What deed of assignment means
A deed of assignment is the instrument that moves land from one person to another.
The seller is called the assignor. The buyer is the assignee. What is being transferred is not ownership in the absolute sense, because under the Land Use Act land in each state is vested in the Governor. What actually moves is the unexpired residue of the seller's right of occupancy, which is why the word assignment is used rather than sale.
Money changing hands does not transfer land. A receipt does not transfer land. The deed does.
How it is used
It sits at the centre of almost every Nigerian property purchase. The parties negotiate, often sign a sale agreement, the buyer conducts searches, and at completion the deed of assignment is executed and the balance paid.
After execution the work is not finished. The deed is stamped by the Federal Inland Revenue Service, Governor's consent is obtained where the title is statutory, and the deed is registered at the state lands registry. Buyers who stop at execution are the ones who discover a problem years later.
Key features
- Identifies the assignor and assignee, with their capacities and addresses
- Describes the property precisely, usually by reference to a survey plan
- States the consideration paid and acknowledges receipt
- Recites the seller's root of title, showing how they came to hold it
- Executed under seal, signed by both parties and witnessed, then stamped and registered
- Contains covenants, including a warranty that the land is free of encumbrances
How this works in Nigeria
Two steps decide whether your deed is worth anything, and both are skipped constantly to save money.
The first is Governor's consent. Section 22 of the Land Use Act requires it for most transfers of statutory title, and without it the transfer risks being void. The Supreme Court has enforced this repeatedly, including in Nkwocha v. Governor of Anambra State.
The second is registration at the state lands registry. Registration gives notice to the world. An unregistered deed loses to a later buyer who purchased in good faith and registered first, which means the person who paid second can end up owning the land.
Deed of assignment vs deed of conveyance vs C of O
A deed of conveyance traditionally transfers a freehold estate. A deed of assignment transfers the unexpired residue of a leasehold interest, which, given the Land Use Act, is what nearly every Nigerian landholder actually has. That is why assignment is the standard instrument here and conveyance is comparatively rare.
The Certificate of Occupancy is a different animal entirely. It is the state's grant to the holder, the root of the title. The deed is how that holder passes it on. A complete chain has both, plus the consent and the registration that make the transfer good.
Limits and risks
A deed cannot give the buyer better title than the seller had. If the seller never held a valid interest, or the land was family land sold without the right signatures, a beautifully drafted deed transfers nothing.
It also does not settle whether the land was ever excised from government acquisition. That is a separate search, and a buyer who checks the deed but not the acquisition status can hold perfect paperwork over land the state can take.
Worth knowing
An unregistered deed of assignment can lose to a later purchaser who registers first. Paying first is not the same as being protected first.
Questions people ask
What is a deed of assignment in simple terms?
It is the document that transfers land from a seller to a buyer in Nigeria. It names both parties, describes the land, states the price, and is signed, witnessed, stamped and registered. It is what proves the land moved from them to you.
Is a deed of assignment proof of ownership?
It is the instrument of transfer, and it is central to proving your title, but on its own it is not enough. To be fully effective it normally needs Governor's consent and registration at the state lands registry. Without those, your position is weak against a later buyer.
What is the difference between a deed of assignment and a C of O?
The Certificate of Occupancy is the state's grant to the landholder, the root of the title. The deed of assignment is how that holder transfers the land to somebody else. You generally want to see both in a clean transaction.
Do I need Governor's consent for a deed of assignment?
For most transfers of statutory title, yes. Section 22 of the Land Use Act requires it, and a transfer made without it risks being void. Skipping consent to save time and cost is the single most expensive shortcut in Nigerian property.
How much does a deed of assignment cost?
There are two costs. Preparing the document, and the statutory charges, which include stamp duty and registration fees assessed on the value of the property. LegalDoc drafts a deed of assignment for ten thousand naira, and the statutory charges are paid separately to the relevant authorities.
What happens if the deed is never registered?
It remains valid between the parties but gives no notice to the world. A later buyer who purchases in good faith and registers first can defeat your claim, which is why registration is not optional in practice.
Documents that use this
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