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DOCUMENTS REQUIRED FOR PROPERTY TRANSFER IN NIGERIA.

One of the first things that anyone interested in buying a property in Nigeria must first know is the right Documents required for property transfer in Nigeria. Having the right knowledge will prove to be a lifesaver as it deems compulsory to have an understanding of what’s required to complete a property transfer process. 

The Nigerian real estate market happens to be a huge player in the Nigerian economy today with a lot of investors and entrepreneurs earning mouthwatering passive incomes and returns on a growing scale. However, only a few of these players have thought to learn the necessity of the right documentations in property dealings across Nigeria. According to the West Africa Financial Service Leader, Andrew Nevin, the Nigerian property transfer market, is one of the most important sectors to create jobs and alleviate unemployment. No wonder it has been projected to grow by 3% in 2020. 

Property transfer deals with the alienation of interest inland. It involves several distinct procedures under the law, to make it a perfect and legally binding act, on both parties involved. While a lot of investors in the Nigerian Real Estate industry would rather get a lawyer to settle all legal issues involved in their land transfers, only a few wise ones would bother about the process of the land transfer. 

Today, the Land Use Act enacted in 1978 under the Obasanjo’s military regime, has been recognized as the principal enactment, which governs the administration and transfer of land and all properties within the Nigerian jurisdiction, to interested parties. This enactment, among other enactments, also recognizes several documents, required, for property transfer in Nigeria.

In the process of property transactions and investment, an investor must pay closer attention to the processes leading to the transfer, rather than only bother about the money spent, as many real estate investors conduct themselves in property transfer in Nigeria. as such, there is a daily hike, in the number of cases in court, arising from real estate deals owing to the poor attention given to it processes by investors. Primarily, an investor, who wishes to enjoy maximum returns, in property transfers, must, therefore, master the various documents needed for property transfers in Nigeria.

Below, we will be paying close attention, to these documents, to better educate and arm the average real estate investor, with the adequate know-how to excel in property transactions.

  1. Deed of Assignment,
  2. Sale of Land Agreement,
  3. Certificate of occupancy,
  4. Right of occupancy,
  5. Power of Attorney,
  6. Deed of Mortgage,
  7. Governors consent,
  8. Tenancy agreement.
  1. DEED OF ASSIGNMENT.

This is a primary document required for property transfer in Nigeria, which evidences the assignment of a property, from the seller of the land (known as the Assignor) to the buyer (known as the Assignee) of the property. This document is important, to show and prove a person’s title to land. This document is also needed to process and obtain a certificate of occupancy recognizing your ownership of the property.

  • SALE OF LAND AGREEMENT.

This is the document, that precedes a Deed of Assignment. It is needed to legalize an agreement to sell land/property between a buyer and seller of land today. This may be used to loosely prove title to land pending when the owner of the land, finalizes the process of obtaining a Deed of Assignment and is an important instrument in property transactions.

  • CERTIFICATE OF OCCUPANCY.

This is one of the most valuable land documents in property dealings, in the real estate sector of Nigeria. It is issued by the Governor of a state, where a property is located, to certifies that a person owns of land. This document is given under the land use act 1978, and it gives a landowner a 99 years permit to use land. This document, required for property transfer in Nigeria, is one of the principal documents in proving title to land and should be applied for, by a landowner to perfect his property title.

  • RIGHT OF OCCUPANCY.

This is a document, which shows that a person has valid legal ownership, which he holds on a particular property, in Nigeria. It is this right of occupancy, that entitles a person to hold a certificate of occupancy in recognition of his ownership of a property.

  • POWER OF ATTORNEY.

This is a document, which is used to delegate authority by a property owner, to a person who is not the owner of that property, to enable such person, to use the property in a way, that is itemized under the Power of Attorney.

This document is usually used to authorize property agents and managers to deal with a person’s property, in his absence. For example, in Tenancy transactions, a Landlord may give his property agent, a Power of Attorney to deal with that property on his behalf.

  • DEED OF MORTGAGE.

The Deed of Mortgage is a necessary document required for the transfer of property in Nigeria when a person is transacting a mortgage on his property. Mortgage transactions usually arise when a person borrows money from a bank or financial institution while using his property to guarantee the payment of that debt. This deed is used in the proof of such property, to legalize such transactions, and hold the banks responsible in the case of future conflicts.

  • GOVERNORS CONSENT.

This is another document required for transfer of property in Nigeria, which a property investor, would always come across, and it must be obtained by a landowner, immediately after he has obtained his certificate of occupancy. This document, as its name suggests, is used to evidence the consent of the governor of a state, to own a property in such a state. This property may be obtained, by simply applying to the lands registry of a state, to receive the consent of the Governor.

  • TENANCY AGREEMENT.

This is used in the Housing market when a landlord wishes to give his property out in rent to a tenant. A Tenancy Agreement is used to show the validity of this transaction. In the Tenancy Agreement, the Landlord, lets out such a house, for a prescribed time, and rent annually or for such other time, as the tenancy agreement states.

CONCLUSION.

The Housing industry has become a valuable tool, for economic growth and investment portfolio diversification in Nigeria. However, property investors in recent times have expended so many resources and time in settling legal matters in court, arising from failure to include relevant documents required for property transfer in Nigeria, thereby reducing their profit margin. Investors must, therefore, have the right grasps of the above documents, to enjoy maximal returns on their investments, to make the most of property buying and selling, contact Sachio Real Estate Agency.

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