Land title is the broad legal interest in a parcel and the chain of records supporting it. A Certificate of Occupancy (C of O) is a Governor-issued certificate evidencing a right of occupancy under section 9 of Nigeria’s Land Use Act. A deed of assignment records the transfer of an interest from one party to another. They are not interchangeable, and a C of O does not automatically cure defects in a seller’s title or make a later transfer valid.
For any purchase, verify the grantor’s interest, the exact parcel, the current registry record, applicable consent or approval, stamp duty and registration. The governing details vary by state and by whether the land is held under a statutory or customary right.
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The difference at a glance
| Term or document | What it evidences or does | Who issues or executes it | When it matters | Main limitation | Essential check |
|---|---|---|---|---|---|
| Land title | The legal interest in land together with the chain of grants, conveyances, assignments and registry records supporting that interest | Built from government grants, private instruments and official registry entries rather than one single issuer | Establishing whether a person has a transferable interest in a particular parcel | It is not one standard certificate; the chain can contain defects, gaps, competing claims or encumbrances | Trace the root of title and search the appropriate state or FCT registry |
| Certificate of Occupancy (C of O) | A certificate in evidence of a right of occupancy under section 9 of the Land Use Act | The Governor or the relevant authority acting under the applicable land regime | Documenting an original or recognised right of occupancy, subject to the certificate’s term and conditions | It is not an unrestricted freehold certificate and does not prove that every later transfer is valid or unencumbered | Authenticate it and confirm the current register, holder, term, conditions, notices and recorded interests |
| Deed of assignment | A transaction instrument recording assignment of an interest in identified land from assignor to assignee | Executed by the parties and processed for consent, stamping and registration where required | Transferring an existing interest after the parties agree the transaction | Its effect depends on the assignor’s underlying rights and compliance with consent, stamp-duty and registration rules | Check the executed deed, the title it relies on, required consent, stamp-duty evidence and registration particulars |
There is therefore no universal ranking in which one document is always “strongest.” A registered deed based on a defective or unauthorised interest cannot create a better title than the assignor had.
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What “land title” means in Nigeria
In ordinary property practice, land title means the legally recognisable interest a person has in a specific parcel and the evidence linking that person to the land. The evidence may include a government grant, a C of O, a prior deed of assignment, a vesting or court instrument, survey records and entries in the relevant land registry.
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Title is a chain, not a single paper
A buyer must be able to follow the chain from the original grant or other root through each subsequent transfer. Names, dates, parcel descriptions and boundaries should remain consistent. A deed that refers to a different plot, a missing link in the chain or an assignment signed by someone without authority can leave the buyer with an unenforceable or disputed interest even if another document appears official.
Parcel identity is part of title
The legal interest attaches to the identified parcel, not merely to an address or a building. Compare the deed and title documents with the survey plan and the physical boundary markers. For a part assignment, a survey plan is particularly important because it identifies the portion being transferred. A survey plan can identify land; it does not, by itself, prove that the person offering it owns the land.
What a Certificate of Occupancy proves—and what it does not
Section 9 of the Land Use Act provides for a certificate in evidence of a right of occupancy. In practical terms, a C of O is government evidence that the named holder has the stated right of occupancy, subject to the certificate’s conditions, duration and the Act. It is not a blanket certificate of absolute ownership comparable to an unrestricted freehold.
Read the certificate with the register
Authentication should include the issuing authority’s records, the registered holder, the parcel description, survey references, term, conditions and any endorsements. A document that looks genuine can still be irrelevant to the parcel being sold, superseded by a later entry or affected by a caveat, court order, acquisition notice or other recorded interest.
A C of O does not validate every later transaction
If the holder later assigns the interest without a required consent, or if the deed is not properly stamped or registered, the existence of the C of O does not automatically make that transfer effective. The buyer must examine the transaction instrument and the current register, not stop at the certificate.
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Revocation remains a statutory possibility
Section 28 of the Land Use Act permits revocation on stated grounds, including overriding public interest and relevant breaches. A C of O therefore does not eliminate the possibility of revocation or other statutory consequences. The buyer should check for acquisition, revocation and planning notices through the relevant authority.
What a deed of assignment does
A deed of assignment is the instrument used to record the transfer of an existing interest in identified land. The assignor transfers the interest described in the deed to the assignee, and the document normally sets out the parties, consideration, parcel description, boundaries, covenants and completion obligations.
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The deed can only transfer what the assignor is legally able to transfer. If the seller has no valid interest, lacks authority, or assigns a parcel different from the one inspected, execution of the deed does not repair that defect. The title documents on which the deed relies must be checked as carefully as the deed itself.
Consent, stamping and registration are separate steps
Signing a deed is not the same as obtaining statutory consent, paying stamp duty or registering the instrument. Those steps may be required for the transaction to be recognised, enforceable or effective against third parties. Keep the consent evidence, stamp-duty assessment or receipt and registration particulars with the executed deed.
When Governor’s consent or another approval is required
The Land Use Act distinguishes customary and statutory rights. For a statutory right of occupancy, section 22(1) generally requires prior Governor’s consent before the holder alienates the right, or any part of it, by assignment, mortgage, transfer of possession, sublease or otherwise. The statutory wording is:
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“It shall not be lawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise howsoever without the consent of the Governor first had and obtained:”
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That sentence must be read with the Act’s exceptions and the facts of the transaction. Customary rights are addressed separately, including local-government approval in the circumstances covered by section 21. Do not reduce the law to an unconditional rule that every land transaction in every state follows one identical process.
