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Deed of Assignment

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A Deed of Assignment is an instrument of transfer which is used in real estate transactions to transfer legal title or the ownership of a land or building from the title holder (called the assignor ) to another called the assignee , usually for a consideration (money or money's worth).

The title transfer is done in writing, signed, sealed and delivered by the parties to the transaction. This is a very important document that should be delivered to the purchaser after the conclusion of the sale of any real property .

Note: This document is different from the Contract of Sale because although it is a vital document in real property sale and purchase transactions, the Contract of Sale alone does not transfer ownership or interest in real estate. On the other hand, a registered Deed of Assignment not only transfers legal interest in real property but also serves as the assignee's root of title . This means that a registered Deed of Assignment is enough proof of ownership of real property .

According to the Land Use Act, all state and federal lands are vested in the governor of each state and the federal government respectively, who hold the lands as trustees for Nigerians. Consequently, a person who acquires ownership of land in Nigeria is granted a certain term of years (usually 99 years) and is not referred to as the owner but the holder of a term of years and can assign the remainder of such term to another under a Deed of Assignment.

Note that if a person gifts another a real property , a Deed of Gift should be executed for this purpose.

How to use this document

The document should outline the names and addresses of the parties, a detailed description of the property being conveyed, the origin of the property, covenants and representations of the assignor.

After completing this document, the parties should sign the document . If either of the parties is an individual , the individual should sign the document and the document must be attested by one witness who will put their name, occupation, address and signature. If either of the parties is a company , the common seal of the company should be affixed on the document and either two directors or one director and one company secretary should sign the document.

After the documents have been properly executed, either of the parties (particularly the assignee) should take steps to register the property . The parties should consult a real property agent or their lawyer to register the property .

The assignor should deliver at least 4 (four) signed copies of this document to the assignee for registration at the requisite lands registry. The assignor can also keep a signed copy of this document for their record .

Applicable law

The Land Use Act 1978 applies to this document. The Property and Conveyancing Law of 1959 , Lagos State Registration of Titles Law 2004 and the Registration of Titles laws of various states are also applicable to this document.

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A guide to help you: How to Acquire Real Property in Nigeria

Other names for the document:

Deed of Agreement for Land, Deed of Assignment for Agreement, Deed of Assignment for Contract, Deed of Assignment for Land, Deed of Assignment of Real Property

Country: Nigeria

Commercial Real Estate - Other downloadable templates of legal documents

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• Commercial Lease Amendment Agreement
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• Land Ownership and Documentation

Deed of Assignment in Nigeria: A Complete Guide (2024)

In Nigeria, the Deed of Assignment is paramount for transferring property ownership. This legal document, vital for transferring land ownership, serves as a legal root of title to the property. It’s essential to meet specific legal requirements for its validity, often necessitating a lawyer’s assistance. Registering the deed with the relevant land registry is crucial to legally prove the property transfer.

Key Takeaways:

• The Deed of Assignment is a vital document for property ownership transfer in Nigeria.
• Legal requirements must be fulfilled when creating a Deed of Assignment.
• It is recommended to consult a lawyer for proper preparation of the deed.
• Registering the deed with the relevant land registry is essential for legal proof of property transfer.
• Cost of preparing a deed of assignment can vary based on property value and lawyer’s expertise.

Importance of a Deed of Assignment in Nigeria

• Transfers ownership of land or property from one party to another.
• Serves as a legal root of title to the property.
• Essential for establishing clear and legal property ownership.
• Provides security and protection for the new owner.
• Prevents potential future disputes or claims regarding the property.

Procedure for Executing a Deed of Assignment in Nigeria

• Prepare the necessary documents including names and addresses of the parties, date of transfer, nature of the assignor’s title, property description, and purchase price.
• Ensure both the assignor and assignee sign the deed.
• Have the deed prepared by a qualified lawyer to ensure its legality.
• Register the deed with the relevant land registry to establish legal proof of the property transfer.
• Consider the cost factors, such as the value of the property and the lawyer’s expertise, and budget accordingly.
• Seek legal assistance to ensure proper execution and registration of the deed.

