Nigeria property guide
Certificate of Occupancy vs Governor’s Consent: A Lagos Buyer’s Guide
Understand C of O and Governor’s Consent in Lagos property files, trace the seller’s interest and check parcel, transaction and authority evidence.
By MarkMyProperty · Updated
Coverage: Lagos, Nigeria; statutory, customary, federal and other land situations require transaction-specific legal review.
Do not treat the two labels as competing guarantees
A Certificate of Occupancy, often shortened to C of O, and Governor’s Consent address different aspects of a land interest and a transaction. A property advertisement that mentions one label does not, by itself, tell you what interest the seller holds or how the proposed transfer will be completed.
Begin with the property file rather than the marketing phrase. Ask who holds the relevant interest, how it was acquired, which parcel it concerns and what exactly will be transferred to you. The answers need document and official-record support, interpreted for the particular land situation.
Understand the legal distinction in context
Nigeria’s Land Use Act addresses certificates of occupancy in section 9 and consent to alienation of statutory rights of occupancy in section 22. In broad terms, a C of O evidences an occupancy right, while consent concerns a specified dealing with the right. Neither label eliminates the need to investigate the underlying interest and transaction.
The correct authority and procedure depend on the land and circumstances. Federal-land situations, customary rights and other cases can need different analysis. Ask a Nigerian property lawyer to identify the applicable route instead of assuming every Lagos parcel follows a single standard document sequence.
Trace the seller’s interest and the proposed assignment
Request the root document and the later instruments that explain how the current seller acquired the interest. Have your lawyer check parties, dates, descriptions, term, restrictions and required consent or registration steps. A document in a former holder’s name needs to be connected to the seller’s claimed interest.
Ask what has been completed and what remains pending. If the sale depends on a future consent or other administrative step, get professional advice about the contractual arrangement, risks, responsibilities and evidence of completion. A promise to “perfect title later” should be turned into specific questions, not accepted as a completed outcome.
Match the legal parcel with the land you inspect
Compare the survey references, description and extent with the site being offered. Arrange suitable survey and official-record checks, including questions about acquisition, restrictions, competing interests and the proposed use. Check the seller’s authority independently, including where a company, estate, family or representative is involved.
A lister’s map boundary is useful for identifying the advertised location. It cannot prove a legal boundary or that a purported title document applies to that rectangle. Ask the surveyor and lawyer to reconcile the physical site and the property file.
- Identify the root document and later transaction chain.
- Verify the seller’s legal capacity and authority.
- Match survey identifiers and the actual parcel.
- Record consent, registration and other steps as complete or pending.
Worked example: the old holder and the current seller
This is a fictional document-review scenario, not a legal opinion on any real property.
An advertisement says “C of O available”
The C of O supplied is in an earlier holder’s name. The person advertising the land claims to have acquired it through a later assignment, but the complete assignment and consent history are not supplied.
The buyer asks the lawyer to trace the chain, verify the current seller’s interest and identify what is required for the proposed transfer. The presence of the earlier document alone does not answer those questions or justify a payment.
Write the completion questions before negotiating payment
Request an itemised estimate for legal work, searches, survey review, applicable administrative charges and transaction steps. Confirm what each provider will do and which government evidence will be delivered. Do not treat a general fee percentage found online as a current official quotation.
Keep possession, boundary, access and permitted-use questions beside the legal-document review. Browse Nigeria listings to identify possible properties, then investigate the actual offer. A visible listing or revealed contact does not verify the title, the seller or a promised transfer outcome.
Sources and further reading
Frequently asked questions
Are C of O and Governor’s Consent interchangeable?
No. They concern different aspects of an occupancy right and a dealing with it. Have the actual file and proposed transaction reviewed in context.
Does a C of O in a previous holder’s name prove the seller can sell?
Not by itself. Trace the intervening documents, authority and required transaction steps to establish the current seller’s claimed interest.
Does one procedure apply to every Lagos property?
No. The land situation and transaction can affect the authority and legal route, including federal and customary cases.