Land Titles in Ogun State: The Complete Guide to Certificate of Occupancy, Governor’s Consent, Excision, Gazette and Ratification

What This Guide Covers

Buying land in Ogun State should be one of the safest investments you ever make. Unfortunately, for many people, it becomes one of the most expensive mistakes of their lives.

Every year, thousands of buyers purchase land believing they have acquired good title, only to discover later that the land falls within government acquisition, that the seller had no legal authority to sell it, that the survey plan was never charted, or that the title documents presented during the transaction were either incomplete or entirely fraudulent.

Some buyers proudly announce that they have purchased “C of O land” without understanding what a Certificate of Occupancy actually proves. Others believe that any land covered by an excision is automatically safe to buy. Some assume that a Gazette means government can never acquire the land again. Others purchase land without obtaining Governor’s Consent where it is legally required.

These misconceptions have cost Nigerians billions of naira in lost investments, prolonged litigation and emotional distress.

This guide was written to eliminate those misconceptions.

As property lawyers practising in Nigeria, we have seen transactions collapse because buyers relied on assumptions instead of proper legal due diligence. We have also helped clients avoid substantial financial losses simply by identifying legal issues before money changed hands.

This article has been prepared to serve as a practical legal guide for:

• First-time land buyers.
• Nigerians in the diaspora purchasing property in Ogun State.
• Real estate investors.
• Estate developers.
• Families purchasing ancestral or family land.
• Business owners acquiring commercial property.
• Mortgage applicants.
• Anyone who wants to understand how land title works under Nigerian law.

Rather than merely defining legal terms, this guide explains how they work in real-life transactions. More importantly, it explains how the various title documents relate to one another and why possessing one document does not automatically eliminate the need for another.

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Why Understanding Land Titles Matters Before Buying Land in Ogun State

Before discussing Certificates of Occupancy, Governor’s Consent, Excision, Gazette or Ratification, it is important to understand one fundamental principle:

You are not simply buying land. You are buying the legal right to own and use that land.

The physical land may remain exactly where it has always been, but the legal rights attached to that land can vary significantly depending on its history, government records, ownership, and compliance with applicable laws.

Many buyers concentrate almost exclusively on visible features such as:

• Location.
• Road access.
• Price.
• Neighbourhood.
• Future development potential.

These factors are undoubtedly important. However, none of them will protect a buyer whose title is legally defective.

A beautifully fenced property can still be under government acquisition.

A luxury estate can still have defective root of title.

An expensive plot can still be subject to competing ownership claims.

In property law, appearance is never a substitute for legal ownership.

Land Title Is More Than a Piece of Paper

One of the most common misconceptions among land buyers is the belief that ownership depends solely on possessing a document.

That is not how Nigerian land law operates.

A title document is only valuable if:

• it was validly issued;
• the person transferring the property had legal authority to do so;
• the land itself is legally available for private ownership; and
• all statutory requirements have been complied with.

For example, two buyers may each possess a Deed of Assignment relating to adjoining plots of land. One buyer may have acquired good title while the other acquired nothing at all because the seller had no legal interest capable of being transferred.

This reflects the long-established legal principle that a person cannot transfer a better title than he possesses.

Why Ogun State Requires Extra Caution

Ogun State remains one of Nigeria’s fastest-growing property markets. Its proximity to Lagos has resulted in rapid urban expansion across many parts of the state, including:

• Abeokuta
• Mowe
• Ibafo
• Shimawa
• Arepo
• Sagamu
• Iperu
• Ijebu-Ode
• Ado-Odo/Ota
• Lusada
• Atan
• Agbara

As development continues, land values have increased substantially. Unfortunately, increased demand has also encouraged fraudulent practices, multiple sales, fake title documents and disputes over ownership.

Some buyers unknowingly purchase land that falls within government acquisition.

Others purchase family land without ensuring that the principal members of the family consented to the transaction.

Some rely entirely on representations made by estate marketers without conducting independent verification.

These mistakes can often be avoided through proper legal due diligence before payment is made.

Understanding How the Different Title Documents Fit Together

One reason land transactions appear confusing is that buyers frequently encounter several different documents during a single transaction.

For example, a seller may provide:

• a Survey Plan;
• a Deed of Assignment;
• a Certificate of Occupancy;
• a Governor’s Consent;
• an Excision reference;
• a Gazette publication; and
• various tax receipts or family documents.

Without understanding the purpose of each document, a buyer may wrongly assume that every document performs the same legal function.

They do not.

Document	Primary Purpose
Survey Plan	Identifies the exact location and dimensions of the land.
Certificate of Occupancy	Evidence of a statutory right of occupancy granted by the government.
Governor’s Consent	Approves the transfer of an existing statutory right of occupancy.
Excision	Releases specified land from government acquisition.
Gazette	Official government publication recording approved excisions and other governmental notices.
Ratification	A government regularisation process applicable in specific circumstances where land was allocated or sold without complete government documentation.
Deed of Assignment	Transfers the seller’s legal interest in the property to the buyer.

Throughout this guide, each of these documents will be examined individually before explaining how they interact during an actual property transaction.

What You Will Learn in This Guide

By the end of this cornerstone guide, you will understand:

• What a Certificate of Occupancy actually proves.
• When Governor’s Consent is legally required.
• The difference between excision and gazette.
• Whether gazetted land can still be acquired by government.
• Why survey charting should never be skipped.
• How title perfection protects your investment.
• How to identify common land scams before making payment.
• The due diligence every prudent buyer should undertake.
• When to involve an experienced property lawyer.

The objective is not merely to help you understand legal terminology. It is to equip you with the practical knowledge necessary to make informed decisions, reduce legal risk and protect your investment when acquiring land in Ogun State.

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The Legal Foundation of Land Ownership in Nigeria

Before examining each title document in detail, it is necessary to understand the legal framework upon which modern land ownership in Nigeria is built. Without this background, many concepts—particularly the Certificate of Occupancy and Governor’s Consent—can appear confusing.

In the next section, we examine how the Land Use Act transformed land ownership in Nigeria, the role of State Governors in land administration, and why this legislation remains central to virtually every land transaction in Ogun State.

The Legal Foundation of Land Ownership in Nigeria

To understand why a Certificate of Occupancy, Governor’s Consent, Excision or Ratification is important, you must first understand the law that governs virtually every land transaction in Nigeria—the Land Use Act, 1978.

Many land disputes arise because buyers focus on the documents presented by the seller without understanding the legal system that gives those documents their validity.

The Land Use Act fundamentally changed land ownership in Nigeria. Before its enactment, the legal position was considerably different, and appreciating that history makes it easier to understand why certain documents are required today.

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Land Ownership Before the Land Use Act

Before 1978, land ownership in Nigeria was largely governed by a combination of customary law, received English law and regional statutes.

In many communities, families and traditional rulers exercised significant control over land. Land could be inherited, allocated by family heads, or transferred according to customary practices. In urban areas, statutory grants also existed, creating a dual system that often led to uncertainty.

This fragmented approach created several practical problems, including:

• Multiple and conflicting claims to the same parcel of land.
• Speculation that made land increasingly unaffordable.
• Difficulty for government to acquire land for infrastructure and public development.
• Inconsistent rules across different regions of the country.

To address these issues, the Federal Military Government enacted the Land Use Act in 1978.

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Why Was the Land Use Act Introduced?

The principal objective of the Land Use Act was to create a uniform system of land administration throughout Nigeria.

Rather than allowing unrestricted private ownership of land, the Act vested all land within each state (subject to limited exceptions) in the Governor of that State to be held in trust for the use and common benefit of all Nigerians.

This principle is contained in Section 1 of the Land Use Act, which provides that all land comprised in the territory of each State is vested in the Governor, who holds it in trust and administers it for the use and common benefit of Nigerians.

This distinction is important because it explains why documents such as the Certificate of Occupancy and Governor’s Consent exist.

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What Is a Right of Occupancy?

One of the most important concepts introduced by the Land Use Act is the Right of Occupancy.

Instead of absolute ownership in the traditional sense, the law recognises a legal right to occupy and use land, subject to the provisions of the Act.

There are two principal categories:

Type of Right	Granted By	Common Example
Statutory Right of Occupancy	State Governor	Urban land covered by a Certificate of Occupancy
Customary Right of Occupancy	Local Government (subject to the Act)	Certain rural or non-urban land held under customary arrangements

For most residential, commercial and investment properties in Ogun State’s urban and rapidly developing areas, transactions usually involve a statutory right of occupancy.

Understanding this concept is essential because several title documents discussed later in this guide are directly linked to the creation, transfer or regularisation of a statutory right of occupancy.

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Why Does the Governor Play Such an Important Role?

Many buyers are surprised to learn that the Governor features prominently in private land transactions even where the government is not the seller.

The reason lies in the Land Use Act.

Since statutory rights of occupancy are granted under the authority of the Governor, the law also regulates how those rights may be transferred.

This explains why:

• Certificates of Occupancy are issued on behalf of the Governor.
• Governor’s Consent is generally required before certain transfers become legally effective.
• Government records are critical in verifying title.
• Title perfection often involves interaction with the Ogun State Lands Bureau and other land administration agencies.

This does not mean the Governor personally approves every transaction. Rather, the Governor exercises statutory powers through authorised government officials and agencies responsible for land administration.

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Does a Certificate of Occupancy Mean Absolute Ownership?

This is one of the most frequently misunderstood aspects of Nigerian property law.

A Certificate of Occupancy is undoubtedly an important title document, but it does not create an unrestricted or indefeasible ownership interest in every circumstance.

Instead, it serves as evidence that the holder has been granted a statutory right of occupancy over the land described in the certificate, subject to the conditions contained in the Land Use Act and the certificate itself.

For example, the holder may be required to:

• pay prescribed ground rent where applicable;
• comply with planning and development regulations;
• use the land for approved purposes; and
• observe other conditions imposed by law.

