Purchasing property, particularly lands in Abuja—or anywhere in Nigeria—requires due diligence to avoid falling into legal or financial trouble. Here’s a comprehensive step-by-step guide to follow before purchasing property in Abuja.
First, it is important to engage the services of a property lawyer and a surveyor, who will then help you with the following:
1. Determine the Type and Location of Land
- Purpose: Residential, commercial, agricultural, public institution, recreational (parks and gardens) etc.
- Location: Consider proximity to major roads, infrastructure, and development potentials.
- Government Allocated Land: Allocated by the Federal Capital Development Authority (FCDA) through the authority bestowed on the minister.
- Land Type:
- Customary Land: Under control of local chiefs or Area Councils.
- Secondary Title: May already have a Certificate of Occupancy (C of O) or be in the process, either by an individual or a corporation.
2. Conduct a Physical Inspection
- Visit the site to verify:
- It exists.
- There are no encumbrances or disputes.
- The size and topography match what’s advertised.
- Ask questions from neighbours.
- Look out for acts of possession
- Look out for power transmission lines known as high tension lines.
- Look out for pipelines.
- Look out for signs of government acquisition.
3. Conduct a Land Verification/Title Search
- Go to AGIS (Abuja Geographic Information Systems) which is the land registry of Abuja, to:
- Confirm the title (C of O or Right of Occupancy).
- Request for TDP and Confirm if the TDP corresponds with the title documents and the land itself.
- Check if there are any encumbrances, family contention, court cases, probate issues, or government acquisition.
- Confirm that the seller is the rightful owner and the history on how title has devolved to the current owner.
4. Verify Zoning and Land Use
- Abuja has a masterplan and very strict zoning regulations.
- Confirm from FCDA or AGIS that the land is zoned for your intended purpose (e.g., you can’t build residential on land zoned for agriculture).
- Also check, what kind of buildings are allowed in such areas, high rise, bungalows, low density, medium density, or high density.
- If the land already has a building or foundation, request for the building approval.
5. Check for Development Levy or Ground Rent
- Check for outstanding ground rents, tenement rate payments, taxes, or unpaid fees attached to the land or property.
6. Prepare a deed of Assignment.
- Your lawyer will:
- Draft or review the Deed of Assignment.
- Ensure that your proprietary and equitable interests are looked out for and well protected.
7. Execute the deed of assignment and Obtain Necessary Documents
After payment:
Parties to the transaction are to execute the deed of assignment by signing in presence of witnesses and proceed collect original documents from the seller:
- C of O or Right of Occupancy (R of O)
- Previous Deeds of Assignment or power of attorneys linked to the property.
- TDP
- Receipts
8. Register the Land with AGIS
- Submit:
- Deed of Assignment
- TDP
- Passport photographs
- Valid means of Identification
- Pay registration fees and stamp duties.
- AGIS processes the documents and issues you a Registered Title.
9. Apply for a Certificate of Occupancy (If Not Already Available)
- If the land doesn’t already have a C of O, apply through the FCDA or AGIS.
- This gives you a compressive title and validates your proprietary interest over the land.
10. Fence the Land and Take Possession
- This is an act of possession that prevents trespass or encroachment.
- Put a Caveat Emptor “This land is not for sale.”
Written By:
Ehis kelly Osagiede Esq, a seasoned property lawyer.
Ehis can be reached on 08079884099 or starlionlegal@yahoo.com
For: Starlion Legal
STARLION LEGAL 