“It has a C of O” is one of the most common selling points in Nigerian property marketing. A Certificate of Occupancy can be important evidence, but it is not a substitute for complete due diligence.
What is a Certificate of Occupancy?
A Certificate of Occupancy, commonly called a C of O, is connected to Nigeria’s statutory right-of-occupancy system under the Land Use Act. The Act gives state governors powers relating to statutory rights of occupancy and provides for certificates evidencing relevant rights.
A buyer still needs to determine whether the document is authentic, relates to the exact land offered, fits the current ownership chain and supports the proposed transaction.
What a C of O does not automatically prove
An official-looking copy does not by itself establish that the person marketing the property is entitled to sell it. It also does not replace checks for later transfers, encumbrances, disputes, acquisition issues or inconsistencies between the survey and physical boundaries.
Why the chain of title matters
If a C of O names Owner A but Seller C is offering the property, the legally relevant transactions between A and C matter. Your lawyer should review the documents and search the appropriate registry. The real question is whether the seller has a valid, transferable interest in the exact property.
C of O and Governor’s Consent are different
The terms are sometimes blurred in casual property discussions. The Land Use Act contains consent requirements for alienation of rights of occupancy. Subsequent transactions may therefore involve consent and registration rather than a brand-new C of O for every buyer. The correct process depends on the land and transaction.
How buyers should verify a C of O
- Obtain the complete document and supporting survey information.
- Compare the named holder with the seller and documented chain of title.
- Match plot details and survey references to the physical site.
- Search the appropriate land registry independently.
- Check for subsequent mortgages, transfers or other interests.
- Have transaction documents reviewed before payment.
What about Lagos?
Lagos State provides digital land-management services including its official applicant portal. Requirements should still be confirmed for the individual transaction.
Common mistakes
- Paying because an agent sent a photo of a C of O.
- Ignoring names in the ownership chain.
- Failing to verify the survey and boundaries.
- Assuming a developer’s title automatically documents the buyer’s individual interest.
- Waiting until after payment to hire a lawyer.
Bottom line
A C of O can be important, but it should begin verification, not end it. Combine document review, official searches, survey verification, physical inspection and transaction-specific legal advice.