Failure to comply with statutory conditions may have legal consequences.

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Important Judicial Authorities

Nigerian courts have repeatedly interpreted the provisions of the Land Use Act and clarified the legal effect of Certificates of Occupancy and other land title documents.

One of the leading authorities is Ogunleye v. Oni (1990) 2 NWLR (Pt. 135) 745, where the Supreme Court emphasised that the issuance of a Certificate of Occupancy does not automatically extinguish an existing better title. A Certificate of Occupancy is strong evidence of title, but it is not conclusive where another person establishes a superior legal interest.

Similarly, in Kyari v. Alkali (2001) 11 NWLR (Pt. 724) 412, the Supreme Court reaffirmed that a Certificate of Occupancy is evidence of a right of occupancy and may be challenged where it was issued over land in respect of which another person had an existing valid interest.

These decisions underscore an important practical lesson: title documents must always be examined alongside the history of the land and the circumstances under which they were obtained.

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Why This Legal Foundation Matters

The Land Use Act provides the legal framework upon which virtually every major title document discussed in this guide is built.

Without understanding the concepts of rights of occupancy, government administration of land and statutory control over transfers, it is difficult to appreciate why buyers are advised to obtain Governor’s Consent, why title perfection is necessary, or why a Certificate of Occupancy is important but not always sufficient on its own.

With this legal foundation established, the next section examines the first and perhaps the most recognised land title document in Nigeria—the Certificate of Occupancy (C of O). We will explain what it is, what it proves, its legal effect, common misconceptions, and why every buyer should understand both its strengths and its limitations before relying on it.

Certificate of Occupancy (C of O): What It Really Means

Ask almost anyone buying land in Nigeria what the most important title document is, and the answer will almost always be the same:

“Does it have a Certificate of Occupancy?”

That question is understandable because the Certificate of Occupancy—commonly called a C of O—is one of the most recognised land title documents in Nigeria.

However, it is also one of the most misunderstood.

Many buyers assume that once a property has a Certificate of Occupancy, every legal issue has been resolved. Others believe that any land without a C of O is unsafe to purchase.

Neither assumption is entirely correct.

To make an informed investment decision, you need to understand what a Certificate of Occupancy actually is, what legal rights it confers, what it does not guarantee, and when it may still be necessary to carry out further investigations.

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What Is a Certificate of Occupancy?

A Certificate of Occupancy is an official document issued by a State Government as evidence that a person or corporate body has been granted a Statutory Right of Occupancy over a specific parcel of land.

Its legal foundation is found primarily in Sections 5 and 9 of the Land Use Act, 1978.

In simple terms, it is the government’s formal recognition that the holder has been granted the legal right to occupy and use the land described in the certificate, subject to the provisions of the Land Use Act and the conditions stated in the grant.

In Ogun State, Certificates of Occupancy are processed and issued through the appropriate land administration authorities acting on behalf of the Governor.

The document typically contains information such as:

• Name of the holder.
• File or application number.
• Location of the land.
• Survey Plan reference.
• Land size.
• Purpose of the grant (residential, commercial, industrial, agricultural, etc.).
• Date of grant.
• Term of the right of occupancy.
• Applicable conditions.

Every Certificate of Occupancy relates to a specific parcel of land identified by an approved survey.

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What Does a Certificate of Occupancy Prove?

A properly issued Certificate of Occupancy is strong evidence that the State Government has granted a statutory right of occupancy over the land described in the document.

It also demonstrates that, at the time of the grant, the government recognised the holder’s entitlement to occupy and use that parcel of land.

Among other things, a Certificate of Occupancy may:

• Provide documentary evidence of title.
• Facilitate registration of subsequent transactions.
• Improve the marketability of the property.
• Assist in obtaining mortgage financing from financial institutions.
• Increase buyer confidence during future sales.

For these reasons, properties with properly verified Certificates of Occupancy often attract greater market value than comparable properties with incomplete documentation.

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What a Certificate of Occupancy Does Not Prove

This is where many buyers make costly mistakes.

A Certificate of Occupancy is an important title document, but it is not an absolute guarantee that every aspect of the property’s title is legally flawless.

For example, a Certificate of Occupancy does not automatically prove that:

• the holder acquired the land from the rightful owner;
• there are no competing ownership claims;
• the land is free from litigation;
• the certificate was validly obtained;
• all statutory conditions have been complied with;
• there has been no fraud in the chain of title.

The Supreme Court has consistently held that a Certificate of Occupancy, although significant, cannot validate an otherwise defective title.

If another person establishes a superior legal interest, the existence of a Certificate of Occupancy alone may not defeat that prior interest.

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Does a Certificate of Occupancy Mean You Own the Land Absolutely?

Not in the unrestricted sense that many people assume.

Under the Land Use Act, what is granted is a statutory right of occupancy rather than absolute ownership free from statutory regulation.

The holder enjoys extensive legal rights over the land, including the right to occupy, develop, lease and, subject to applicable legal requirements, transfer the property.

However, those rights remain subject to:

• the Land Use Act;
• planning and building regulations;
• payment of prescribed fees and ground rent where applicable;
• the conditions contained in the Certificate of Occupancy;
• the government’s power of compulsory acquisition for overriding public purposes upon payment of legally required compensation.

This explains why even land covered by a Certificate of Occupancy may still be affected by compulsory acquisition where the law permits.

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How Long Does a Certificate of Occupancy Last?

Most Certificates of Occupancy issued in Nigeria are granted for a fixed term, commonly 99 years, although the applicable term depends on the specific grant and applicable law.

The duration is usually stated on the face of the Certificate.

The fact that many Certificates are granted for 99 years has given rise to another common misconception—that ownership automatically expires after exactly ninety-nine years regardless of the circumstances.

In practice, the legal implications at the expiration of a right of occupancy depend on the applicable law and government policy at the relevant time.

Accordingly, buyers should focus less on myths surrounding the 99-year period and more on ensuring that the existing grant is valid and properly documented.

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Information You Should Verify on a Certificate of Occupancy

Receiving a copy of a Certificate of Occupancy from a seller should never mark the end of your investigation.

Instead, it should mark the beginning of careful verification.

The following details should be examined:

Item	Why It Matters
Name of Holder	Must correspond with the lawful owner or reveal the chain of transfers.
Survey Plan Reference	Must correspond with the land being purchased.
Land Description	Confirms the exact property covered by the grant.
Area of Land	Should match the survey and transaction documents.
Date of Grant	Assists in tracing the property’s title history.
Conditions of Grant	May affect permissible use of the property.
Official Authentication	Should be independently verified through the appropriate government records.

A discrepancy between the Certificate of Occupancy and the survey plan is a significant warning sign that deserves immediate legal attention.

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Can a Certificate of Occupancy Be Forged?

Unfortunately, yes.

As land values have increased across Ogun State and other parts of Nigeria, fraudsters have become increasingly sophisticated.

Fake Certificates of Occupancy, altered survey plans, forged signatures and counterfeit government stamps have all featured in land fraud investigations.

In some cases, the document itself may appear genuine, while the fraud lies elsewhere—for example, the seller may not be the person entitled to deal with the property, or the Certificate may relate to a different parcel of land altogether.

For this reason, physical inspection of the document is never enough.

Independent verification through the relevant government records and a proper legal due diligence exercise remain essential before any purchase money is paid.

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The Position of the Nigerian Courts

The Nigerian appellate courts have consistently recognised the evidential value of a Certificate of Occupancy while making it clear that it is not conclusive proof of an indefeasible title.

In Ogunleye v. Oni (1990) 2 NWLR (Pt. 135) 745, the Supreme Court held that the mere issuance of a Certificate of Occupancy does not extinguish an existing superior title. Where another person establishes a better legal interest, the Certificate alone may not prevail.

Similarly, in Kyari v. Alkali (2001) 11 NWLR (Pt. 724) 412, the Court reiterated that a Certificate of Occupancy is evidence of a right of occupancy but is capable of being challenged where the grant was made over land already subject to another valid interest.

These authorities reinforce a practical lesson for every land buyer: never rely solely on the existence of a Certificate of Occupancy without investigating the property’s root of title.

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Having established what a Certificate of Occupancy is and, equally importantly, what it is not, the next section examines another document that is frequently misunderstood by land buyers—the Governor’s Consent. Although many people assume it is merely an administrative formality, it plays a critical role in the lawful transfer of interests in land under the Land Use Act.

Governor’s Consent: Why It Is Required After Buying Land

One of the most misunderstood concepts in Nigerian property law is Governor’s Consent.

Many buyers believe that once they have signed a Deed of Assignment and paid the purchase price, they have completed every legal requirement necessary to become the owner of the land.

While payment and execution of the transaction are certainly important, they are often not the end of the legal process.

Where the land is held under a statutory right of occupancy, the Land Use Act places a further legal requirement on the transfer of that interest. That requirement is commonly known as Governor’s Consent.

Understanding when it is required, why it exists, and the consequences of failing to obtain it can save a property buyer from significant legal complications in the future.

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The Legal Basis for Governor’s Consent

The requirement for Governor’s Consent is found principally in Section 22 of the Land Use Act, 1978.

That provision generally prohibits the holder of a statutory right of occupancy from alienating—that is, transferring, assigning, mortgaging, subleasing or otherwise dealing with—the right of occupancy without the consent of the Governor first had and obtained.

The objective of the law is to enable the State Government to maintain an orderly system of land administration and keep accurate records of changes in ownership.

Although the requirement has generated considerable legal debate over the years, it remains a central feature of land transactions involving statutory rights of occupancy.

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What Exactly Is Governor’s Consent?

Governor’s Consent is the formal approval granted by the Governor of a State—or by authorised officials acting on the Governor’s behalf—to the transfer of an existing statutory right of occupancy from one person to another.