In wrapping up, navigating the terrain of property ownership transfer in Nigeria need not be a herculean task. The Deed of Assignment is your legal compass, guiding the transfer process seamlessly. While it’s a journey filled with legalities and paperwork, remember that each step fortifies your claim, solidifying your ownership and safeguarding your investment against future disputes.

Don’t shy away from seeking legal counsel to ensure every ‘t’ is crossed and ‘i’ dotted. Your property is a significant investment; give it the legal backing it deserves. Stay guided, stay legally secured. Cheers to the new property owners

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About The Author

Azeez Onifade

Abdul Azeez is a land Surveyor and a Real Estate enthusiast. He has about 11years experience in the industry.

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HOW TO PREPARE DEED OF ASSIGNMENT IN LAGOS NIGERIA

A deed of assignment is the legal instrument prepared and drafted by a lawyer of an assignor (seller) or assignee (buyer) upon the negotiation and completion of a sale of the land transaction. It is used to transfer legal title and ownership to land from the assignor to the assignee for a consideration paid and accepted by the assignor.

Deed of assignment is evidenced in writing to be signed, sealed, and delivered by parties to the transaction. A deed of assignment is said to have been delivered when interest has passed and the interest can be passed with or without a physical handover.

Requirements to Prepare a Deed of Assignment In Lagos

There are important information to be requested from parties when preparing a deed of assignment in Lagos, as they would form the particulars contained in a valid deed of assignment that can be enforced by the court.  The same requirements are applicable in other parts of the country. These particulars are as follows;

• Full details of parties to the transaction (names, address, status). the parties must be persons at law, i.e. individuals or corporate entities.
• Nature of assignor’s (vendors) title.
• The full description/particulars of the property with fittings & fixtures where applicable.
• History of the property being transferred from the first time it was acquired to the current time of sale, including documents it previously had to date.
• Details of the document that the property possesses.
• The consideration paid in respect of the property transaction (purchase price) and the willingness of the assignor to accept the price paid for the property.
• The nature of the transaction and the capacity of the assignor (vendor).
• Covenants both parties to the transaction undertake to fulfill to perfect the transfer of the title.
• Signature of the parties and that of the witnesses to the transaction and where either party to the transaction is a company, the common seal of the company will be affixed to the deed and will be signed by two directors or one director and a secretary of the company.
• Survey plan, local authority, and town planning authority of the area.
• Name and address of the Legal practitioner who prepared the deed.
• Illiterate jurat which is to be attested before a Magistrate or Notary Public (this is particularly necessary where either party to the transaction is illiterate).
• Section for the Governor’s consent to be signed by Governor or designated representative of the Governor.

Where the above information has been had and obtained, the deed of assignment is subsequently prepared by the solicitor acting on behalf of the assignee or acting on behalf of both parties to the transaction and copies will be delivered to each party.

Upon payment of the full consideration and due execution of the deed, the assignee is to take steps to register the deed of assignment for the perfection of title at the Land Registry, where the following process will be followed;

• Obtaining Governors Consent upon application and payment of prescribed fees, such as charting fee, application fee, administrative charges, and endorsement fee, etc.
• Stamping of the deed of assignment by the Lagos State Internal Revenue Service (SIRS) where the parties to the transaction are individuals or the Federal Inland Revenue Service (FIRS) where either party to the transaction is a company.
• Registration of the deed of assignment by presenting the deed of assignment to the Lagos State Lands Registry within 60 days of execution of the deed, for registration which subsequently signifies the completion of the registration process.

A deed of assignment which is also called a deed of conveyance in some jurisdictions is a legal document that transfers ownership and interest in land from an assignor to the assignee. It is prepared by a lawyer representing the buyer or representing both parties to the transaction.

A deed of assignment after due execution should be registered with the state government where the land is registered. A registered deed of assignment transfers a legal interest in the property and serves as a good root of title that signifies the transfer of title from one person to another.

