Buying land or a house in Lagos or Abuja is one of the largest payments most people ever make, and it is the transaction where buyers in Nigeria most often lose money. Forged titles, land under government acquisition, family land sold without the family's consent and buildings put up without approval are all common. Property due diligence is how you find these problems before you pay, not after.
Our property due diligence lawyers act for the buyer only. We are not paid by the seller, the developer or the agent, and our report tells you plainly whether we would buy the property on the terms offered.
Who we act for
- Home buyers buying a house, flat or plot of land in Lagos or Abuja
- Nigerians abroad buying property at home without being able to inspect it in person
- Investors and companies acquiring land, commercial buildings or development sites
- Off-plan buyers paying a developer before the building is complete; see off-plan property purchase
- Lenders taking property as security; see mortgages and real estate finance
What our property due diligence covers
1. The seller's title
We review the seller's documents, such as the Certificate of Occupancy, deed of assignment, registered conveyance, survey plan and Governor's consent, and trace the root of title back through earlier transfers. A Certificate of Occupancy on its own does not prove that a property is safe to buy, so we check every link in the chain.
2. Land registry search
We search the official records to confirm who the registered owner is, whether the seller's documents match those records, and whether there are registered mortgages, charges or caveats on the property.
3. Charting and government acquisition
We confirm, from the survey coordinates, whether the land is free from government acquisition, committed to public use such as a road or drainage channel, or within an area that has been excised or gazetted for the community. Land under acquisition can be taken back without compensation to the buyer.
4. The seller's authority to sell
- Individuals: identity, and where the seller relies on a power of attorney, whether it is valid and still in force
- Family land: whether the head of the family and principal members have consented to the sale
- Estates of deceased owners: probate or letters of administration, and the authority of the executors or administrators
- Companies: Corporate Affairs Commission searches, directors and a board resolution approving the sale
5. Disputes and litigation
We make court searches and enquiries for pending cases over the land or against the seller. A buyer who purchases land that is subject to a pending case is generally bound by the outcome.
6. Physical inspection
We inspect the property to confirm its boundaries match the survey plan and to identify anyone in occupation, such as tenants, caretakers or squatters, who may have rights over it.
7. Building approvals
For a completed or uncompleted building, we check whether planning and building approvals were obtained. A building without approval can be sealed or demolished, whoever owns it.
8. Your written report
We give you a written report setting out what we found, the risks, and our recommendation: proceed, proceed on conditions, or walk away. Where you proceed, we prepare the deed of assignment, deal with the contract and completion and obtain Governor's consent so your title is perfected.
Property due diligence in Lagos
Our Lagos office is in Lekki. In Lagos we search at the Lagos State Land Registry and obtain charting from the Office of the Surveyor-General, which shows whether the land is free, committed or under government acquisition.
Much of Lekki, Ajah, Ibeju-Lekki and Epe was originally community land. For property there we confirm whether the land has been excised from acquisition and published in the official gazette, and whether the title can be or has been ratified. We also check that the seller holds a valid title, not only a family receipt or survey plan, and that any developer and agent involved are registered with the Lagos State Real Estate Regulatory Authority. For buildings, we confirm planning approval from the Lagos State Physical Planning Permit Authority.
Property due diligence in Abuja
Our Abuja office is in Wuse 2. In the Federal Capital Territory, land is administered on behalf of the Federal Government and its records are held by the Abuja Geographic Information Systems (AGIS). Our search confirms the allocation history of the plot, whether the right of occupancy has been recertified, whether the plot has been revoked, and whether ground rent and other charges have been paid. Unpaid ground rent has led to the revocation of plots, so we check it on every Abuja purchase.
In the satellite towns, many plots are held under area council allocations that have not been regularised with AGIS. We confirm the regularisation status before you buy, check building plan approval with the Department of Development Control, and confirm that any transfer will receive Ministerial consent.
Buying property in Nigeria from abroad
Many of our property clients live outside Nigeria. You do not need to travel: we carry out the searches and inspection, send you photographs and our written report, and explain which documents need to be signed and notarised abroad. We advise you not to send money directly to a seller or agent before due diligence is complete. Where a deposit is needed to secure the property, we can hold it in our client account until the checks are satisfactory.
Fees and timelines
We quote a fixed fee for property due diligence once we have seen the property details and the seller's documents, so you know the cost before any work starts. Official search and charting fees are paid at cost. Most searches are completed within days to a few weeks, depending on the registry and the property's records. If we find a serious problem early, we tell you straight away so you do not pay for checks you no longer need.