It is important to appreciate that the consent does not create the sale transaction.

The sale itself is negotiated and agreed upon by the parties.

Governor’s Consent is the statutory approval required by law for the transfer of the legal interest where the Land Use Act applies.

In practical terms, it is government recognition that the interest previously held by the seller has now been lawfully transferred to the buyer.

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A Simple Practical Example

Consider the following scenario.

Mrs. A obtained a Certificate of Occupancy over a residential plot in Abeokuta in 2015.

In 2026, she decides to sell the property to Mr. B.

The parties execute a Deed of Assignment, and Mr. B pays the agreed purchase price.

Although the transaction has been completed between the parties, the legal process is generally not complete until the necessary application for Governor’s Consent is processed and approved in accordance with the applicable law and administrative procedures.

This is why experienced property lawyers usually advise clients that buying land and perfecting title are related but distinct stages of the transaction.

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When Is Governor’s Consent Required?

Governor’s Consent is commonly required where there is a transfer of an existing statutory right of occupancy or an interest derived from it.

Examples include:

• Sale of land.
• Assignment of land.
• Transfer of developed property.
• Certain gifts of land.
• Creation of a legal mortgage.
• Long-term leases in appropriate circumstances.

The precise legal position may vary depending on the nature of the transaction and the interest being transferred. Consequently, legal advice should always be obtained before assuming that consent is unnecessary.

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Transactions That Commonly Require Governor’s Consent

Transaction	Governor’s Consent Usually Required?	Remarks
Sale of land with a Certificate of Occupancy	Yes	The buyer should ordinarily perfect title after completion.
Assignment of an existing statutory right of occupancy	Yes	Section 22 of the Land Use Act is generally applicable.
Creation of a legal mortgage	Yes	Financial institutions usually insist on compliance.
Transfer by gift	Generally Yes	Legal advice should be obtained on the particular facts.
Initial grant of a Certificate of Occupancy by Government	No	The grant itself originates from the Government.

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If the Land Already Has a Certificate of Occupancy, Why Is Governor’s Consent Still Necessary?

This question is frequently asked by land buyers.

The answer lies in the distinction between the creation of a statutory right of occupancy and its subsequent transfer.

The Certificate of Occupancy evidences the original grant of the statutory right.

When the holder later decides to sell or assign that right to another person, Section 22 of the Land Use Act generally requires the Governor’s approval before the transfer becomes fully regularised under the statutory framework.

In other words:

• The Certificate of Occupancy establishes the original grant.
• Governor’s Consent facilitates the lawful recognition of the subsequent transfer.

These are different legal functions.

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What Happens If Governor’s Consent Is Not Obtained?

This area has generated considerable judicial interpretation.

Without delving into technical legal debates, the safer and widely accepted practical approach is this:

Where Governor’s Consent is required, buyers should take prompt steps to obtain it as part of title perfection.

Failure to do so may create difficulties when:

• selling the property in the future;
• using the property as collateral for bank financing;
• registering title documents;
• establishing an unbroken chain of title;
• dealing with government authorities.

In commercial practice, purchasers, banks and institutional investors generally expect title to have been properly perfected.

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Governor’s Consent vs Deed of Assignment

These two documents are often confused, but they perform entirely different legal functions.

Deed of Assignment	Governor’s Consent
Records the agreement transferring the seller’s interest to the buyer.	Represents the statutory approval of that transfer where required by law.
Executed by the parties to the transaction.	Granted by the State Government through authorised officials.
Forms part of the purchaser’s title documents.	Completes an important stage of title perfection for many transactions.
Usually prepared by a lawyer acting for the parties.	Usually obtained through an application made to the appropriate land administration authority.

Both documents are important, but neither replaces the other.

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Judicial Authorities on Governor’s Consent

The courts have considered the effect of Section 22 of the Land Use Act in numerous decisions.

Among the leading authorities is Savannah Bank (Nig.) Ltd. v. Ajilo (1989) 1 NWLR (Pt. 97) 305, in which the Supreme Court emphasised the mandatory nature of the consent requirement under the Land Use Act in the context of certain land transactions.

Subsequent decisions have further examined the legal consequences of non-compliance in different factual situations, demonstrating that the application of Section 22 can be nuanced. For this reason, legal advice should always be tailored to the specific transaction rather than based on general assumptions.

From a practical standpoint, the safest course for buyers remains the same: where Governor’s Consent is required, it should be obtained as part of the title perfection process.

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Why Every Property Buyer Should Care About Governor’s Consent

For many buyers, Governor’s Consent appears to be an administrative procedure that can be ignored until a future sale. In reality, it is a significant component of a secure property transaction.

Obtaining the necessary consent helps maintain a clear chain of title, enhances the property’s commercial value, facilitates future dealings with financial institutions and government agencies, and reduces the likelihood of avoidable legal disputes over ownership documentation.

It should therefore be viewed not as an unnecessary expense, but as an investment in the legal security of the property.

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While Governor’s Consent relates to the transfer of an existing statutory right of occupancy, many land buyers in Ogun State first encounter a different issue altogether—whether the land falls within government acquisition. This is where the concepts of Excision and Gazette become critically important. The next section explains what an excision is, how it occurs, and why understanding it is essential before buying land in Ogun State.

Excision: What It Means and Why It Matters in Ogun State

If there is one concept that causes more confusion than the Certificate of Occupancy and Governor’s Consent, it is Excision.

Real estate advertisements frequently contain phrases such as:

• “Land in an excised area.”
• “Excision in progress.”
• “Committed excision.”
• “Excision has been approved.”
• “Free from government acquisition.”

Unfortunately, these expressions are often used without proper explanation. In some cases, they are even used misleadingly to persuade unsuspecting buyers to purchase land that has no recognised legal status.

Before investing in land anywhere in Ogun State, it is important to understand what an excision is, how it comes into existence, what legal protection it offers, and—equally importantly—its limitations.

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What Is Government Acquisition?

To understand excision, you must first understand government acquisition.

From time to time, the government acquires large areas of land for public purposes such as:

• Construction of roads and highways.
• Public housing schemes.
• Schools and universities.
• Hospitals.
• Industrial layouts.
• Government offices.
• Agricultural projects.
• Urban expansion and physical planning.

When land is acquired for such purposes, the acquisition may cover extensive areas occupied by several communities or families.

This does not necessarily mean that every part of the acquired land will eventually be required for the specific public project.

In many cases, after detailed surveys and planning exercises, government determines that only a portion of the acquired land is actually needed.

The remaining areas may then be released back to the indigenous communities through the process known as excision.

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What Is an Excision?

An Excision is the formal release by the State Government of a defined portion of land from an existing government acquisition.

In simple terms, government says:

“Although this larger area was originally acquired by the State, this specific portion is no longer required for the intended public purpose and is therefore released from the acquisition.”

The released land may thereafter be occupied, transferred or developed by the benefiting indigenous community or families, subject to applicable laws and government procedures.

This is why excision is often described as the government’s recognition that a particular parcel of land has been removed from an earlier acquisition.

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Why Does Government Grant an Excision?

There are several reasons why a State Government may decide to excise land.

One of the most common is the long-standing occupation of the land by indigenous communities before the acquisition.

Rather than retaining land that is no longer required for the public project, government may release certain portions so that affected communities can continue to occupy, develop or transfer them in accordance with the law.

The decision to grant an excision is an administrative and policy decision of government. It is not automatic simply because members of a community request it.

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How the Excision Process Generally Works

Although administrative procedures may change from time to time, the excision process generally follows a series of stages.

Stage	Description
Government Acquisition	The State acquires a large expanse of land for public purposes.
Community Representation	The affected indigenous community seeks the release of land not required by Government.
Survey and Verification	Government agencies identify the precise area proposed for release.
Approval	The appropriate government authority approves the excision.
Official Documentation	The approved excision is reflected in official government records and may subsequently be published in a Gazette.

Because the process involves technical surveys and government approvals, buyers should never assume that an excision exists simply because a community or developer says so.

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An Excision Does Not Cover Every Plot in a Community

This is one of the most important points that every buyer should understand.

When government approves an excision, it does not automatically release every parcel of land within the community.

The excision relates only to the specific land identified in the approved survey and government records.

Consequently, two adjoining plots may have entirely different legal status.

For example:

• Plot A may fall squarely within the excised area.
• Plot B, only a few metres away, may remain under government acquisition.

This is precisely why a professional charting of the survey plan is indispensable before any purchase is completed.

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Does an Excision Automatically Give You Good Title?

No.

An excision addresses only one important issue—it confirms that the specified land has been released from government acquisition.

It does not automatically establish:

• who owns the land;
• whether the seller has authority to sell it;
• whether the land has already been sold to another person;
• whether there is pending litigation affecting the property;
• whether there are boundary disputes;
• whether subsequent title documents have been properly executed.

An excision therefore forms only one part of the overall due diligence process.

Other investigations remain necessary before payment is made.

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Can Excised Land Be Sold?

Generally, yes.

Once land has been validly excised and all other legal requirements have been satisfied, the benefiting owners may transfer their interests in accordance with applicable law.

However, buyers should ensure that:

• the excision genuinely covers the land;
• the seller belongs to the family or community entitled to deal with the land;
• the necessary family or community consents have been obtained where applicable;
• the survey plan corresponds with the excised portion;
• there are no competing ownership claims.

Failure to verify these matters can result in expensive litigation long after the purchase has been completed.

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The Courts and Government Acquisition

Nigerian courts have consistently recognised the power of government to acquire land for overriding public purposes, provided that the acquisition is carried out in accordance with the law.

The courts have also recognised that disputes concerning title often depend not merely on whether land was acquired by government, but whether the land in question was subsequently released, whether the claimant can establish a valid root of title, and whether the relevant statutory procedures were followed.

Accordingly, proving that land lies within an excised area does not, by itself, resolve every question relating to ownership.