Determine the right before choosing the procedure
- Identify whether the interest is statutory or customary and whether the land is urban, rural or within a special administrative territory.
- Check the relevant state or FCT authority’s current requirements for consent, approval, document verification and registration.
- Confirm whether the transaction is an assignment, part assignment, mortgage, sublease, gift or another form of alienation; the required documents can differ.
How the documents fit together in a purchase
- Identify the parcel. Obtain the survey plan, compare dimensions and boundaries with the site and make sure the deed describes the same land.
- Establish the root of title. Collect the C of O or other root document and every intervening deed, grant or court instrument needed to connect the present holder to that root.
- Search the register. Confirm the registered holder, active status, parcel details, mortgages, caveats, court matters, pending suits, acquisition notices and any revocation or planning entry.
- Confirm authority to sell. Match the seller’s identity and capacity with the registered interest. For a company, estate, trust or attorney-held property, obtain the documents proving signing authority.
- Obtain the applicable consent or approval. Do this through the authority responsible for that right and location; do not assume a consent from one state applies in another.
- Execute the deed of assignment. Ensure the final deed identifies the correct parties, consideration, parcel, boundaries and title documents, and that all required signatures and witnessing are completed.
- Pay and evidence stamp duty. Retain the assessment and proof of payment or stamping because the deed-registration process may require a stamped instrument.
- Register the transaction. Obtain the registration number and, where issued, the register volume and page. Keep the registered deed with the title and consent documents.
What state procedures show in practice
Abia State
Abia’s Governor’s-consent service covers assignments, mortgages and subleases. Its described workflow includes registry vetting, title verification, site inspection, valuation, legal review, approval and issuance. The checks include whether the title is on the register, remains active, is held by the stated owner and is free from a caveat, court order, pending suit or acquisition notice.
Abia’s deed-registration service says registration follows any required consent. It requests the executed deed and title, and a stamped deed where stamp duty has been paid. The service checks title status and the consent relied upon, then returns a registered deed number with the relevant register volume and page. The state also lists a survey plan for a part assignment and as an optional deed-registration document.
Federal Capital Territory
The Abuja Geographic Information System (AGIS) publishes its own requirements for assignment or gift. The listed process includes outstanding-bill checks, a developed plot, a consent letter accompanied by a C of O copy and stated charges. These are FCT process requirements shown on AGIS’s page, not a nationwide checklist.
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Delta State
A Delta State Ministry of Lands and Surveys guide distinguishes statutory rights evidenced by a Governor-issued C of O for urban land from customary rights evidenced through local government for rural land. It is a state guide, so a buyer should still confirm the current law and procedure for the actual parcel.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Costs and charges: figures that need a scope label
| Charge or figure | Scope and date | What it does not include |
|---|---|---|
| 1.5% ad valorem for a Deed of Assignment | Rate displayed in the Federal Inland Revenue Service stamp-duty schedule for 2026, checked 13 October 2026 | Consent, registration, legal, survey, valuation and other transaction charges |
| 8% of property value for the listed deed-of-assignment or gift payment | Figure shown on AGIS’s live FCT process page, checked 13 October 2026; the page has no publication date in the accessible content | It is not a national benchmark and does not establish the current charge in another state |
Rates and administrative requirements can change. Before completion, obtain a transaction-specific assessment from the applicable tax authority and land registry rather than budgeting from a figure copied from another state.
Due-diligence checklist before paying or signing
- Obtain an official title search for the exact parcel, not just a photocopy supplied by the seller.
- Match the registered holder’s name, identity and authority with the person executing the deed.
- Compare the C of O, prior deeds, survey plan and physical boundaries for consistent plot numbers, dimensions and coordinates.
- Ask the registry to confirm active status and disclose caveats, mortgages, court orders, pending suits, acquisition notices and revocation entries.
- Classify the interest as statutory or customary and identify the consent or approval regime that follows from that classification.
- Confirm that required Governor’s consent or local-government approval has been obtained or that the authority has accepted the relevant application where the law permits completion in stages.
- Check stamp-duty evidence and ensure the deed is registered, receiving the registration number and register references.
- Use a Nigerian conveyancing lawyer for title and transaction review. A licensed surveyor can verify parcel identity and boundaries, but a survey alone cannot certify the seller’s legal title.
Common mistakes and how to correct them
Treating a C of O as conclusive ownership
Why it fails: The certificate evidences a right of occupancy, while later dealings, encumbrances and statutory conditions still matter.
Correction: Authenticate the certificate and search the current register, then review the entire chain and the proposed transfer.
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Why it fails: A statutory assignment may require prior Governor’s consent, and state procedures may demand additional approvals.
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Correction: Classify the right first and obtain written confirmation of the applicable consent path from the responsible authority.
Relying on a survey plan as proof of ownership
Why it fails: A survey identifies land but does not establish that the grantor owns or can transfer it.
Correction: Use the survey for parcel verification and pair it with registry searches and root-of-title review.
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Why it fails: Abia, the FCT and Delta publish different process details, and online charges can change.
Correction: Request the current checklist and assessment for the state or territory where the parcel is located.
Stopping after execution
Why it fails: Signing does not itself prove stamping, consent or registration.
Correction: Complete each perfection step and retain documentary proof, including the final registration particulars.
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Practical conclusion
Think of the three terms as different layers of one transaction. Land title is the underlying legal interest and its chain of proof. A C of O is government evidence of a right of occupancy under section 9. A deed of assignment is the instrument that records a later transfer. A safe purchase requires all three layers to align with the parcel, the registry and the applicable consent, stamping and registration rules.
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