Property Buying in Nigeria is rarely a one professional job. A surveyor may discover it, an estate agent may find it, a lawyer may find out if it is safe for you to own it. One of the most costly mistakes a purchaser can make is to confuse these roles.
The Agent: Search and Negotiation
A good estate agent can save you time. They find properties that are available, arrange viewings, compare asking prices and negotiate commercial terms. They may also help co-ordinate documents and introduce buyers to lawyers, surveyors and valuers.
However, an agent is no substitute for independent verification. A real estate agent saying a property has a “Certificate of Occupancy” (C of O), is “free from government acquisition” or has “no problem” does not constitute proof. Nor should buyers depend solely on documents supplied by the seller or agent.
Check the credentials of any estate surveyor and valuer claiming to be an agent. The Estate Surveyors and Valuers Registration Board of Nigeria (ESVARBON) regulates the professional estate surveying and valuation practice in Nigeria under the Estate Surveyors and Valuers Act.
The Surveyor: Verifying the Land
The physical question, *What is this property and where is it? is answered by a registered surveyor.*
The surveyor will draw or verify the survey plan, verify the coordinates of the property and check for boundary overlaps, encroachment, planning setbacks and potential government take. The plan also may be filed at the appropriate government survey office. This is especially important in areas where plots are resold many times, boundaries are not clear or where informal layouts are common.
Use a surveyor registered with the Surveyors Council of Nigeria (SURCON). A survey is not merely a formality; it can reveal that a supposedly valuable plot falls within a road alignment, a committed acquisition or another person’s registered parcel.
The lawyer: confirming ownership
The lawyer investigates whether the seller has the legal right to sell and whether the buyer can obtain good title. This typically involves searches at the relevant land registry, reviewing the root of title, checking for mortgages, court disputes, unpaid obligations and restrictions, and verifying the identity and authority of the seller.
The lawyer should also ensure that the transaction documents such as a contract of sale, deed of assignment or sublease properly describe the property and parties. Under Nigeria’s Land Use Act 1978, dealings in statutory rights of occupancy generally require the Governor’s consent. Perfection may also involve stamping and registration. For customary land, additional consent and local requirements may apply.
If the budget permits only one professional, choose a property lawyer for legal due diligence, but do not assume that replaces a survey. The safest sequence is simple: inspect with the agent, verify the land with a surveyor, and commit money only after an independent lawyer confirms the title.