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Why Buyers Often Confuse Excision with Gazette

Many people use the words “Excision” and “Gazette” interchangeably.

They are closely related, but they are not the same thing.

An excision refers to the government’s decision to release land from acquisition.

A Gazette, on the other hand, is the official government publication through which approved excisions and other governmental notices are formally made public.

This distinction is crucial because not every claim of an approved excision is supported by an official Gazette, and buyers should understand the legal significance of each.

In the next section, we examine what a Gazette is, why it is regarded as one of the strongest indicators of an approved excision, and the common misconceptions surrounding gazetted land in Ogun State.

Gazette: What It Is and Why It Is So Important in Land Transactions

Few expressions inspire more confidence among land buyers than the words “Gazetted Land.”

Estate marketers often advertise:

• “Land with Gazette.”
• “Gazetted estate.”
• “Government-approved Gazette.”
• “Buy now—Gazette already secured.”

For many buyers, the mere mention of a Gazette is enough to conclude that the land is completely free from legal problems.

While a Gazette is undoubtedly an important title document in the context of excised land, it is not a magic document that cures every defect in title.

To appreciate its legal significance, it is necessary to understand what a Gazette actually is and what it proves.

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What Is a Gazette?

A Gazette is an official publication issued by the government for the purpose of publishing notices, regulations, appointments, legal instruments and other matters of public importance.

In land administration, a Gazette commonly serves as the official publication through which an approved excision is made public.

Where an excision has been approved, the Gazette identifies the land that has been released from government acquisition and records the relevant details of that release.

This publication provides an official public record that can be relied upon when verifying the legal status of land.

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The Relationship Between Excision and Gazette

Many buyers mistakenly believe that an excision and a Gazette are the same document.

They are not.

The relationship between them can be understood as follows:

• An Excision is the government’s decision to release specified land from acquisition.
• A Gazette is the official publication recording that approved release.

Think of it this way.

The excision is the decision.

The Gazette is the official publication of that decision.

Excision	Gazette
Government releases land from acquisition.	Government officially publishes that release.
Administrative approval.	Official public record.
Defines the land being released.	Documents the approved excision.
Occurs before publication.	Reflects the approved excision.

Understanding this distinction is essential because a claim that land has been excised should ordinarily be capable of verification through the relevant official records, including the Gazette where applicable.

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What Information Does a Gazette Usually Contain?

Although the format may differ depending on the publication and the period in which it was issued, a Gazette relating to land generally contains information such as:

• The name of the benefiting community or family.
• The location of the land.
• The extent of the land released.
• Survey references or descriptions.
• The relevant government approval.
• The date of publication.

These details assist lawyers, surveyors and government officials in determining whether a particular parcel of land falls within the released area.

However, the Gazette alone is rarely sufficient. The survey plan of the specific property must still be compared with the official records.

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Does the Existence of a Gazette Mean My Particular Plot Is Covered?

Not necessarily.

This is one of the most dangerous assumptions made by land buyers.

A Gazette usually relates to a defined area of land identified by approved surveys and descriptions.

If the plot you intend to purchase falls outside that defined area—even by a relatively short distance—it may not benefit from the excision reflected in the Gazette.

For example, imagine that an indigenous community receives an approved excision covering 500 hectares.

Years later, additional land beyond those approved boundaries is informally offered for sale by individuals within the same community.

Although both parcels may be described by sellers as being “within the gazetted community,” only the land that actually falls inside the approved excision benefits from the Gazette.

This is why charting the survey plan is indispensable.

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Is a Gazette Better Than a Certificate of Occupancy?

This question is frequently asked, but it is based on a misconception.

A Gazette and a Certificate of Occupancy perform different legal functions.

One is not necessarily “better” than the other.

Gazette	Certificate of Occupancy
Relates primarily to approved excision.	Evidence of a statutory right of occupancy.
Shows that specified land has been released from acquisition.	Shows that government has granted a statutory right over the land.
Often benefits communities or indigenous landowners.	Usually issued to an individual or corporate holder.
Does not by itself transfer ownership.	Does not by itself cure defects in the chain of title.

The appropriate document depends on the stage of the property’s title history.

Many properties that were originally situated within an excised and gazetted area are subsequently the subject of individual Certificates of Occupancy after further processing by the owners.

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Can Gazetted Land Still Be Acquired by Government?

This is perhaps the most misunderstood issue relating to gazetted land.

Some people believe that once land has been included in a Gazette, government can never acquire it again.

That belief is incorrect.

A Gazette records the release of land from an earlier acquisition. It does not permanently remove the government’s constitutional and statutory powers to acquire land in the future where an overriding public purpose exists and the law is complied with.

For example, if government later decides to construct:

• a major expressway;
• a railway corridor;
• a public hospital;
• an airport expansion;
• a dam or other strategic infrastructure,

land that was previously gazetted may still become the subject of a fresh acquisition, provided the applicable legal requirements are observed, including compensation where required by law.

Accordingly, the existence of a Gazette should never be interpreted as an absolute guarantee against every future governmental acquisition.

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How Should a Gazette Be Verified?

Verification should never be limited to reading a photocopy supplied by the seller.

A proper due diligence exercise typically involves:

• Examining the Gazette reference and publication details.
• Comparing the Gazette information with the property’s survey plan.
• Charting the survey plan through the appropriate government office.
• Confirming that the land lies within the approved excised area.
• Investigating whether there are any subsequent government actions affecting the property.

This process is best carried out by an experienced property lawyer working with a licensed surveyor where necessary.

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Common Fraud Involving Gazettes

Fraudsters sometimes exploit buyers’ limited understanding of Gazettes by engaging in practices such as:

• Presenting a genuine Gazette that relates to an entirely different parcel of land.
• Claiming that an entire estate is covered by a Gazette when only a small section falls within the approved excision.
• Producing incomplete extracts without the relevant survey information.
• Misrepresenting land with an “excision in progress” as already gazetted.

Because of these risks, buyers should resist the temptation to rely on marketing materials or verbal assurances, no matter how convincing they appear.

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A Gazette Is an Important Piece of the Puzzle—Not the Entire Puzzle

A Gazette is undoubtedly one of the strongest indicators that land has been officially released from an earlier government acquisition. It can significantly strengthen a property’s title history and increase buyer confidence.

Nevertheless, it does not replace the need to investigate ownership, verify the seller’s authority, examine the chain of title, chart the survey plan, review planning restrictions and conduct comprehensive legal due diligence.

In property transactions, no single document should ever be viewed in isolation.

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Although a Gazette confirms that land has been officially released from acquisition, many properties in Ogun State are instead described as having Ratification. This is another concept that is frequently misunderstood. In the next section, we examine what ratification means, when it applies, and how it differs from both an Excision and a Gazette.

Ratification: What It Means in Ogun State Land Transactions

Another term that frequently appears in land transactions, particularly in Ogun State and Lagos State, is Ratification. Unfortunately, it is also one of the least understood.

Some sellers describe ratification as though it is the same thing as an excision. Others market land as “ratification in progress” without explaining what that actually means or what legal implications it has for a prospective buyer.

In reality, ratification serves a different purpose from both an excision and a gazette.

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What Is Ratification?

Ratification is generally a government regularisation process through which certain transactions involving government-acquired land or land that has not been fully regularised may be recognised by the relevant State Government, subject to applicable laws, policies and administrative requirements.

In practical terms, it is a process through which government may acknowledge and regularise an existing interest that would otherwise be affected by issues relating to government acquisition or incomplete title documentation.

Because ratification is largely driven by government policy and administrative practice, the precise procedure and eligibility requirements may change from time to time.

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When Does Ratification Usually Arise?

Ratification commonly arises where:

• land falls within an area previously acquired by government;
• the land has been allocated or sold without complete government documentation;
• government creates a framework for existing occupiers or purchasers to regularise their interests; or
• a developer undertakes a government-approved regularisation exercise for an estate.

Not every property is eligible for ratification, and not every government acquisition is capable of being regularised in this manner.

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Ratification, Excision and Gazette Compared

Document or Process	Primary Purpose	Typical Stage
Excision	Releases specified land from government acquisition.	Before individual title is perfected.
Gazette	Official publication of an approved excision.	After excision has been approved.
Ratification	Regularises certain existing interests under applicable government policy.	Depends on the circumstances of the property.

Although these concepts are related to government land administration, they are neither identical nor interchangeable.

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Deed of Assignment: The Document That Transfers Ownership

Regardless of whether land is covered by a Certificate of Occupancy, Gazette, Excision or Ratification, every purchaser should pay close attention to one document that forms the backbone of most private land transactions—the Deed of Assignment.

If the Certificate of Occupancy establishes a statutory right of occupancy, the Deed of Assignment is usually the instrument through which that interest is transferred from one private party to another.

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What Is a Deed of Assignment?

A Deed of Assignment is a legally binding document through which a property owner (the Assignor) transfers his or her legal interest in land to another person (the Assignee).

It records the terms of the transaction and forms a critical part of the purchaser’s chain of title.

In most land transactions, the Deed of Assignment should accurately describe:

• the parties to the transaction;
• the property being transferred;
• the consideration (purchase price);
• the root of the seller’s title;
• the rights being transferred; and
• the obligations of the parties.

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Why Is the Deed of Assignment So Important?

A buyer may have paid the full purchase price, taken possession of the land and even fenced it. However, without proper documentation evidencing the transfer, proving ownership in the future may become unnecessarily difficult.

A professionally prepared Deed of Assignment helps establish an unbroken chain of ownership from one proprietor to the next.

It also serves as one of the principal documents required during title perfection.

Document	Function
Receipt	Acknowledges payment.
Deed of Assignment	Transfers the legal interest in the property.
Survey Plan	Identifies the land being transferred.
Governor’s Consent	Approves the transfer where required by law.