By Real Estate Law Team at Resolution Law Firm

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Everything You Need to Know About the Deed of Assignment in Nigeria

Following the resolutions enshrined in the Land Use Act of 1978, the Governor of a State in Nigeria is the custodian of the landed properties – and is at liberty to distribute the same. That makes it essential for every property owner to have the relevant documents to have a legal claim. The Deed of Assignment is one such document.

In this article, we talk about the relevance of the Deed of Assignment and some of the benefits it offers.

What is the Deed of Assignment?

It is a legal document that records the sale of land, as well as conveys to the owner or holder, the exclusive rights to use and resell the land. Hence, the presence of this document in any real estate transaction helps to confirm the authenticity of the property , ascertaining that the holder is the original or current owner and that such a person, is by law, permitted to transfer the legal rights of ownership to the buyer or new owner – the assignee .

When is the Deed of Assignment Issued?

The document is typically issued at the end of a landed property transaction. The seller (the assignor) offers this document to the buyer (the assignee), signifying the former’s transfer of the legal rights and interests in the land to the latter.

If you are purchasing from a real estate company, like Grounds and Cribs , you will get the document on the completion of the transaction. A deep delve into this article will reveal how long it takes to get a deed of assignment in Lagos .

Who Prepares the Deed of Assignment?

Only a practicing lawyer can be allowed to prepare the Deed of Assignment in Nigeria. To ensure fairness, the lawyer will take into account the interests of the parties involved (the client/assignee, and the seller/assignor).

On preparation, the document will be released to the seller or assignor for vetting and or corrections. Once this stage is over, the lawyer will prepare the final draft for both parties to authorize the transaction.

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2 Features of the Deed of Assignment

For this document to become valid, certain pieces of information. The required data cuts across the parties’ information, the details of the land, and any other financial-related information.

1. Transacting Parties’ Information

Data of the transacting parties (the seller and buyer) will be provided. This includes:

• The names, addresses, and statuses of the transacting parties.
• Signatures of the buyer and seller
• Signatures of the witnesses to the transaction.
• The nature of the transaction.
• The vendor/seller/assignor’s capacity.

2. Property’s Details

Information about the land or property will also be required. The data includes the nature of the vendor or seller’s title, the land survey plan, and the due date for assigning the land from the seller to the buyer.

Other pieces of information required are:

• The land’s history, from the time it was it was initially obtained or paid for, down to the current transaction.
• The amount of money involved or the buy price . The seller will also specify the readiness to accept the assignee or buyer’s offer.
• The specifications, descriptions, or fixtures in the property.

Other information included in the Deed of Assignment are:

• The details of the lawyer who prepared the document, including the name, office address, and contact detail(s).
• Details of the verifiable document that the property bears.
• A dedicated section for the Governor’s Consent to be signed and validated.

3 Stages to Getting the Deed of Assignment

Before the Deed of Assignment is assigned, several steps, procedures, or stages must have been completed. These include:

a. Obtaining the Governor’s Consent

This is as per the stipulations in The Land Use Act, LFN 2004. The acquisition of the Governor’s Consent is based on the provision that the property in question must be registered at the registry, in the vendor or seller’s name.

Once this is ascertained, the following procedures will follow:

• The application for the Governor’s Consent will be made at the registry.
• The Land Form 1C will be used for this purpose.
• The parties will provide the necessary information in the form.
• Both the seller and the buyer will append their signatures to the form.
• The parties to the transaction (the buyer and the seller) will swear to the form, either before a notary public or a magistrate.
• On completion, the form will be sent to the Commission assigned by the Governor of the State to attend to such.

b. Stamping of the Deed of Assignment

Following the Governor’s approval or consent via the Commissioner specifically designed to grant such requests; the Deed of Assignment will then be ready for the next stage. This is the signing stage and it is up to the solicitor to verify that the stamp duty due to the transaction has been paid.

c. Registration of the Deed

This is the final stage of getting the Deed of Assignment prepared. In this stage, it has to do with registering the deed. It is important because the deed is deemed to be a “registrable instrument.” By the registration, it becomes admissible in the court as evidence and helps to avoid fraud and related problems, arising from the omission of instruments, after the title is deduced.

