Buying Property in Nigeria: The Legal Checks That Should Come Before Payment

A property may look suitable and appear to be offered by a credible seller, but neither fact establishes that the seller can transfer the interest being offered. Before committing substantial funds, a prospective buyer should understand the nature of the interest, the identity and authority of the seller and the legal requirements relevant to the transaction.

The appropriate title investigation depends on the property, its location, the documents available and the history of previous transactions. A lawyer may need to examine title documents, relevant registry records, survey information and other available evidence to assess whether the seller's claimed interest is adequately supported.

The buyer should also verify the seller's identity and authority. Where a company, estate, attorney or multiple co-owners are involved, the relevant corporate records, probate documents, power of attorney or other authority documents may require examination. The precise checks depend on the circumstances.

Physical inspection and legal due diligence serve different purposes. An inspection can help identify occupation, access, boundary or development concerns, but it does not replace a review of the title. Similarly, a survey may assist with identifying the land and investigating potential overlaps, but it does not alone establish ownership.

The parties should establish whether there are mortgages, existing leases, disputes, restrictions, unpaid charges or other matters that could affect the proposed transfer. Where appropriate, enquiries should be made with the relevant land registry and public authorities. The availability and significance of particular records may vary by jurisdiction and property type.

Transaction documents should clearly identify the property, the interest being transferred, the consideration, completion obligations and the documents each party must provide. The parties should also understand the applicable requirements for consent, stamping, registration and any related payments before assuming that a transaction is complete.

Payment arrangements deserve equal care. Buyers should understand when funds become payable, what conditions must be satisfied before completion and how the transaction will proceed if a material issue is discovered. Any proposed deposit, escrow arrangement or staged payment should be reviewed in the context of the transaction.

Property law and land administration are affected by the applicable state legislation and the facts of the particular property. Early professional review can help identify issues that may otherwise emerge only after money has changed hands.

This article is general information, not legal advice. It does not replace a property-specific title investigation by a qualified legal practitioner.