A receipt alone is not a substitute for a properly drafted Deed of Assignment.

Similarly, possession of land without appropriate documentation may expose a purchaser to avoidable legal disputes.

The Supreme Court has repeatedly recognised that title to land may be proved in various ways, including by production of valid documents of title. One of the leading authorities is Idundun v. Okumagba (1976) 9–10 SC 227, which remains a foundational decision on the methods of proving title to land in Nigeria.

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Title Perfection: Completing the Legal Process

Many buyers believe that the transaction ends once payment has been made and the Deed of Assignment has been signed.

From a legal perspective, however, an important stage often remains—title perfection.

Title perfection refers to the process of completing all legal and administrative requirements necessary to ensure that the purchaser’s interest is properly recognised and reflected in the government’s land records.

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Why Is Title Perfection Necessary?

Title perfection provides several practical benefits.

• It strengthens the purchaser’s documentary title.
• It facilitates future sales.
• It assists when obtaining mortgage finance.
• It reduces uncertainty regarding ownership.
• It improves the marketability and value of the property.

Buyers frequently postpone title perfection in an attempt to save money. Years later, they discover that government charges have increased, documents have been misplaced or previous owners can no longer be located to execute required documents.

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What Does Title Perfection Usually Involve?

Although the precise requirements vary depending on the property’s history, title perfection may include:

• preparation of a properly drafted Deed of Assignment;
• payment of applicable stamp duties;
• registration of title documents where required;
• obtaining Governor’s Consent where applicable;
• updating government land records.

The exact procedure depends on the nature of the transaction and the title documents already available.

Stage	Purpose
Execution of Deed	Documents the transfer.
Stamping	Compliance with applicable revenue laws.
Governor’s Consent (where applicable)	Approves transfer of the statutory right of occupancy.
Registration	Places the transaction on official government records.

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Why Excised Land May Still Be Acquired for Roads and Other Public Purposes

One of the persistent myths in the Nigerian property market is that once land has been excised and gazetted, it can never again be acquired by government.

As explained earlier, this is not the legal position.

An excision removes land from an earlier government acquisition. It does not permanently extinguish the government’s statutory power to acquire land in the future for overriding public purposes.

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What Is an Overriding Public Purpose?

The Land Use Act recognises the power of government to revoke rights of occupancy for overriding public purposes, subject to the provisions of the Act.

Examples include:

• construction of federal or state highways;
• railway projects;
• public schools;
• government hospitals;
• electricity transmission infrastructure;
• major drainage and flood control projects;
• strategic security installations.

Where the law authorises such acquisition, the government may revoke existing rights of occupancy, subject to compliance with statutory procedures, including compensation where applicable.

The Supreme Court has considered the exercise of powers under the Land Use Act in several decisions, emphasising that revocation must comply with the provisions of the Act. The legality of any particular revocation depends on its facts and compliance with statutory requirements.

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A Practical Example

Suppose a family purchased land within a properly gazetted excision in 2027 and constructed residential buildings on the property.

Five years later, the State Government approves the expansion of a major highway connecting two rapidly developing towns.

If part of the property falls within the approved road alignment and the statutory requirements are satisfied, the land may lawfully become subject to acquisition notwithstanding its earlier excision.

This does not mean the earlier Gazette was invalid.

Rather, it illustrates the difference between:

• release from a previous acquisition; and
• a fresh acquisition undertaken years later for a different overriding public purpose.

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Due Diligence Before Buying Land in Ogun State

No title document—whether a Certificate of Occupancy, Gazette, Excision, Ratification or Deed of Assignment—eliminates the need for proper legal due diligence.

Due diligence is the process of independently verifying every material fact relating to the property before committing your money.

For many buyers, this is the single most important stage of the transaction.

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Why Due Diligence Matters

A relatively modest investment in legal due diligence before purchase can prevent years of litigation, financial loss and uncertainty.

Many disputes that reach Nigerian courts could have been avoided if the buyer had carried out adequate investigations before paying the purchase price.

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Comprehensive Due Diligence Checklist

Investigation	Why It Is Important
Verify the identity of the seller.	Ensures the seller has legal authority to dispose of the property.
Review the root of title.	Confirms how the seller acquired the property.
Obtain and examine the Survey Plan.	Identifies the exact parcel of land.
Chart the Survey Plan.	Determines whether the land falls within acquisition, excision or committed areas.
Inspect the property physically.	Confirms boundaries, occupation and possible encroachments.
Search government records.	Verifies title documentation and official records.
Investigate pending litigation.	Identifies ongoing disputes affecting the property.
Confirm planning and zoning restrictions.	Ensures intended development is permissible.
Prepare professionally drafted transaction documents.	Protects the purchaser’s legal interests.
Commence title perfection promptly after purchase.	Strengthens the buyer’s legal position.

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Why Charting the Survey Plan Is Essential

Charting a survey plan is one of the most valuable investigations a purchaser can undertake before buying land in Ogun State.

Through charting, the property’s survey is compared with official government records to determine, among other things, whether the land:

• falls within government acquisition;
• is covered by an approved excision;
• lies within a gazetted area;
• is affected by committed government schemes;
• raises other issues requiring further investigation.

Skipping this step simply because the seller appears trustworthy or because an estate is popular can expose the buyer to significant avoidable risk.

Survey Plan: The Foundation of Every Safe Land Purchase

Before discussing Governor’s Consent, it is important to examine another document that is often overlooked by first-time buyers but is indispensable in virtually every land transaction—the Survey Plan.

Many buyers devote considerable attention to whether a property has a Certificate of Occupancy, a Gazette or an Excision. Yet, they pay little attention to the document that identifies the very land they intend to buy.

This is a costly mistake.

No matter how impressive a property’s title documents appear, they are of little practical value if they do not relate to the exact parcel of land being purchased. The Survey Plan provides that crucial link.

In many property disputes, the issue is not whether the parties have documents, but whether those documents relate to the same land. A professionally prepared Survey Plan helps eliminate uncertainty by defining the precise identity and location of the property.

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What Is a Survey Plan?

A Survey Plan is a technical document prepared by a licensed and registered surveyor showing the precise location, dimensions and boundaries of a parcel of land.

It is prepared after the surveyor carries out field measurements using recognised surveying equipment and establishes the property’s position by reference to approved survey controls and coordinates.

Although a Survey Plan does not by itself confer ownership, it is one of the most important documents in any land transaction because it identifies the exact property to which the ownership documents relate.

In practical terms, the Survey Plan answers a simple but fundamental question:

“Which specific piece of land is being bought?”

Without that certainty, even the strongest title documents can become the subject of dispute.

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Why Every Parcel of Land Should Have a Professionally Prepared Survey Plan

Every parcel of land intended for sale, transfer, mortgage or development should have a professionally prepared Survey Plan.

A properly prepared survey benefits both the buyer and the seller by providing certainty regarding the property’s identity and extent.

Among other things, it:

• identifies the precise land being transferred;
• reduces the likelihood of boundary disputes;
• assists lawyers during title investigations;
• enables government charting and verification;
• supports future title perfection;
• facilitates planning approvals and development applications; and
• helps ensure that subsequent title documents accurately describe the property.

In Ogun State, where neighbouring communities may have different land histories and acquisition statuses, an accurate Survey Plan is particularly important.

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What Information Does a Survey Plan Contain?

Although Survey Plans may differ slightly in presentation, a professionally prepared plan will ordinarily contain important technical information that enables the land to be accurately identified.

This commonly includes:

• the name of the client or landowner;
• the location of the property;
• the total land area;
• the property’s dimensions;
• beacon numbers identifying boundary points;
• survey coordinates;
• the scale used for the survey;
• a north arrow showing orientation;
• the surveyor’s name, signature and professional authentication; and
• the survey plan number and date of preparation.

Each of these details contributes to the accurate identification of the land.

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Beacon Numbers, Coordinates and Surveyor’s Authentication

Many buyers notice the small symbols, numbers and technical markings on a Survey Plan but do not appreciate their significance.

For example, beacon numbers identify the physical boundary points of the land. During site inspections, these beacons assist surveyors in locating and confirming the property’s boundaries.

Coordinates provide the property’s precise geographical position. Unlike a verbal description such as “the third plot after the transformer,” coordinates identify land with scientific precision.

The scale enables measurements on the plan to correspond accurately with measurements on the ground.

Equally important is the surveyor’s authentication. A Survey Plan should be prepared by a qualified surveyor authorised to practise in Nigeria. Buyers should not rely on anonymous sketches, hand-drawn diagrams or unsigned plans presented as substitutes for a professional survey.

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Why the Survey Plan Identifies the Exact Land Being Purchased

Property ownership concerns a specific parcel of land—not merely a general neighbourhood or community.

A seller may truthfully state that he owns land in Mowe, Shimawa, Ibafo or Abeokuta. However, that statement alone does not identify which particular plot belongs to him.

The Survey Plan removes that uncertainty by defining the exact boundaries of the property.

It enables lawyers, surveyors and government agencies to determine whether the land described in the transaction documents corresponds with the land physically shown on the ground.

This precision becomes particularly important where neighbouring properties have different ownership histories or legal status.

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Why Two Adjoining Plots May Have Completely Different Legal Status

One of the most surprising realities of land transactions in Ogun State is that two adjoining plots may have entirely different legal characteristics.

For example:

• one plot may fall within an approved excision while the adjoining plot remains under government acquisition;
• one plot may be affected by a proposed road alignment while the neighbouring plot is not;
• one plot may already have a perfected title while the adjoining parcel has unresolved ownership disputes;
• one plot may form part of a committed acquisition reserved for future public infrastructure.

To the casual observer, both plots may appear identical. Legally, however, they may be vastly different.

This is precisely why buyers should never assume that because a neighbouring property is safe, the land they intend to purchase must also be safe.

