The short answer: in Lagos today, the correct document is a Deed of Assignment.
A Deed of Conveyance transfers land owned forever. That kind of ownership stopped existing in Nigeria in 1978. A Deed of Assignment transfers what is left of a 99-year right — which is all anyone in Lagos actually has to sell.
But here is the part that matters more than the name: neither document makes you the owner by itself. Both are only the first of three steps.
Why there are two words for one job
Before 1978, Nigerians could own land — outright, forever. The instrument that moved freehold land from one person to another was a conveyance.
The Land Use Act of 1978 ended that. All land became vested in the Governor, and what individuals hold now is a , normally 99 years.
You cannot give away more than you have. So a seller with 71 years left on a 99-year right cannot convey the land forever — they can only hand over the of what they hold. Transferring the remainder of a term is called an assignment.
That is the whole distinction. Conveyance belongs to the old world. Assignment belongs to the one you are buying in.
Side by side
| Deed of Assignment | Deed of Conveyance | |
|---|---|---|
| Transfers | Unexpired residue of a right of occupancy | Freehold ownership |
| Parties | Vendor and Purchaser | |
| Era | 1978 to today | Mainly pre-1978 |
| Correct in Lagos now? | Yes | No, except as historical record |
| Needs Governor's Consent? | Yes | Yes, if used today |
| Must be registered? | Yes | Yes |
You will hear lawyers and agents use the two terms interchangeably, and in ordinary conversation little turns on it — both are deeds, both transfer interest in land, both must be registered. The wording matters when the document is drafted, not when it is discussed.
It also depends on which state you are buying in
Nigeria has no single conveyancing statute. Different regions inherited different laws, and the language differs accordingly.
| Where | Governing law | Usual term |
|---|---|---|
| Lagos | Land Registration Law 2015, Mortgage and Property Law 2010 | Deed of Assignment |
| Ogun, Oyo, Ondo, Osun, Ekiti, Edo, Delta | Either; "conveyance" is common | |
| Eastern and Northern states | Conveyancing Act 1881 | Deed of Conveyance |
So if you are buying in Mowe, Ofada or anywhere else in Ogun State, a document headed "Deed of Conveyance" is not automatically wrong. In Lagos, it should prompt a question.
The step everyone skips
A signed deed gives you an , not legal title.
Three steps turn one into the other, and they must happen in order:
1. Governor's Consent. Under section 22 of the Land Use Act, a transfer without consent passes no legal interest.
2. Stamping. An unstamped instrument is inadmissible as evidence in court, and late stamping attracts penalties.
3. Registration at the Lagos Land Registry, which puts the world on notice that the land is yours.
Skip these and you hold a private agreement between two people. An unregistered deed can lose to a who registers before you do.
If a seller shows you a Deed of Conveyance in Lagos
Three possibilities. Work out which one you are looking at.
- It is a genuine pre-1978 document. This is good news. It shows the land was privately owned before the Land Use Act, which strengthens the . Keep it — but the deed transferring the land to you should still be an assignment.
- It is simply mislabelled. Common, and usually harmless if the substance is right. Your lawyer should correct the heading and the operative wording before signing.
- It is claiming freehold ownership of Lagos land today. That is not possible under the Land Use Act. Stop and investigate.
What the deed must contain
- Full names and addresses of both parties
- tracing how the seller acquired the land
- The price paid, and a receipt clause acknowledging payment
- A precise description of the property, with the survey plan attached
- The words "subject to the Governor's consent"
- from the seller
- Signatures of both parties, witnessed and dated
Red flags
| What you see | What it means |
|---|---|
| No survey plan attached | The land being transferred is not properly identified. |
| No "subject to Governor's consent" clause | Your legal safety net is missing. Insist on it. |
| Recitals skip a link in the chain | Somewhere a transfer was never documented. Investigate. |
| "You don't need to register, just keep the deed" | Wrong, and expensive later. |
| Seller's lawyer offers to act for you too | Get your own lawyer. |
Bottom line
In Lagos, ask for a Deed of Assignment. In Ogun, either heading may be correct. Anywhere in Nigeria, the name on the document matters far less than what you do after signing it: consent, stamp, register. A perfectly drafted deed sitting in a drawer is a promise. A registered one is ownership.
Sources
- Land Use Act 1978 — full text (sections 22, 34)
- G. Elias — introduction to Nigerian real estate law and applicable conveyancing statutes by region
- Mondaq — overview of land documents in Nigeria
- The Firma Law Practice — Certificate of Occupancy and Deed of Assignment compared
- Resolution Law Firm — Deed of Assignment and registration requirements
- Tribune Online — is there a difference between the two deeds?
- Omaplex — regional application of the PCL 1959 and Conveyancing Act 1881
This article explains general legal principles in Nigeria. It is not legal advice. Have a qualified property lawyer draft or review any deed before you sign or pay.
