Deed of Assignment in Nigeria: Meaning, Contents and Consent

A deed of assignment is the document by which the holder of a right of occupancy in Nigeria (the assignor) transfers that interest in land to a buyer (the assignee). It is signed, sealed and delivered by both parties, and it only gives the buyer a secure legal title once the Governor's consent is obtained, the deed is stamped and it is registered at the state land registry.

What does "deed of assignment" mean?

Under the Land Use Act, land in each state is vested in the Governor, who holds it in trust for Nigerians. Individuals and companies do not own land outright: they hold a right of occupancy, either statutory (granted by the Governor) or customary. When you "buy land" in Nigeria, what you are really acquiring is the seller's remaining right of occupancy over that plot.

The deed of assignment is the instrument that records this transfer. It states who the parties are, what interest is passed, over which property, and for what price. Legal commentary describes it as the final document of a sale: it comes after the price has been paid and the conditions agreed between the parties have been met.

What is a deed of assignment used for in practice?

A deed of assignment is used when an existing title is passed on, for example:

• the sale of a plot of land or a house by its current holder
• the resale of a property bought from a developer, once the developer's own title is in place
• a sale by a mortgagee exercising its power of sale, or a sale ordered by a court

A first grant of land by the state is different: it is evidenced by a certificate of occupancy, not by a deed of assignment. Our guide to the certificate of occupancy in Nigeria explains that document.

What must a deed of assignment contain?

There is no single official template, but a valid deed in Nigerian practice carries the following elements:

• Date of the deed
• Parties: full names, addresses and status (individual or company) of the assignor and the assignee
• Recitals: the background, starting with the assignor's own title (certificate of occupancy, earlier registered deed, consent, or other root of title)
• Operative clause: the words by which the assignor transfers the unexpired residue of the right of occupancy, and the price paid
• Description of the property: location, plot details and a survey plan attached to the deed
• Covenants: the promises each side makes, for example that the assignor has the right to sell and that the land is free from other claims
• Execution: signatures of both parties, sealed and delivered, with witnesses giving their names, addresses and occupations
• Space for the Governor's consent, which the state endorses on the deed or issues as a separate certificate

Academic research on Nigerian conveyancing stresses that the deed must be executed by both parties and attested by witnesses, and that it must be signed, sealed and delivered to be valid.

Can I use a sample deed of assignment in Nigeria?

Samples found online help you understand the structure, but they are not adapted to your plot, your seller's root of title or your state's registry practice. A mistake in the description of the property or the parties can delay or block the consent application. Have the deed prepared or reviewed by a lawyer who handles conveyancing in the state where the land lies.

Deed of assignment vs deed of conveyance: what is the difference?

The two names are often used for documents doing the same job. Because the Land Use Act turned land holding into rights of occupancy, a sale is technically an assignment of the residue of that right, which is why "deed of assignment" became the usual term. "Conveyance" is an older label, still used in some places and for some transactions.

What matters is not the name on the cover page. Whatever it is called, a transfer of a statutory right of occupancy needs the Governor's consent, and the Act treats any instrument that confers an interest in land other than in accordance with its provisions as void.

How is it different from a contract of sale or a power of attorney?

Contract of sale

A contract of sale is the agreement in which the seller promises to transfer the property for an agreed price, often subject to conditions such as payment in instalments. It binds both parties and gives the buyer an equitable interest, but it does not move the legal title. The deed of assignment is the document that completes the transfer once those conditions are met.

Power of attorney

A power of attorney only authorises someone (the donee) to act on behalf of the owner. Nigerian courts, applying the Supreme Court decision in *Ude v Nwara*, have repeatedly held that a power of attorney, even an irrevocable one, is not a document of title: title passes only when the donee actually assigns or leases the land. A seller who offers you "an irrevocable power of attorney" instead of a deed of assignment is not giving you ownership.

Why is the Governor's consent so important?

Section 22 of the Land Use Act provides that the holder of a statutory right of occupancy may not alienate it, by assignment, mortgage, transfer of possession, sublease or otherwise, without first obtaining the Governor's consent. Section 26 declares void any transaction that purports to confer an interest in land other than in accordance with the Act, and section 28 lists alienation contrary to the Act among the grounds on which the Governor may revoke a right of occupancy.

In Lagos, practitioners describe the consent application as follows:

1. The buyer files the application at the Lands Bureau with the prescribed form (Form 1C), a cover letter, copies of the deed and the survey plan.
2. The land is charted at the Office of the Surveyor-General to confirm its position and check that it is not under government acquisition.
3. The bureau assesses the fees and taxes payable; the applicant pays and submits the receipts.
4. Consent is endorsed. Lagos now issues a certificate of Governor's consent to the subsequent transaction.

Lists of supporting documents differ between sources and change over time (tax clearance or proof of income tax for both parties, a certified copy of the seller's title, passport photographs, proof of ground rent or land use charge where applicable). Ask the Lands Bureau of your state for its current checklist before filing.

Do I need to stamp and register a deed of assignment?

Yes. Stamping and registration complete what lawyers call perfection of title. Until they are done, the buyer usually holds only an equitable interest, which can lose priority against a later buyer who registers first.

• Stamping: the Stamp Duties Act 1939 was repealed with effect from 1 January 2026 by the Nigeria Tax Act 2025. Before you budget, ask the stamping office or the state revenue service for the duty and deadline that apply to your deed today, rather than relying on older articles.
• Registration: the stamped deed is lodged at the state land registry, recorded in the register of deeds, and the original is returned to the buyer. Registration gives notice of your interest to anyone who later searches the title.

In the Federal Capital Territory, the Governor's powers under the Land Use Act are exercised by the President or a Minister designated by the President (section 51(2)), and the Abuja Geographic Information Systems (AGIS) lists title registration services for deeds of assignment and powers of attorney.

How can I avoid common deed of assignment mistakes?

• Never sign or pay against a deed until a search at the land registry confirms the seller's title and shows no mortgage or government acquisition.
• Make sure the name of the assignor on the deed matches the name on the seller's root of title and on their ID.
• Attach a survey plan that matches the land you inspected on site.
• Do not accept a power of attorney or a receipt as a substitute for a deed.
• Apply for consent promptly instead of leaving the deed in a drawer for years.

Fraudsters use the same tricks for land as for cars and phones; our guide to avoiding online scams in Nigeria and Kenya lists the warning signs. If you are still choosing a plot, our guide to plot sizes in Nigeria explains how plots are measured, and our Land Use Act guide covers the law behind all of this.

Where can I find land and houses for sale in Nigeria?

You can browse property listings on AfricaSoco and contact sellers directly on WhatsApp or by phone. AfricaSoco does not check titles: every document must still go through the searches above. If you own a property with clean papers, you can post a free property ad and state clearly which title documents you hold.