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Why You Should Never Rely on Another Person’s Survey Plan

Some buyers attempt to save money by relying on a Survey Plan previously prepared for a neighbouring plot or another purchaser within the same estate.

This approach is risky.

Even where the plots appear similar, the Survey Plan may relate to a different parcel with different coordinates, beacon numbers and legal status.

A survey prepared for another purchaser does not identify your land unless it specifically corresponds with the property you are buying.

Always ensure that the Survey Plan presented for verification relates to the exact plot forming the subject of your transaction.

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Practical Ogun State Examples

Consider a purchaser buying land in a rapidly developing community along the Lagos–Ibadan corridor.

The seller informs the buyer that several neighbouring plots have already been developed into residential buildings and therefore concludes that the land must be free from government acquisition.

Following professional charting of the Survey Plan, it is discovered that the specific plot being sold falls within a committed road corridor earmarked for future expansion, while the neighbouring developed plots lie outside the proposed alignment.

In another example, two adjoining plots in the same community may appear identical during physical inspection. After charting, one is found to lie within an approved excision reflected in official government records, while the other extends beyond the approved boundaries.

These examples illustrate why legal due diligence must focus on the precise land being acquired rather than assumptions based on surrounding development.

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Why Charting a Survey Plan Is Essential Before Making Payment

Preparing a Survey Plan is only one part of the process.

The next critical step is charting.

Charting is the process of comparing the Survey Plan with official government records to determine the legal status of the land.

It is one of the most valuable investigations a purchaser can undertake before paying for property.

Through charting, it may be possible to establish whether the land:

• falls within government acquisition;
• is covered by an approved excision;
• lies within a gazetted area;
• is affected by a committed acquisition;
• falls within an existing or proposed road alignment;
• raises other issues requiring further legal investigation.

Charting therefore enables buyers to make informed decisions based on official records rather than assumptions or marketing representations.

Without Charting	With Charting
Buyer relies largely on the seller’s representations.	Buyer verifies the property’s status against official government records.
Hidden acquisition issues may remain undiscovered.	Government acquisition and committed areas may be identified before payment.
Neighbouring developments may create a false sense of security.	The investigation focuses on the exact plot being purchased.
Higher risk of expensive future disputes.	Informed decision-making based on objective verification.

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Common Mistakes Buyers Make

Other common mistakes include:

• accepting an unsigned or incomplete Survey Plan;
• relying solely on the seller’s explanation of the survey;
• failing to compare the survey details with the property shown on the ground;
• assuming every plot within an estate has the same legal status;
• using another purchaser’s Survey Plan for due diligence.

Each of these errors can expose a buyer to unnecessary legal and financial risk.

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Having established the importance of the Survey Plan and the need to chart it before making payment, we can now examine another critical stage in a land transaction. Even where the property has a valid Certificate of Occupancy and its location has been verified through a Survey Plan, the transfer of that interest often requires another important legal step—Governor’s Consent.

Common Land Scams Involving Land Purchases in Ogun State

Ogun State has become one of Nigeria’s most attractive destinations for residential, commercial and industrial property investment. Its proximity to Lagos, expanding road network and increasing urban development have created significant opportunities for genuine investors.

Unfortunately, the same factors have also attracted fraudsters.

Every year, unsuspecting buyers lose substantial sums of money because they rely on verbal assurances, incomplete documentation or hurried transactions instead of carrying out proper legal due diligence.

Some scams are sophisticated and involve forged government documents. Others are surprisingly simple and succeed only because buyers fail to verify basic information before making payment.

The encouraging reality is that many of these scams are entirely preventable.

Understanding how they operate is one of the best ways to protect your investment.

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1. Omo Onile Issues

“Omo Onile” is a term commonly used to describe individuals or groups claiming ancestral or customary interests in land. Not every person described as an Omo Onile is acting unlawfully. In many communities, indigenous families legitimately own and transfer family land.

The problem arises where individuals who have no legal authority attempt to interfere with lawful transactions or demand repeated payments from purchasers after a sale has been completed.

Examples include:

• demanding “foundation fees” after construction begins;
• requesting separate payments for fencing, roofing or roofing materials;
• challenging a sale already completed by authorised family representatives;
• claiming ownership despite previous valid transfers.

These disputes often arise because the buyer failed to establish whether the persons conducting the sale were properly authorised under the applicable customary law.

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2. Multiple Sale of the Same Land

One of the oldest and most common land scams in Nigeria involves selling the same parcel of land to multiple buyers.

In some cases, the first purchaser delays taking possession or documenting the transaction. The dishonest seller then sells the same property again to another buyer.

In other cases, different family members independently purport to sell the same land without the knowledge or approval of one another.

The result is often prolonged litigation, competing title documents and significant financial loss.

Practical Example:

A purchaser buys a plot in Ibafo and delays fencing it because construction is planned for the following year. Six months later, another buyer begins construction on the same land, claiming to have purchased it from the same family. Both buyers possess receipts, but only a thorough investigation of the transaction history can determine the competing rights.

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3. Fake Certificates of Occupancy

Fraudsters have become increasingly sophisticated in producing documents that appear authentic.

A fake Certificate of Occupancy may contain:

• counterfeit seals;
• forged signatures;
• fabricated file numbers;
• altered survey references; or
• details copied from genuine documents relating to entirely different properties.

Because modern printing technology can produce convincing reproductions, visual inspection alone is insufficient.

The authenticity of the Certificate should be independently verified through the appropriate government records.

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4. Fake Gazette Claims

Some sellers present a genuine Gazette that relates to a completely different community or parcel of land.

Others claim that an estate is “covered by a Gazette” when only a small portion of the surrounding area actually falls within the approved excision.

There are also instances where sellers confuse an application for excision with an approved Gazette.

Without charting the Survey Plan, a buyer may wrongly assume that the specific plot being purchased benefits from the Gazette.

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5. Fake or Altered Survey Plans

A Survey Plan should accurately identify the land being sold.

Unfortunately, some fraudsters alter survey details, substitute coordinates or reuse Survey Plans prepared for different parcels.

In more serious cases, entirely fictitious Survey Plans are created.

This is one of the reasons why charting the Survey Plan before payment is indispensable.

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6. Selling Land Under Government Acquisition

Some sellers knowingly market land that remains under government acquisition without disclosing that fact.

The buyer discovers the problem only after:

• charting the survey;
• applying for title perfection;
• receiving a government notice; or
• commencing construction.

In many instances, this problem could have been identified before payment through proper charting and legal due diligence.

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7. Selling Family Land Without Necessary Family Consent

Family land occupies a unique position under Nigerian property law.

Where land belongs to a family, the authority to dispose of it is generally governed by customary law and judicial decisions.

A sale conducted without the participation or authority of the appropriate family representatives may expose the transaction to legal challenge.

For this reason, buyers should not assume that every person claiming to be a family member has authority to transfer family property.

The Supreme Court has repeatedly considered disputes involving family land and the authority of those purporting to sell it. Each transaction must therefore be carefully examined on its own facts.

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8. Selling Community Land Without Proper Authority

Community land presents similar risks.

Individuals sometimes claim authority to sell communal land without the approval of the recognised traditional institutions or authorised representatives responsible for managing that land.

Where the necessary authority is absent, the purchaser may later face competing claims from the community itself.

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9. Forged Deeds of Assignment

A forged Deed of Assignment may appear professionally drafted and properly executed.

However, signatures may have been forged, witnesses fabricated or the supposed assignor may never have participated in the transaction.

In some instances, the document is genuine but relates to an entirely different property.

This is why lawyers investigate both the document and the surrounding transaction rather than relying solely on appearances.

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10. Buying Solely Through Estate Marketers Without Independent Verification

Estate marketers perform an important role in introducing buyers to available properties.

However, they should not be regarded as substitutes for independent legal advice.

Some marketers simply repeat information supplied by the developer without independently verifying its accuracy.

Others may unintentionally make statements outside their area of expertise regarding title documentation or government approvals.

A prudent buyer should independently verify every material representation before making payment.

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11. Buying Land That Is the Subject of Pending Litigation

Some parcels of land are already the subject of ongoing court proceedings before they are offered for sale.

Unsuspecting buyers may complete the purchase without discovering that ownership is actively being contested.

Although litigation does not automatically prevent every transaction, it is a material fact that should be disclosed and carefully evaluated before the purchase proceeds.

A search of relevant records and enquiries into the property’s history may reveal disputes that require further investigation.

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12. Buying Land Affected by Existing or Proposed Road Alignments

Rapid infrastructure development across Ogun State has increased the importance of verifying road alignments before purchasing land.

A parcel that appears ideal for residential development may later be found to fall within:

• a proposed highway expansion;
• a major drainage corridor;
• a future transport project; or
• another public infrastructure alignment.

These issues are not always obvious during physical inspection.

Professional charting and planning enquiries significantly reduce this risk.

Practical Example:

A buyer acquires roadside property near a rapidly developing corridor in Ogun State because commercial development appears imminent. During the planning stage, it is discovered that part of the land falls within the proposed expansion corridor for a major road project. Earlier planning enquiries could have identified the issue before purchase.

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13. Buying Land Using Forged Powers of Attorney

Where property is being sold through an attorney rather than the owner personally, the Power of Attorney should be carefully examined.

Fraudsters sometimes rely on forged, expired or revoked Powers of Attorney to sell property they have no authority to dispose of.

The authenticity, scope and continuing validity of the instrument should be independently verified before the transaction proceeds.

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14. Identity Fraud by Impostors

Identity fraud has become increasingly sophisticated.

In some cases, an impostor claims to be the registered owner of the property.

In others, forged identity documents are used to impersonate directors of companies, attorneys or family representatives.

Verification of identity should therefore form part of every due diligence exercise.

