCC) in Nigeria is an essential document often required for job applications, visa processing, and other official purposes. A Police Clearance Certificate (PCC) in Nigeria will cost you around N30,000. Read more about the Police Clearance Certificate in the post.
Source: Henzodaily.ng