As per the stipulations of Section 25 of the Lagos State Instrument Registration Law, the deed must be registered within sixty (60) days after execution. The completion of this process paves the way for the Deed of Assignment to become a legal document, to formalize the land transaction and to serve as a solid root title of the land.

Benefits of the Deed of Assignment

Having this document goes beyond formalizing the transaction. You can use the Deed of Assignment because of these reasons:

• It serves as the valid root title of the land. Hence, it solidifies the vendor or seller’s legal rights to transfer the land.
• The Deed of Assignment also highlights the interests of the parties involved – the buyer and the seller.

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Final Words

The Deed of Assignment is the main document in a real estate transaction, as it shows the subsisting information, such as the necessary due diligence is done, the investigations, and the negotiations by the transacting parties.

Always contact a lawyer to help you draft the document, in a way that your interests and that of the other transacting party are covered.

Looking to invest in Epe, Lekki, Ibeju-Lekki, Ajah or any other parts of Lagos or Nigeria? Reach out to our team on WhatsApp, wa.me/+2347031211154 or call +2347031211154 for a list of available properties and to book an inspection

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Deed of Assignment

Updated: Nov 11, 2021

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Key description

• The Deed of Assignment, unlike the Deed of Lease, lets a party legally alienate their landed property to another, inclusive of their unexpired interest (usually 99 years under the Nigeria law and practice) based on a consideration. With the Deed of Assignment signed and executed under the relevant Nigerian real estate law regime, a party has no reversionary interest.

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PROCEDURE FOR THE REGISTRATION OF DEED OF ASSIGNMENT IN NIGERIA

A Deed of Assignment is a legal document that transfers a party’s rights and benefits to another party.

CHAMAN LAW FIRM

1/3/2024 4 min read

Quality, not quantity

We have made quality our habit. It’s not something that we just strive for – we live by this principle every day.

Cambridge English Dictionary describes it as, ‘a legal agreement to give an asset or to sell a debt to someone else and enables ownership of a life-insurance policy to be transferred from the existing owner to another person or organization. A deed of assignment is essentially for the Land purchases and the transfer of property and asset.

The importance of Deed of Assignment cannot be underestimated; it is valid evidence to title to land especially in dispute. The party who transfers rights and benefits is known as the’ assignor’, and the person who receives the rights and benefits is known as the ‘assignee’.

A valid deed of assignment must contain the following details:

1. Names, address, status of Participants in the transaction

2. The date on which the property was transferred from the vendor to the buyer.

3. The nature of assignor's (vendors') title’s.

4. The entire description/specifications of the property, including all prior documentation, from the time it was first acquired until the current moment of sale.

5. Details regarding the property's verified document.

6. The amount of money paid in a real estate transaction (purchase price), as well as the vendor's willingness to accept the price paid.

7. The nature of the transaction and the capacity of the assignor (vendor).

8. Signatures of the parties and witnesses 9. Survey plan 10. The details of the lawyer who drafted the deed. 11. The Governor's assent.

REQUIREMENT FOR REGISTRATION

1. Title applicant obtains an Application Form and returns the completed Application Form to the Lands Department together with the following supporting documents;

2. Tax clearance receipts from the applicant or, in the case of a corporation, two of the directors, for the previous three years.

3. An affidavit signed by the applicant, or in the case of a corporation, a Director or Secretary, attesting to the accuracy of the information on the Application form.

4. Affidavit of attestation by witnesses.

After the aforementioned requirements are fulfilled, the applicant can go ahead to execute the deed in compliance with the following procedure:

1. The Application form, along with any other supporting documentation, is to be sent by the Commissioner to the Permanent Secretary, who then sends it to the Director of Lands to be processed.

2. The Director of Lands directs the Schedule Land Officer in charge of the area in question to open a file, assign it a file number, and forward it to the Principal Valuation Officer for valuation.