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Scam – How It Happens – How to Avoid It

Scam	How It Happens	How to Avoid It
Omo Onile disputes	Unauthorised persons interfere with or challenge the transaction.	Verify customary authority and engage a property lawyer.
Multiple sales	The same land is sold to more than one buyer.	Investigate title, take prompt possession and complete documentation.
Fake Certificate of Occupancy	Counterfeit or altered title documents are presented.	Verify authenticity through official government records.
Fake Gazette	A Gazette relating to different land is presented.	Chart the Survey Plan against the Gazette.
Fake Survey Plan	Coordinates or survey details are altered.	Use a licensed surveyor and chart the survey.
Land under acquisition	Government status is concealed.	Conduct official charting before payment.
Family or community land sold without authority	Necessary consent is absent.	Verify ownership and authority to sell.
Forged Deed of Assignment	Transaction documents are falsified.	Have documents professionally reviewed.
Estate marketing misrepresentations	Buyer’s decision is based solely on promotional claims.	Independently verify every material representation.
Pending litigation or road alignment	Material risks are undisclosed.	Carry out legal searches and planning enquiries.
Forged Power of Attorney	Fraudster claims authority to sell.	Verify the validity and scope of the instrument.
Identity fraud	Impostor pretends to be the owner or authorised representative.	Confirm identity and supporting documentation before payment.

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The common feature in almost every land scam is that the buyer relied on assumptions instead of independent verification. A modest investment in professional legal due diligence before making payment is often the difference between acquiring a secure property and becoming involved in years of avoidable litigation.

The next section brings together the practical steps discussed throughout this guide into a comprehensive Due Diligence Checklist that every land buyer and property investor should complete before purchasing land in Ogun State.

The Complete Due Diligence Checklist Before Buying Land in Ogun State

Purchasing land should never be treated as a matter of simply paying the purchase price and collecting documents. A prudent buyer investigates both the property and the seller before committing to the transaction.

Many disputes that eventually reach Nigerian courts could have been avoided if proper due diligence had been carried out before payment. Whether you are buying land to build a family home, establish a business, or invest for future appreciation, the same principle applies: verify first, pay later.

The following checklist reflects the practical approach that an experienced property lawyer would ordinarily adopt before advising a client to proceed with a land purchase in Ogun State.

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Step 1: Verify the Seller’s Identity

The first question is often the simplest, yet one of the most important:

Who exactly is selling the land?

Before examining title documents, ensure that the person presenting himself or herself as the owner is legally entitled to dispose of the property.

The level of verification will depend on the nature of the seller.

• If the seller is an individual, confirm his or her identity using reliable means of identification and verify that the personal details correspond with the title documents.
• If the seller is acting through an attorney, carefully examine the Power of Attorney to confirm that it is valid, subsisting and sufficiently authorises the sale.
• If the seller is a company, verify the company’s corporate status and ensure that the transaction is being undertaken by persons authorised to bind the company.
• If the property belongs to a deceased person, confirm that the personal representatives have lawful authority to deal with the estate.

Identity verification is no longer a mere formality. Fraudsters increasingly impersonate landowners using forged identification documents and fabricated transaction histories.

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Step 2: Investigate the Root of Title

Every property has a legal history. Lawyers refer to this history as the root of title.

The root of title explains how the seller acquired ownership and provides the foundation upon which the present transaction rests.

Depending on the circumstances, the seller’s title may have originated from:

• a Certificate of Occupancy;
• customary ownership;
• an approved excision;
• a gazetted excision;
• a Deed of Assignment;
• a court judgment;
• a vesting order; or
• inheritance.

It is not enough for the seller to produce documents. Those documents should form a coherent and traceable chain of ownership leading to the present transaction.

Where there are unexplained gaps, inconsistent dates or conflicting ownership claims, further investigation is necessary before any payment is made.

As recognised in the landmark decision of Idundun v. Okumagba (1976) 9–10 SC 227, title to land may be established through several recognised methods. Understanding the seller’s root of title is therefore fundamental to assessing the strength of the transaction.

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Step 3: Verify Family Authority Where the Land Is Family Property

Many parcels of land in Ogun State are family land held under customary law.

Where this is the case, buyers should determine whether those conducting the sale possess the necessary authority to dispose of the property.

Questions that should be considered include:

• Is the land truly family land?
• Who are the recognised representatives of the family?
• Have the principal family members participated in or approved the transaction where required?
• Has the land already been allocated or sold to another person?

Failure to investigate these issues may result in competing claims after the purchase has been completed.

Practical Example:

A buyer purchases land from one branch of a family in Sagamu after receiving assurances that everything has been settled. Months later, another branch of the same family challenges the transaction, alleging that the sellers lacked authority to dispose of the land. Early legal investigation could have revealed the dispute before payment.

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Step 4: Examine All Title Documents Carefully

Every title document should be reviewed critically rather than accepted at face value.

This includes examining:

• Certificates of Occupancy;
• Deeds of Assignment;
• Gazettes;
• Survey Plans;
• Powers of Attorney;
• Receipts and historical documents supporting the chain of title.

The objective is not merely to confirm that documents exist, but to determine whether they are authentic, internally consistent and capable of supporting the seller’s claim to ownership.

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Step 5: Chart the Survey Plan

Charting the Survey Plan is one of the most valuable investigations that can be undertaken before buying land in Ogun State.

Through charting, the property’s location is compared against official government records to determine its legal status.

This exercise may reveal whether the land:

• falls within government acquisition;
• benefits from an approved excision;
• lies within a gazetted area;
• is affected by a committed acquisition;
• falls within a proposed road alignment; or
• requires further investigation.

Skipping this step simply because neighbouring properties have been developed can expose a purchaser to unnecessary risk.

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Step 6: Search Relevant Government Records

Official records frequently reveal information that cannot be obtained from the seller alone.

Depending on the circumstances of the transaction, appropriate searches may be conducted to verify:

• registered title documents;
• government approvals;
• existing encumbrances;
• prior registrations;
• other matters affecting the property.

Government searches should complement—not replace—other due diligence investigations.

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Step 7: Confirm Planning and Development Restrictions

Purchasing land does not automatically entitle the owner to develop it in any manner he or she chooses.

Before completing the purchase, determine whether the intended use of the property is compatible with applicable planning regulations.

For example, land intended for residential development may be unsuitable for heavy industrial use. Likewise, planning restrictions may affect building height, density, access requirements or environmental considerations.

Understanding these issues before purchase prevents costly surprises after acquisition.

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Step 8: Investigate Whether the Property Is Subject to Litigation

Land that is already the subject of litigation presents additional legal risks.

Although pending litigation does not necessarily invalidate every proposed transaction, it is a material fact that should be carefully evaluated before proceeding.

Your lawyer should make reasonable enquiries to determine whether ownership of the property is currently being contested or whether there are existing court orders affecting the land.

Practical Example:

A buyer acquires land believing that the seller has undisputed ownership. After payment, the purchaser learns that the land has been the subject of ongoing litigation for several years between two branches of the same family. The dispute delays development and substantially increases legal costs.

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Step 9: Conduct a Thorough Physical Inspection

No amount of documentation should replace an inspection of the property itself.

A physical inspection enables the buyer to:

• confirm the property’s location;
• verify boundaries;
• identify existing occupation;
• observe possible encroachments;
• assess access roads and surrounding development.

Inspection should ideally be undertaken with the Survey Plan available for comparison.

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Step 10: Confirm Road Setbacks and Future Infrastructure

Infrastructure development across Ogun State continues at a rapid pace.

Accordingly, buyers should determine whether the property is affected by:

• existing road setbacks;
• proposed road widening projects;
• drainage corridors;
• railway alignments; or
• other public infrastructure proposals.

Failure to investigate these issues may result in acquiring land that cannot be developed as intended.

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Step 11: Confirm There Are No Overriding Government Interests

Even where land appears free from government acquisition, further enquiries should establish whether any overriding governmental interest affects the property.

This may include committed acquisitions, public utility reservations or other statutory restrictions that could influence future development.

Understanding these matters before purchase enables the buyer to make an informed commercial decision.

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Step 12: Review All Transaction Documents Before Signing

Every document should accurately reflect the parties’ agreement.

Before execution, ensure that the documentation correctly states:

• the identity of the parties;
• the purchase price;
• the property description;
• the Survey Plan details;
• the seller’s warranties;
• completion obligations; and
• the applicable dispute resolution provisions where appropriate.

Well-drafted transaction documents reduce ambiguity and provide greater legal certainty if disputes later arise.

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Step 13: Complete Title Perfection Promptly

Many purchasers mistakenly believe that the transaction ends once payment has been made.

In reality, important post-completion steps often remain.

Depending on the circumstances of the property, title perfection may include:

• payment of applicable stamp duties;
• obtaining Governor’s Consent where required;
• registration of relevant instruments; and
• updating government land records.

Delaying title perfection unnecessarily may increase costs and create avoidable complications in future transactions.

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Complete Due Diligence Checklist

Step	Action Required	Purpose
1	Verify the seller’s identity.	Ensure the seller has authority to sell.
2	Investigate the root of title.	Confirm the legal history of the property.
3	Verify family authority where applicable.	Avoid disputes involving family land.
4	Examine all title documents.	Confirm authenticity and consistency.
5	Chart the Survey Plan.	Determine the property’s legal status.
6	Search relevant government records.	Verify official records and registrations.
7	Confirm planning restrictions.	Ensure the intended development is permissible.
8	Investigate pending litigation.	Identify existing legal disputes.
9	Inspect the property physically.	Confirm location, boundaries and occupation.
10	Confirm road setbacks.	Avoid future infrastructure conflicts.
11	Investigate overriding government interests.	Identify public reservations and restrictions.
12	Review transaction documents.	Ensure legal accuracy and protection.
13	Complete title perfection.	Strengthen and formalise ownership.

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A careful buyer does not rely on luck, assumptions or verbal assurances. By systematically following the due diligence steps outlined above, you significantly reduce the risk of acquiring defective title or becoming involved in avoidable disputes.

