Buying Land in Abuja: What an R of O, C of O and AGIS Search Actually Tell You

Before paying for land in Abuja, a buyer needs to establish three things: whether the documents are genuine, whether they identify the land being offered and whether the seller has the authority to complete the transaction.

An impressive estate brochure cannot answer those questions. Neither can a photocopied title document presented without an independent search.

Understanding an R of O, a C of O and the role of the Abuja Geographic Information Systems helps buyers ask better questions before committing money.

What is an R of O?

R of O means Right of Occupancy. In a land transaction, buyers may encounter an offer or grant document identifying the allottee, plot and conditions attached to the allocation.

Read the document itself rather than relying on the seller’s description. Check its issuing authority, reference number, location, permitted use and any conditions requiring acceptance or payment.

A document described as an R of O should still be authenticated against the relevant official records. Its existence does not establish that the person holding the photocopy is entitled to sell the land.

What does a C of O establish?

C of O means Certificate of Occupancy. FCT Lands describes it as an official document evidencing a person’s right to occupy and use a specified parcel under a Right of Occupancy, subject to the grant’s conditions.

For a buyer, the important words are “specified parcel” and “conditions”.

The certificate needs to match the land being offered. The transaction also requires examination of the seller’s interest, any intervening transfers and matters that could affect the title.

Possession of a C of O is therefore one part of the investigation. It is not a reason to abandon the rest of the checks.

What can AGIS verify?

AGIS lists property searches, verification of land records and preparation of title documents among its services.

An official search helps establish what the land records show. Through your lawyer, ask what information the search covers, what supporting documents are required and whether further enquiries are necessary.

Keep the written result. A verbal statement that “someone checked it at AGIS” gives you little evidence to review later.

Search requirements and charges can change, so confirm them directly through official channels before paying.

Match the documents to the ground

A genuine document can still be presented in connection with the wrong plot.

Have a registered surveyor identify the land using the relevant survey information. Compare the plot number, cadastral zone, area and coordinates with the documents supplied.

For estate purchases, ask how your proposed plot relates to the larger parcel. Establish whether the layout and proposed subdivision have the necessary approvals.

A drawn estate layout should not be treated as proof of planning approval simply because it carries plot numbers.

Check the seller’s authority

Where the seller’s name differs from the name on the title, ask for the documents connecting them.

The transaction may involve an assignment, inheritance, company, representative or other arrangement. Each requires examination of the relevant authority and supporting records.

For a company sale, your lawyer should check the company’s identity and the authority of the people signing. For a representative, examine the instrument relied upon and its scope.

AGIS publishes requirements for transactions involving instruments such as deeds and powers of attorney. The requirements applicable to your transaction should be confirmed before completion.

Put the checks into a written transaction checklist

Do not assume that recertification, a survey plan or a receipt answers every item on this list. Each document serves a particular purpose.

Before paying a deposit

Ask your lawyer to explain which checks are complete and which remain outstanding. If payment is proposed before verification finishes, the agreement should address the conditions, refund position and consequences of an unsuccessful search.

Keep payment records and ensure the recipient is the party authorised under the transaction.

Pressure to pay immediately should not replace document examination. The safest time to resolve uncertainty about a plot is before money changes hands.

Sources: AGIS services and AGIS processes and payment requirements.

This guide explains general checks. The documents and legal requirements for a particular purchase should be assessed by a Nigerian property lawyer and registered surveyor.