3. The Land Officer II attaches a sketch plan of the property and submits it to the Principal Valuation Officer.

4. The inspection and valuation report are reviewed by the Principal Valuation Officer. The Principal Valuation Officer signs the report and returns it to the Schedule Land Officer if there are no problems in the computation or report.

5. The Schedule Land Officer advises the applicant of the fees that must be paid as well as the banks to whom the payments must be made. The Head of Accounts and/or the Sub-Treasurer receive a copy of the fee schedule.

6. The applicant pays the chosen banks and obtains copies of the bank tellers to the Sub-treasury and Accounts Departments.

7. Payments are confirmed by the Sub-treasury office by comparing bank tellers to bank manifests. If the payment information is included in the manifest, the applicant receives a receipt. However, if there is no record of payment in the manifest, the applicant should correct payments before requesting a receipt. This should be reported to the Director of Lands.

If the transaction follows the established processes, the Permanent Secretary analyzes the entire process and delivers the file to the Commissioner for approval. The Commissioner signs the approval and sends it to the Permanent Secretary, who then submits it to the Director of Lands.

Subsequently, the Director of Lands directs the Schedule Land Officer to make arrangements for stamping and registration, as well as to notify the applicant of the date when the registered Title document will be available for collection. The Schedule Land Officer submits the paperwork for stamping and registration to the Registrar of Deeds. Following which the document is registered by the Registrar of Deeds, and the applicant signs and obtains the registered title document.

Before the actual alienation or sale of any interest in land in Nigeria, the Governor's authorization is required. The Land Use Act stipulates that the Governor's consent must be acquired. Section 22 of the Act states that it is unlawful for the holder of a statutory right of occupation given by the Governor to assign, mortgage, transfer possession, sublease, or otherwise alienate his right of occupancy or any part thereof without first obtaining the Governor's consent. The Land Use Act further states that "when providing his assent to an assignment mortgage or sublease, the Governor may compel the holder of a statutory right of occupation to submit an instrument in evidence of assignment, mortgage, or sublease, and the holder shall send the said instrument to the Governor when so needed in order for the Governor's consent to be expressed by endorsement thereon."

NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact [email protected]

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DEED OF ASSIGNMENT: EVERYTHING YOU NEED TO KNOW.

A Deed of Assignment refers to a legal document in which an assignor states his willingness to assign the ownership of his property to the assignee. The Deed of Assignment is required to effect a transfer of property and to show the legal right to possess it. It is always a subject of debate whether Deed of Assignment is a contract; a Deed of Assignment is actually a contract where the owner (the “assignor”) transfers ownership over certain property to another person (the “assignee”) by way of assignment. As a result of the assignment, the assignee steps into the shoes of the assignor and assumes all the rights and obligations pertaining to the property.

In Nigeria, a Deed of Assignment is one of the legal documents that transfer authentic legal ownership in a property. There are several other documents like a deed of gifts, Assent, etc. However, this article focuses on the deed of assignment.

It is the written proof of ownership that stipulates the kind of rights or interests being transferred to the buyer which is a legal interest.

Read Also: DIFFERENCE BETWEEN TRANSFER OF PROPERTY THROUGH WILLS AND DEED OF GIFT

CONTENTS OF A DEED OF ASSIGNMENT

Content of a Deed of Assignment matters a lot to the transaction and special skill is needed for a hitch-free transaction. The contents of a deed of assignment can be divided into 3 namely; the introductory part, the second (usually the operative part), and the concluding part.

