Deed of Assignment in Lagos: What It Must Contain

TL;DR: A deed of assignment is the legal document that transfers ownership of land or property from seller to buyer in Lagos. For it to protect you, it must identify the parties, describe the property precisely (with the survey plan number), state the price, trace the seller's root of title, include the seller's covenants, and be properly executed, stamped, and registered. A receipt is not a deed.

This is general guidance, not legal advice — confirm with your lawyer.

In Lagos property deals, the deed of assignment is where ownership actually changes hands on paper. Get it right and your purchase is defensible. Get it wrong — or skip it for a "simple receipt" — and you've bought yourself a future court case.

What It Is

A deed of assignment transfers the seller's interest in the property to you. It's the documentary backbone of the transaction: the sale agreement says "we agree to do a deal," the deed says "the deal is done, the interest now belongs to the buyer."

Under the Land Use Act, most Lagos land is held as a right of occupancy rather than absolute freehold — which is why "assignment" (transferring an existing interest) is the standard instrument rather than a conveyance of outright ownership.

What It Must Contain

1. The parties, fully identified. Full legal names, addresses, and identification of assignor (seller) and assignee (buyer). For family land, the deed should show the family acting through its authorized representatives — and reference the family resolution authorizing the sale.

2. The recitals (root of title). This section traces how the seller got the land: "the assignor became entitled by virtue of..." followed by the chain — C of O, gazetted excision, previous deed, whatever applies. A deed with no recitals is a deed with no history. History is what you're buying.

3. Precise property description. The plot's location, size, boundaries, and — critically — the registered survey plan number. "A plot of land at Ajah" is not a description. The survey plan number ties the deed to a specific, charted piece of earth.

4. The consideration (price). The exact amount paid, stated clearly. Understating the price "to save on fees" is common and foolish — it weakens your position in any future dispute and creates tax problems.

5. The seller's covenants. The seller warrants that they have the right to sell, that the land is free from encumbrances (or discloses them), and that they'll do what's needed to perfect your title — including cooperating with the Governor's Consent process. Read these clauses slowly. They're the seller's promises, in writing.

6. Proper execution. Signatures (and thumbprints where applicable) of all parties, dated, with witnesses. For corporate sellers, the company seal and authorized signatories.

7. Stamping and registration. The deed must be stamped (stamp duty paid) and registered at the Lagos Land Registry. An unstamped, unregistered deed is a private agreement with limited teeth — registration is what puts the world on notice that you own it.

Deed of Assignment vs Receipt: Know the Difference

A receipt says money changed hands. A deed says what changed hands, from whom, with what history, and with what warranties. Sellers who push "we'll just do a receipt, it's faster" are asking you to pay deed money for receipt protection. Don't.

Common Deed Mistakes

• Vague descriptions that could match three different plots
• Missing recitals — no root of title, no verifiable history
• Wrong parties — the name on the deed doesn't match the name on the title documents
• Skipped stamping to "save money," leaving the deed legally fragile
• No registration, so a subsequent buyer could register first and complicate your claim

Every one of these is fixable before you sign and miserable after.

Frequently Asked Questions

Is a deed of assignment enough to prove ownership in Lagos? It's the core transfer document, but ownership is only fully secure when the deed is stamped, registered, and — where the underlying title requires it — Governor's Consent is obtained. The deed is necessary; on its own it's not always sufficient.

What's the difference between a deed of assignment and a deed of conveyance? In practice, Lagos transactions use deeds of assignment because land is typically held as a right of occupancy under the Land Use Act — you're assigned the existing interest. "Deed of conveyance" is the older term for transferring freehold-style absolute ownership. Your lawyer will use the correct instrument for your title.

How much does it cost to prepare a deed of assignment in Lagos? Your lawyer charges a professional fee for drafting (often bundled into their overall transaction fee), plus stamp duty and registration fees payable to the state. Confirm the full breakdown with your lawyer upfront — fee surprises at the signing table are a bad sign.

Can I write my own deed of assignment? Please don't. Deeds are legal instruments with formal requirements; a homemade deed with defective recitals or missing covenants can fail exactly when you need it. This is what lawyers are for.

What happens if the seller won't sign a proper deed? Walk away. A seller who takes your money but won't execute a proper deed is telling you the sale can't withstand documentation. Legitimate sellers sign legitimate deeds.