Power of Attorney for Property Purchase in Lagos: How It Works

TL;DR: A power of attorney (POA) lets someone you trust sign property documents on your behalf in Lagos while you're abroad. It must be properly drafted by a lawyer, specific to the transaction, and in some cases registered. A vague or improperly executed POA is worse than none — it creates the illusion of protection while protecting nothing.

"I'll just give my brother power of attorney." I hear this constantly from diaspora buyers, usually said with the confidence of someone who's solved the problem. Often, they haven't — they've just moved the risk from the property to the paperwork.

A POA is a powerful tool. But like every powerful tool in Nigerian real estate, it needs to be set up correctly or it becomes a liability.

What a POA actually does

A power of attorney is a legal document authorising someone (the "attorney" — confusingly, this doesn't have to be a lawyer) to act on your behalf in specified matters. For property purchase, it typically authorises your representative to: negotiate, sign the deed of assignment or contract, pay on your behalf, and handle registration formalities.

What it doesn't do: verify the property for you, guarantee the seller's title, or replace due diligence. A POA is an execution tool, not a verification tool. The verification still needs your lawyer and surveyor doing their jobs.

Getting it right: the requirements

Proper drafting. A property lawyer should draft (or at minimum review) the POA. It should be specific: identify the property (or the precise scope of authority), state exactly what the attorney can and cannot do, and include limits — maximum amounts, specific transaction types. A blanket "handle all my property matters" POA is a blank cheque with a signature.

Proper execution. For use in Nigeria while you're abroad, the POA typically needs to be executed before a notary public in your country of residence, then authenticated — often through the Nigerian embassy/consulate or via apostille, depending on the jurisdiction. Requirements vary by country, so confirm the exact chain with your Nigerian lawyer before you start.

Registration. In Lagos, a POA relating to land transactions should generally be registered at the Lands Registry. An unregistered POA may face challenges when presented for perfection of title. Your lawyer handles this — but confirm it's been done, don't assume.

The attorney's identity. Choose someone with no conflicting interests. Your lawyer can serve as attorney for execution purposes — this is common and often cleaner than a family member, because the lawyer's professional obligations and reputation are on the line.

The limits and risks

A POA doesn't make an untrustworthy person trustworthy — it gives a trustworthy person legal capacity. If you wouldn't trust someone with your money, don't give them your signature's power either.

Specific risks to manage:

• Scope creep: the attorney acting beyond what you intended. Prevent with precise drafting.
• Revocation: you can revoke a POA, but revocation must be communicated — ideally in writing to all parties, and registered. A revocation nobody knows about protects nobody.
• Expiry: consider time-limiting the POA to the transaction at hand. An open-ended POA sitting in someone's drawer for five years is an accident waiting for an opportunity.
• The attorney's own dealings: ensure the POA prohibits self-dealing — your representative buying the property themselves at a discount, for instance.

POA vs being there in person

Honestly? For a straightforward purchase with clean title, a well-structured POA plus your lawyer's oversight works fine — thousands of diaspora transactions complete this way annually. For complex deals (family land, joint ventures, disputed titles), consider timing your trip home for the critical signing stages. Some things are worth a plane ticket.

Frequently Asked Questions

Can I buy property in Lagos without travelling to Nigeria? Yes. A properly executed and registered power of attorney allows your representative to sign on your behalf. Combined with independent legal verification, remote purchase is standard practice.

How do I create a power of attorney from abroad for Nigerian property? Have a Nigerian property lawyer draft it, execute it before a notary in your country of residence, authenticate it (embassy/apostille as applicable), and register it at the Lagos Lands Registry.

Does a power of attorney need to be registered in Lagos? For land transactions, registration at the Lands Registry is strongly advised and generally required for the POA to be effective in perfection of title. Your lawyer should handle this.

Can a family member hold power of attorney for my property purchase? Legally, yes. Practically, consider whether your lawyer serving as attorney is cleaner — it separates execution from family dynamics and adds professional accountability.

How do I revoke a power of attorney in Nigeria? Execute a deed of revocation, notify all relevant parties in writing, and register the revocation. Until communicated and registered, the original POA may still be acted upon.

What should a property POA include? Specific property identification (or defined scope), exact powers granted, monetary limits, duration/expiry, prohibition on self-dealing, and execution formalities. Vague POAs create more problems than they solve.