Conveyancing is the legal work of transferring an interest in land from one person to another and recording it so that the new owner's title is secure. In Nigeria, a receipt or an unregistered agreement is not enough. Under the Land Use Act, most transfers need the consent of the Governor, or of the Minister in the FCT, and the deed must be stamped and registered at the land registry. Until that is done, the buyer's title is incomplete and can be defeated.
Our conveyancing lawyers act for individuals, families, companies, developers and lenders. We also give practical real estate advice to owners who are not buying or selling but need to know where they stand.
Conveyancing documents we prepare
- Contracts of sale setting out the price, conditions and completion date
- Deeds of assignment transferring the seller's interest to the buyer; see deed of assignment
- Deeds of lease and sublease, including long leases of commercial property and units in estates
- Deeds of gift for transfers between family members
- Deeds of mortgage and legal charges in favour of banks and lenders; see mortgages and real estate finance
- Deeds of surrender, release, partition and rectification
- Powers of attorney for owners who cannot be present; see power of attorney
The conveyancing process
- Instructions and title review. We review the title documents and carry out searches at the land registry and the surveyor-general's office; see property due diligence.
- Drafting and negotiation. We draft the contract and deed, or review those prepared by the other side, and agree them.
- Execution. The parties sign the deed before witnesses. Documents signed abroad are signed before a notary public, and we tell you exactly how.
- Completion. Payment is made, the deed is exchanged and the original title documents are handed over.
- Consent. We apply for Governor's consent, or Ministerial consent in the FCT, and pay the assessed fees.
- Stamp duty. The deed is stamped within the time allowed, because an unstamped deed generally cannot be relied on in court until it is stamped.
- Registration. The deed is registered at the land registry, and the registered deed is returned to you as evidence of your title.
Where the property has no Certificate of Occupancy, we also advise on obtaining one; see Certificate of Occupancy.
Conveyancing in Lagos
In Lagos, consent applications and registration are handled through the Lagos State Lands Bureau and the Land Registry in Alausa, Ikeja, under the Lagos State Land Registration Law. Consent fees, stamp duty and registration fees are assessed by the state and must be paid before the deed is endorsed and registered. Property on government schemes, in private estates and in excised villages each needs different documents, and we advise on what applies to yours.
Conveyancing in Abuja
In the FCT, land is administered by the FCT Administration and title records are held by the Abuja Geographic Information Systems (AGIS). Transfers need Ministerial consent, and many Abuja titles derive from offer letters, statutory rights of occupancy or recertified Certificates of Occupancy. We verify the title at AGIS before any document is signed and follow the consent and registration process through to the end.
Real estate advisory
Not every property question involves a sale. Our real estate lawyers also advise on:
- whether your existing title is complete, and how to regularise a purchase that was never perfected
- transferring property to family members, or into a company or trust
- dealing with property in the estate of an owner who has died
- leases, rent reviews and the rights of landlords and tenants; see lease and tenancy agreements
- planning and building approvals before you build or extend
- what to do if your land is encroached on or claimed by someone else; see land disputes
Conveyancing fees
We quote our professional fee before we start, and list the government charges separately, such as consent fees, stamp duty and registration fees, so you know the full cost in advance.
