How to Draft a Deed of Assignment and Common Mistakes to Avoid

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Deeds of assignment in Nigeria exhibit variations across states due to differences in local land registration laws, administrative practices, and fee structures, all governed by the overarching Land Use Act of 1978. These instruments transfer leasehold interests in land, but state-specific nuances affect drafting, stamping, consent processes, and registration. While core requirements remain consistent nationwide, execution and perfection timelines diverge significantly.

State-Specific Legal Frameworks

Lagos State enforces stringent protocols under the Lagos State Land Registration Law 2015, mandating electronic submission via the E-Consent portal for Governor’s Consent, which accelerates processing to 30-90 days for urban properties. In contrast, Abuja’s Federal Capital Territory operates through the Abuja Geographic Information System (AGIS), requiring biometric verification and public notices, often extending timelines to 6 months amid high demand.​

Rivers and Delta States in the Niger Delta region emphasize excision approvals for subdivided lands, integrating environmental impact assessments for oil-adjacent plots, per state supplements to the Land Use Act. Northern states like Kano and Kaduna blend statutory deeds with Sharia-influenced customary endorsements, necessitating Alkali court validations for family lands.​

Registration and Stamping Variations

Stamp duty rates differ: Lagos and Ogun charge 1.5% on property value via FIRS, with additional 0.75% registration fees, while Enugu and Anambra impose flat rates up to N50,000 for low-value transactions. Oyo State’s registry demands physical surveys with red beacons, unlike digital plans accepted in Anambra’s streamlined portal.​

Witness requirements vary minimally—typically two per party—but Imo State insists on notary public attestation for non-residents. Post-stamping, registration priority confers indefeasibility: first-filed deeds prevail in Lagos, but Kano allows caveats for disputes.​

Consent and Fee Structures

Governor’s Consent fees scale by state: Lagos levies 1.5-8% based on location (premium in Ikoyi), Rivers caps at 5% with premium surcharges, and Bauchi offers waivers for indigenous buyers. Processing fees range from N20,000 in Ebonyi to N200,000+ in Abuja, with publication costs in state gazettes mandatory everywhere except pilot digital states.​

Delays plague Abuja and Port Harcourt (up to 12 months), versus efficient 2-3 months in Ekiti. Foreign assignees face extra scrutiny in Lagos via NIPC proxies, absent in less cosmopolitan Cross River.​

Common Mistakes to Avoid with Property Deeds

Skipping Due Diligence Checks

Buyers frequently overlook thorough title searches at state land registries, exposing them to hidden encumbrances like government acquisitions or family claims from “Omonile” sellers in Yoruba areas. This mistake leads to litigation, as seen in cases where forged Certificates of Occupancy (C of O) surface later. Always verify the chain of title for 15-30 years, including litigation histories via court portals.​

Ignoring Document Verification

Accepting unverified papers, such as outdated survey plans or incomplete deeds, ranks high among errors, allowing fraudsters to peddle multiple assignments on the same plot. In Lagos, fake beacons cause boundary clashes; cross-check with Lands Bureau records and hire sworn surveyors. Unstamped or unregistered deeds hold no legal weight against third parties.​

Bypassing Governor’s Consent

Failing to obtain gubernatorial approval voids assignments of statutory rights exceeding three years, per Section 22 of the Land Use Act, nullifying transactions despite payment. Delays in states like Rivers amplify risks; apply promptly post-execution, budgeting 1.5-8% fees. Incomplete perfection leaves buyers vulnerable to forfeiture.​

Neglecting Professional Surveys

Omitting fresh surveys with red/blue prints invites encroachment disputes, especially in subdivided estates where original plans mismatch reality. Northern states like Kano add customary boundary affirmations; insist on registry-approved diagrams before payment. This step confirms acreage and beacons legally.​

Overlooking Stamp Duties and Registration

Non-payment of FIRS stamp duties (1.5-3%) or state fees renders deeds inadmissible in court, while late registration loses priority to subsequent buyers. Lagos’ E-Consent mandates e-stamping; track timelines to avoid penalties up to 10x the duty. Bulk sellers in Ogun often bundle, but individuals must file personally.​

Disregarding Zoning and Family Consents

Purchasing without zoning checks risks residential land reclassified for industry, or ignoring Umunna/Igbo family nods sparks revocation. Environmental scans in Delta avoid flood zones; consult physical planning departments early. Sellers concealing communal interests compound issues in Eastern states

Legal Steps to Transfer Property Ownership

Preliminary Due Diligence

Conduct comprehensive title searches at the relevant Lands Registry or Bureau (e.g., Lagos Land Bureau) to confirm the seller’s ownership via Certificate of Occupancy (C of O), prior deeds, and absence of encumbrances, caveats, or litigation. Engage a lawyer to review the root title chain (15-30 years), obtain a valuation report from a registered estate surveyor, and perform site inspections for boundaries and developments. In customary areas, secure family head or community consents to avert “Omonile” claims.​

Negotiation and Agreement Execution

Draft a Sale Agreement outlining price, payment milestones (e.g., 10-50% deposit), timelines, and warranties against defects, signed by both parties with witnesses. Include clauses for refunds on failed consents and non-refundable deposits. Pay initial sums via bank drafts, evidenced by receipts, triggering the next phase.​

Property Survey and Documentation

Hire a licensed surveyor for a fresh plan with beacons, approved by the state surveyors council (red for Lagos, blue prints standard). Compile documents: original C of O, prior deeds, tax clearances, survey plan, valuation, and passport photos. This verifies acreage and prevents overlaps in subdivided plots.​

Deed Preparation and Execution

Solicitors draft the Deed of Assignment (or Conveyance for freeholds), detailing parties, property recital, operative transfer clause, covenants, and consideration. Execute under seal with signatures from seller, buyer, and two witnesses each; date it post-full payment or balance handover.​

Governor’s Consent Application

Submit the executed deed to the state Governor (or Minister for FCT) for approval under Section 22 of the Land Use Act, via online portals like Lagos E-Consent or AGIS. Pay fees (1.5-8% of value), publish notices in two newspapers and gazette, and await clearance (30 days to 6 months).​

Stamping and Registration

Assess and pay stamp duties to FIRS (1.5-3% within 30 days), then register at the Lands Registry for indefeasibility priority . Additional state fees apply; obtain endorsed copies. Late stamping incurs penalties up to 10x.