How to Read and Understand a Deed of Assignment in Nigeria
Buying land or property in Nigeria? One legal document you’ll definitely come across is the Deed of Assignment. But what exactly is it, and how do you make sense of it?
This guide will help you understand a Deed of Assignment in Nigeria without needing a law degree. We’ll explain the basics, break down the terms, and highlight the parts you should pay attention to.
What is a Deed of Assignment?
A Deed of Assignment is a legal document that transfers ownership of land or property from one person (the assignor) to another (the assignee). It’s proof that a buyer now legally owns the property that used to belong to the seller.
It is one of the most important documents in real estate transactions, especially for secondary sales (when the land is not being sold for the first time).
Why is the Deed of Assignment Important?
It protects your ownership rights. Without it, you have no legal proof that the land or property is yours. In fact, government authorities and courts use this document to confirm legal ownership during disputes or registration.
Who Prepares the Deed of Assignment?
Usually, a lawyer prepares the document, preferably one experienced in property law. Both parties (buyer and seller) should review and sign it. It must also be registered at the appropriate Land Registry to be valid in the eyes of the law.
Key Elements to Look Out for in a Deed of Assignment
When reading a Deed of Assignment, here are the main sections you should focus on:
1. Parties to the Agreement
This section identifies the seller (assignor) and buyer (assignee). Make sure names, addresses, and identification details are correct.
2. Property Description
It should describe the land or property in clear terms — size, location, survey plan, beacons, and any boundaries. If it’s vague, ask questions!
3. History of Ownership (Root of Title)
This part traces the seller’s right to sell the property. It shows how the property was acquired and proves the assignor has legal title to it.
4. Consideration (Price Paid)
The agreed purchase price must be stated. This is proof that money changed hands for the property.
5. Terms and Conditions
This includes things like the possession date, payment terms, and whether the buyer is responsible for future charges like land use or taxes.
6. Covenants (Promises)
These are legal promises. Common ones include the seller assuring the buyer that:
- The land is free from disputes
- There are no third-party claims
- All consents needed have been obtained
7. Signatures and Witnesses
Both parties must sign the document. At least one witness for each signature should also sign and include their details.
8. Governor’s Consent & Registration
Under Nigerian law, land transfers must get the Governor’s Consent and be registered at the State Land Registry. Without these, the document isn’t fully enforceable.
How to Read and Understand a Deed of Assignment
Reading legal documents can be confusing. Here’s how to keep it simple:
Step 1: Start With the Title and Introduction
The title should clearly say “Deed of Assignment.” The first paragraph will introduce the parties involved — the assignor (seller) and assignee (buyer).
What to check:
- Your name is spelt correctly.
- The seller’s name matches the ID and earlier title documents.
- The date of the agreement is accurate.
Step 2: Check the Recitals (Background Information)
This section tells the story of the land or property — how the current owner got it (history of ownership) and the purpose of the new transaction.
Why it matters:
It establishes that the seller has the legal right to assign the property. If this part is missing or vague, it’s a red flag.
Step 3: Review the Description of the Property
This is usually labelled as the “Schedule” or “Description.”
Look for:
- Exact location (village/town, LGA, state)
- Size (in square meters)
- Survey plan number or beacon numbers
- Plot number and estate name (if applicable)
- Landmarks or boundaries
Tip: You can cross-check the description of the survey plan when you go for a site inspection to ensure it matches the physical land.
Step 4: Understand the Consideration (Purchase Price)
This section tells you how much the buyer paid and confirms that the seller has received it.
Why it matters:
It protects both parties. If the price stated is different from what you actually paid, request a correction before signing.
Step 5: Analyze the Terms and Conditions
These define the obligations of both parties. Some standard terms include:
- Date of handover or possession
- Who pays for registration or Governor’s Consent
- Whether the property comes with any restrictions
Watch out for hidden clauses that may:
- Restrict your use of the land
- Require future payments
- Limit your ability to resell.
Step 6: Read the Covenants Carefully
Covenants are legal promises. The seller usually promises:
- They are the rightful owner
- The land is not under government acquisition
- There are no debts or encumbrances on the property
- No third party has an interest or claim
What to do: If these covenants are missing or if you’re unsure what they mean, consult a property lawyer.
Step 7: Verify Execution (Signatures and Witnesses)
Both parties must sign the document. Signatures must be:
- At the bottom of the page
- Dated correctly
- Witnessed by at least one neutral party per signature (with name, address, and phone number written clearly)
Tip: If either party is represented by a third party (e.g. a company director), they must provide a Power of Attorney.
Step 8: Check for Attachments
A complete Deed of Assignment should include:
- Survey Plan
- Previous Title Documents (e.g. Registered Deed, Allocation Letter)
- Consent Letters, if applicable
Why it matters: These prove the seller’s title and help you process your own land registration or Governor’s Consent.
Step 9: Look for Space for Governor’s Consent
Under Nigerian law, all land transfers must be approved by the State Governor. Your Deed should leave room for a section like:
“This transaction shall be subject to the Governor’s Consent pursuant to Section 22 of the Land Use Act 1978.”
Without this clause, you may struggle to get your title registered, which can affect resale or use for loans.
Step 10: Confirm the Registration Details
If the deed is already registered, you should see:
- Registration number
- Volume number
- Date of registration
- Registry office name (e.g., Lagos Land Registry)
If it’s not yet registered, your lawyer should guide you through the process. Lastly,
- Highlight unfamiliar terms and Google them or ask a lawyer or a real estate professional.
- Compare with your contract of sale to ensure consistency.
- Don’t sign under pressure. If you’re unsure, pause and seek legal advice.
- Always keep a signed, scanned copy for your record
Red Flags to Watch Out For
- The seller’s name doesn’t match the previous documents
- The property description is vague
- No mention of Governor’s Consent
- No survey plan attached
- You’re asked to sign without reviewing it
Conclusion
Understanding a Deed of Assignment in Nigeria is key to protecting your real estate investment. Don’t let legal jargon intimidate you. With the right knowledge and legal support, you can read and understand it like a pro.
Always double-check the details, ask for clarity, and don’t skip the legal steps — your future self will thank you. I hope this blog has helped break down the key elements to look out for when reading and understanding a deed of assignment.
Save this guide, share it with a friend, or bookmark it for your next land deal. And if you found it helpful, let me know in the comments. I’d love to hear from you!