In the final part of this guide, we answer the most frequently asked questions about Certificates of Occupancy, Governor’s Consent, Excision, Gazette, Ratification and land purchases in Ogun State, before concluding with practical guidance for prospective buyers and property investors.

Frequently Asked Questions (FAQs) About Land Titles in Ogun State

Buying land is one of the most significant financial decisions many people will ever make. It is therefore natural to have questions about Certificates of Occupancy, Governor’s Consent, Excision, Gazette, Ratification and other title documents. Below are answers to some of the questions we are most frequently asked by land buyers and property investors in Ogun State.

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1. Is a Certificate of Occupancy (C of O) proof of ownership?

A Certificate of Occupancy is strong evidence that the holder has been granted a statutory right of occupancy over the land by the government. However, it is not always conclusive proof of ownership.

For example, where a Certificate of Occupancy was obtained through fraud, mistake or misrepresentation, or where another person establishes a better title, the courts may invalidate it. This is why a Certificate of Occupancy should always be considered alongside the property’s history and other title documents.

Before purchasing land, it is advisable to investigate the seller’s root of title rather than relying solely on the existence of a Certificate of Occupancy.

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2. Can I buy land without a Certificate of Occupancy?

Yes. Many legitimate properties in Ogun State do not yet have individual Certificates of Occupancy.

For example, land may be covered by an approved excision, a Gazette, or another valid root of title. In such cases, it may still be safe to purchase the property provided proper legal due diligence is conducted and the title is capable of being perfected.

The absence of a Certificate of Occupancy does not automatically make a property unsafe. What matters is the overall quality of the title and the results of your legal investigation.

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3. What is the difference between a Certificate of Occupancy and Governor’s Consent?

A Certificate of Occupancy is usually the document through which the government grants a statutory right of occupancy over land.

Governor’s Consent, on the other hand, is generally required when that existing statutory right of occupancy is transferred from one person to another, in accordance with the Land Use Act.

In simple terms, a Certificate of Occupancy creates the statutory right, while Governor’s Consent approves certain subsequent transfers of that right.

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4. Is Excision the same as a Gazette?

No.

An Excision is the government’s decision to release a specified parcel of land from acquisition.

A Gazette is the official publication through which an approved excision is made public.

They are closely related but they are not the same thing. The excision is the decision; the Gazette is the official record of that decision.

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5. Can gazetted land still be acquired by the government?

Yes.

A Gazette confirms that the land was previously released from government acquisition. It does not permanently prevent the government from acquiring the land in the future for overriding public purposes such as:

• major highways;
• railway projects;
• public hospitals;
• schools;
• other strategic public infrastructure.

Any future acquisition must, however, comply with the applicable provisions of the law.

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6. Is Governor’s Consent compulsory after buying land?

Where the transaction involves the transfer of a statutory right of occupancy, Governor’s Consent is generally required under the Land Use Act.

Whether it applies in a particular transaction depends on the property’s title history and the nature of the interest being transferred.

Your property lawyer should advise whether Governor’s Consent forms part of the title perfection process for your purchase.

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7. What is title perfection?

Title perfection refers to the process of completing all legal and administrative requirements necessary to strengthen and formalise your ownership after purchasing property.

Depending on the transaction, this may include:

• executing a Deed of Assignment;
• paying stamp duties;
• obtaining Governor’s Consent where applicable; and
• registering the relevant documents.

Prompt title perfection helps protect your investment and makes future transactions much easier.

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8. Can family land have a Certificate of Occupancy?

Yes.

Family land is capable of being covered by a Certificate of Occupancy where the applicable legal requirements are satisfied.

However, before purchasing family land, it is essential to confirm that those selling the property have the necessary authority under the applicable customary law to dispose of it.

Failure to verify family authority may expose the buyer to future disputes.

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9. Can one Survey Plan cover several plots of land?

Yes, depending on the circumstances.

A Survey Plan may relate to a larger parcel of land comprising several plots. However, before purchasing an individual plot, you should ensure that the plot you intend to buy is clearly identified within that larger survey.

You should never assume that because another purchaser’s plot falls within a survey, your own plot automatically enjoys the same legal status.

Your lawyer and surveyor should confirm that the specific land being purchased corresponds with the Survey Plan relied upon.

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10. What is Ratification?

Ratification is generally a government regularisation process through which certain interests in land may be recognised or regularised, subject to applicable government policies and legal requirements.

It is different from an Excision, a Gazette or a Certificate of Occupancy.

If a seller claims that land has “ratification,” ask for documentary evidence and have your lawyer independently verify its status.

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11. Can I verify land documents myself?

You may inspect documents personally, but legal verification goes far beyond reading photocopies supplied by the seller.

Proper due diligence may involve charting the Survey Plan, investigating the root of title, searching government records, examining transaction documents and identifying potential legal risks.

For this reason, engaging an experienced property lawyer before making payment is strongly recommended.

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12. What is the safest title to buy in Ogun State?

There is no single document that automatically makes every property “safe.”

A property with a Certificate of Occupancy may still have defects in its chain of title, while another property without a Certificate of Occupancy may have a perfectly valid and marketable title.

The safest property is one whose ownership has been thoroughly investigated, whose Survey Plan has been charted, whose title documents have been verified, whose seller has legal authority to sell, and whose transaction has been properly documented and perfected.

Conclusion: Protect Your Investment Before You Buy

Purchasing land is one of the most significant financial decisions most people will ever make. Whether you are buying a residential plot, commercial property, agricultural land or investing for the future, the quality of the title is just as important as the location and price.

Throughout this guide, we have examined the legal concepts that every land buyer in Ogun State should understand before committing to a purchase. While terms such as Certificate of Occupancy, Governor’s Consent, Excision, Gazette, Ratification, Survey Plan, Deed of Assignment and Title Perfection may initially appear technical, they each play a distinct role in determining whether your investment is legally secure.

Understanding these concepts empowers you to ask the right questions, recognise potential risks and make informed decisions before paying for land.

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Key Takeaways

• A Survey Plan identifies the exact parcel of land being purchased. Without it, it is impossible to determine with certainty whether the property shown on the ground corresponds with the documents presented by the seller.
• A Certificate of Occupancy is an important title document, but it should never be treated as automatic proof that every aspect of the property’s title is free from defects.
• Governor’s Consent is generally required where a statutory right of occupancy is transferred, and failure to comply with applicable legal requirements can create avoidable complications.
• An Excision represents the government’s decision to release specific land from acquisition, while a Gazette is the official publication recording that approved release.
• Ratification is a separate government regularisation process and should not be confused with either an Excision or a Gazette.
• A properly prepared Deed of Assignment documents the transfer of ownership and forms an essential part of the purchaser’s chain of title.
• Title Perfection should not be postponed unnecessarily. Completing the required post-purchase processes strengthens your legal position and makes future transactions considerably easier.
• Most importantly, no single document—regardless of how impressive it appears—can replace thorough legal due diligence.

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Why Legal Due Diligence Should Always Come Before Payment

The overwhelming majority of property disputes do not arise because buyers intended to make poor decisions. They arise because important investigations were never carried out before payment was made.

Relying solely on verbal assurances, glossy estate brochures or photocopies of title documents exposes purchasers to unnecessary legal and financial risks. A transaction that appears straightforward may conceal issues such as defective title, government acquisition, competing ownership claims, pending litigation, planning restrictions or forged documentation.

Comprehensive legal due diligence helps uncover these issues before they become expensive problems.

For this reason, prudent land buyers should ensure that, before making payment:

• the seller’s identity and authority have been verified;
• the root of title has been investigated;
• the Survey Plan has been professionally charted;
• government records have been searched where appropriate;
• planning and development issues have been considered;
• the transaction documents have been professionally reviewed; and
• a clear strategy exists for completing title perfection after purchase.

These steps require time and professional expertise, but they are often far less costly than attempting to resolve a defective land transaction through prolonged litigation.

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Why You Should Engage a Property Lawyer Before Paying

A licensed surveyor, estate surveyor and experienced property lawyer each plays a distinct role in protecting a purchaser’s investment.

Your lawyer’s role extends beyond preparing documents. A competent property lawyer should:

• review the seller’s title;
• conduct or coordinate title investigations;
• identify legal risks;
• advise on the transaction structure;
• prepare and negotiate transaction documents;
• guide the title perfection process.

Property purchases often involve substantial financial commitments. Obtaining legal advice before payment is usually far less expensive than attempting to resolve a defective title through years of litigation.

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How Edelweiss Partners Can Help

At Edelweiss Partners, we understand that buying land is more than a financial transaction—it is an investment in your future. Our role is to help you minimise legal risk and ensure that your investment is built on a solid legal foundation.

We regularly advise individuals, families, developers, businesses and investors on property transactions across Ogun State and other parts of Nigeria.

Our property law services include:

• Land title verification and legal opinion.
• Survey Plan review and charting coordination.
• Comprehensive legal due diligence before purchase.
• Title searches and investigation of ownership.
• Preparation and review of Deeds of Assignment and other transaction documents.
• Applications for Governor’s Consent where applicable.
• Title perfection and registration of land documents.
• Property advisory services for individuals, developers and investors.
• Preventive legal advice aimed at avoiding future land disputes.

Every property transaction presents unique legal issues. Obtaining professional advice before committing your funds can significantly reduce the risk of avoidable disputes and help ensure that your ownership is properly protected from the outset.

If you are considering purchasing land in Ogun State, require assistance with title verification, need help perfecting your title, or would like professional legal guidance on any aspect of a property transaction, Edelweiss Partners is available to assist you.

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Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Nigerian land transactions often involve facts and legal issues that are unique to each property. Before purchasing land or making any property investment decision, you should obtain legal advice based on the specific circumstances of your transaction.

Oki Achika Esq, Managing Partner