With the high demand for property in Lagos State, securing land can be profitable but risky without proper legal guidance. Many buyers, eager to secure a land, bypass a thorough investigation into the property’s history, ownership, and legal status, leading to land disputes, fraud, or other legal complications that could have been avoided.

In this article, we highlight some common mistakes people make when buying land or property in Lagos State. These mistakes can be summed up into three (3);

1. Failing to engage real estate professionals, and
2. Failing to conduct due diligence, and
3. Failing to perfect your title after purchasing the land.
4. Failing to Engage Real Estate Professionals: One of the common mistakes a lot of “Lagosians” and Nigerians generally make when buying a land or property is that they do not realise the importance of paying real estate professionals to guide them throughout the process. This mistake stems from the belief that engaging a lawyer or surveyor in the process is not worth the cost. This, however, is a huge mistake as lawyers, for instance, are trained in the art of negotiation and legal drafting with the risk of future disputes in mind, and are the only professionals authorized by law to draft land-related agreements.

Surveyors, on the other hand, are needed to verify the survey plan, and only registered surveyors can approach the surveyor-general’s office to verify that the seller’s survey plan was registered. Surveyors are also needed to take the coordinates of the land and chart the exact boundaries of the land in a subsequent survey plan.

1. Failing to conduct due diligence: Due diligence is a non-negotiable step in property acquisition. Many buyers fail to conduct proper due diligence before buying land or property in Lagos State for the same reason they do not engage professionals in the first place. It is a very costly mistake when buying property to fail to engage professionals to conduct due diligence on the property before committing to buy it.

A thorough due diligence on a land will include the following:

• Carrying out a physical inspection on the property: Physical inspection is important to confirm the exact boundaries, size, and whether the land actually exists. Speaking with neighbors also helps uncover hidden truths about the land.
• Verifying the Land Ownership: A common mistake when buying land in Lagos is assuming that a receipt, survey plan, or verbal assurance is proof of ownership.

To verify land ownership, you need to inspect the title documents, such as the Certificate of Occupancy, past titles of former owners of the land, etc. Verifying land ownership also requires you to conduct a search at the Lands Registry and Surveyor-General’s Office for any defects or encumbrances.

Verifying the title or ownership of a land prevents buying a land with competing claims or government acquisition notices.

• Verifying the Seller: Most property owners do not meet with the buyer at the initial stage of the transaction. They often utilize the service agents or appoint a legal representative to sell the land on their behalf. The seller could be the actual owner of the property, or the agent or representative of the seller, a member of a family or community, in cases of family and communal land

For family-owned land, ensure the head of the family and all principal family members give their consent. For company-owned land, request a board resolution authorizing the sale of the land.

1. Failing to Perfect your Title after Purchase: There are three (3) crucial steps to take to perfect, and many a buyer downplays the importance of perfecting their title to land. It is pertinent to note that only a perfected title is legal proof of land ownership. The three steps involved are:

• Obtaining Governor’s Consent: All lands in Lagos State belong to the Lagos State Government. Therefore, every land granted by the Governor to any person is a lease. This means that every subsequent sale or gift, or assignment of ownership of any land in Lagos State, must be with the written consent of the Governor of the State.
• Payment of Stamp Duties at the Lagos State Inland Revenue Service.
• Registration of the Title Document or Land Instrument at the Lands Registry

Skipping these steps leaves you with only equitable ownership, which implies that the seller, any previous owner, or their beneficiary can still claim legal ownership of the property.

Conclusion:

Regardless of the urgency or otherwise when buying land in Lagos State, never pay for land until a real estate lawyer confirms that the title is legal. Buying land in Lagos State requires careful planning, legal verification, and attention to detail. From verifying ownership and legal status to completing documentation and taking possession, every step matters.

At Firmus Advisory, we guide our clients through the process of land acquisition in Lagos, helping them avoid disputes in the future. Read our article on how to conduct due diligence when buying a landed property in Lagos State.