--- title: "Deed of Lease vs Deed of Assignment: Which Do You Need?" url: "https://buyrentlagos.com/articles/deed-of-lease-vs-deed-of-assignment-which-do-you-need" published: "2026-05-23T07:00:00+00:00" updated: "2026-10-08T04:23:17.821623+00:00" author: "Laide Matthews" category: "Property Guide" verified: false --- # Deed of Lease vs Deed of Assignment: Which Do You Need? A Deed of Assignment transfers all the interest the seller has in the property to you. A Deed of Lease (or sub-lease) gives you use for a fixed term, after which the interest reverts to the lessor. Which one is correct depends entirely on the title the seller holds — read the underlying C of O before you sign. This is general information, not legal advice. **TL;DR:** A Deed of Assignment transfers all the interest the seller has in the property to you. A Deed of Lease (or sub-lease) gives you use for a fixed term, after which the interest reverts to the lessor. Which one is correct depends entirely on the title the seller holds — read the underlying C of O before you sign. This is general information, not legal advice. "Laide, I bought a house and they gave me a Deed of Sub-Lease. When I bought land before, I got a Deed of Assignment. Did I make a mistake?" A client asked me that after paying in full. It is the right question, just asked too late. Let me answer it before you pay. ## The core difference Think of it in terms of what is left when the document runs its course. A **Deed of Assignment** is a transfer. The assignor (seller) gives the assignee (buyer) the whole of the seller's interest in the land or house. After a proper assignment, the seller has nothing left to take back, subject to the Land Use Act and the terms of the root title. A **Deed of Lease or sub-lease** is time-bound. The lessor grants you possession and use for a stated number of years. When that term expires, the property reverts to the lessor (or the head lessor), unless you renew on whatever terms the document allows. Both documents can be valid. Problems start when you expected a full transfer and accepted a lease, or when the seller never had the interest the deed claims to pass to you. A seller can only give what he has. ## Where you will meet each document in Lagos Deeds of Lease were very common for government allocations in Ikoyi, Victoria Island and Surulere in the years after the Land Use Act came into force in 1978. The government made it clear it was granting rights of occupancy, not selling land outright. Many older Ikoyi and VI titles still trace back to that era. Deeds of Assignment became the standard way private sellers, families and subsequent owners transfer their interest once a C of O exists. Buy a resale flat in Lekki Phase 1 from an individual who holds a C of O, and you would normally expect a Deed of Assignment, followed by Governor's Consent and registration. Deeds of sub-lease are now common in organised estates around Lekki and Ajah. The developer holds the head title (often a global C of O) and grants buyers a long sub-lease, for example for the unexpired term of that head title minus a short period. Homeowners in estates such as those around Osapa and Ikate often hold sub-leases rather than individual assignments of the head title. None of these is automatically "bad." The question is whether the document matches the scheme you bought into, and whether you understood the difference before paying. ## Six things to compare before you sign **1\. What term are you getting?** An assignment should not quietly expire on a date. A sub-lease will state a term in years. Check the start date, the end date, and how many years are actually left on any head lease. **2\. Does the property revert?** Under a lease or sub-lease, yes — to the lessor at the end of the term. Under an assignment, there is no reversion to your seller. **3\. Can you renew, and at what cost?** Some sub-leases allow renewal; some require a renewal fee to be agreed later with the sub-lessor. An assignment does not require you to renew with the seller. Your C of O term is a separate matter between you and the state, renewable on expiry under the Land Use Act. **4\. Whose consent do you need to resell?** A sub-lease often requires the head lessor's or estate company's consent before you can assign or sub-let further. An assignment of a C of O title requires Governor's Consent to be perfected. Both routes involve consent — find out whose, and budget the time. **5\. What does the root title say?** If the seller only holds a lease himself, he cannot assign you more than that lease allows. Ask to see the C of O, any global C of O, and the chain of previous deeds. Your lawyer should confirm the seller's interest can legally be transferred in the form proposed. **6\. Will a bank accept it?** If you may need a mortgage, ask the lender early. Banks in Lagos lend against registered title. A properly registered long sub-lease may be acceptable to one lender and not another. Do not assume. ## Red flags I watch for - A seller who rushes you to accept "the document we give everyone" without showing the root title. - A sub-lease with a short unexpired term being marketed at the price of a full transfer. - Renewal terms described as "to be determined later" with no formula or cap. - No provision for Governor's Consent or registration, or a suggestion that registration is optional. Registration matters. A deed that is not stamped and registered at the Lands Registry is weaker evidence and may not be admissible the way you expect if a dispute reaches court. Perfection — Governor's Consent, stamping, registration — is part of the purchase, not an afterthought. ## So which do you need? You need the document that correctly transfers the interest being sold, on terms you understand. If you are buying from an individual owner with a C of O in Ikoyi, VI, Lekki Phase 1 or Lagos Island, expect a Deed of Assignment. If you are buying into a developer's estate scheme built on a head title, a Deed of Sub-Lease may be the correct and only available instrument — but then price, term, renewal and resale consent must reflect that. If the document you are offered does not match what was marketed to you, stop. That is a conversation to have with your own lawyer before balance payment, not after. ## Frequently asked questions ### Is a Deed of Assignment better than a Deed of Lease? Not always. An assignment transfers all of the seller's interest; a lease gives you a term of years before reversion. An assignment is the fuller transfer, but a long, properly registered sub-lease inside a well-run estate can still be good title. The right document is the one that matches the seller's actual interest. ### Can a seller give me a Deed of Assignment if he only has a lease? No. A seller can only transfer what he owns. If he holds a lease or sub-lease, he can assign that leasehold interest or grant a sub-lease, but he cannot create a larger interest than he has. That is why your lawyer must inspect the root title first. ### How long do sub-leases in Lagos estates usually run? Terms vary by estate and by how much of the head title remains. Many estate sub-leases are granted for long terms tied to the head C of O. I will not give you a single number to rely on — read the term clause in your own deed and confirm the head title's expiry date. ### Do I still need Governor's Consent with a Deed of Assignment? Yes, where the land is covered by a C of O, the assignment needs the Governor's Consent to be perfected, followed by stamping and registration. Without perfection, your title remains incomplete. Confirm the process and current fees at the Lands Bureau through your lawyer. ### Should I reject every Deed of Sub-Lease? No. Reject a sub-lease you do not understand, one with a short remaining term sold as if it were a full transfer, or one where the head title cannot be produced. In many Lekki estates, sub-lease is simply how the scheme was structured. ## Related reading - [Deed of Assignment in Lagos: What It Must Contain](/articles/deed-of-assignment-in-lagos-what-it-must-contain) - [What Is a Deed of Conveyance? (Lagos Property Legal Guide)](/articles/a-deed-of-conveyance-lagos-property-guide-lagos-property) - [C of O vs Excision vs Gazette: Land Titles in Lagos Explained](/articles/c-of-o-vs-excision-vs-gazette-land-titles-in-lagos-explained) - [What Is a Registered Survey? Why It Matters When Buying Land](/articles/a-registered-survey-lagos-property-guide-why-it-matters)