• THE INTRODUCTORY PART: This part enumerates the preliminary matters such as the commencement date, parties in the transaction, and recitals. The parties mentioned in the deed must be legal persons which can consist of natural persons and entities with corporate personality, the name, address, and status of the parties must be included. The proper descriptions of the parties are the assignor (seller) and assignee (buyer). The Recitals give the material facts constituting the background to the current transaction in chronological order.
• THE SECOND PART (USUALLY THE OPERATIVE PART): This is the part where the interest or title in the property is actually transferred from the assignor to the assignee. It is more like the engine room of the deed of assignment. The operative part usually starts with testatum and it provides for other important clauses such as the consideration (price) of the property, the accepted receipt by the assignor, the description of the property, and the terms and conditions of the transaction.
• The testimonium : this shows that all the parties are involved in the execution of the deed.
• Execution : this means signing. The capacity of the parties (either individual, corporate bodies, illiterates) is of great essence in the mode of execution.  It is important to note that the type of parties involved determines how they will sign. Example 2 directors or a director/secretary will sign if a company is involved. In the same way, if an association, couple, individual, illiterate, family land (omonile), firm, unregistered association, etc. is involved the format of signature would be different.
• Attestation : this refers to the witnessing of the execution of the deed by witnesses.

For a Deed of Assignment to be effective, it must include a column for the Governor of the state or a representative of the Government where the property is, to sign/consent to the transaction. By virtue of Sec. 22 of the Land Use Act, and Sec. 10 Land Instrument Registration Law, the Governor must consent to the transaction.

Do you have any further questions? feel free to call Ibejulekkilawyer on 08034869295 or send a mail to [email protected] and we shall respond accordingly.

Disclaimer: The above is for information purposes only and should not be construed as legal advice. Ibejulekkilawyer.com (blog) shall not be liable to any person(s) for any damage or liability arising whatsoever following the reliance of the information contained herein. Consult us or your legal practitioner for legal advice.

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3 Important things you need to know about Deeds of Assignment in Nigeria

Deeds of assignment are an important part of any land transaction in Nigeria. It acts as the main record of the transaction between the Seller and the Buyer. The Deed of Assignment transfers legal ownership of the property to the Buyer. This is distinct from a Contract of Sale, which merely transfers equitable ownership to the buyer.

Where a seller delivers a Deed of Assignment to the Buyer, the law assumes that the purchase price has been paid, and other necessary conditions have been fulfilled by the parties. The Seller cannot later say that he did not receive the purchase price.

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Key elements of A Deed of Assignment

T he property’s legal owner must sign the deeds of assignment.

A Deed of Assignment of Land must be executed by the Legal Owner of the property. Legal title is the actual ownership of the property. Legal title grants true ownership of the property, along with the bundle of rights that comes with land ownership.

A simple search at your state lands registry can help you identify the title holder. We recommend that you do this search as part of your due diligence process. This saves you stress in the future.

To register your title, you must have filed an application for Governor’s Consent with your State Lands Registry. In some situations, a seller may be eligible to apply for a Certificate of Occupancy.

Where a seller has not registered his title with the State Government, he/she can only transfer equitable title to the property. This means that the Legal title still resides in the last person who registered their title with the state.

A Rule of Thumb: If the seller is not the registered title holder, they cannot sign the Deed of Assignment

You must do your due diligence beforehand

Generally, the law expects a buyer to physically inspect the property he wants to purchase. He should also verify the title documents. A seller can only transfer his/her rights to the buyer. This means that if there are any limitations to their rights, those limitations will be passed on to the buyer. This can be quite infuriating.

This process should tell you whether you are buying the land from the right person, if there is any encumbrance on the land (such as an unpaid mortgage) or whether the land is suitable for your purposes. Facts discovered during the search process may affect your negotiations with the seller.

Recitals are Important

Recitals can make or break your Deeds of Assignment. This is because the root of title has to be clearly outlined and traceable within the recital. You must always ensure that there are no gaps in the chain of title between past owners of that property and the seller. Furthermore, any errors in your recital may lead to lengthy and costly litigation in the future. You could also experience immense frustration when trying to register your title with the government.

There is a widely-held perception that the recitals are legally inconsequential, since their role is fundamentally ‘scene-setting’ in nature and they do not automatically form part of the operative, legally binding agreement between the contracting parties. However, when a dispute arises and a court or arbitrator has to decipher the contract, the recitals may aid interpretation. They are, after all, clearly a part of the written contract in some way or other.

Milton & Cross Solicitors provides transaction advisory, due diligence and contract drafting services to individuals and businesses. We are always happy to assist you in coordinating and negotiating effective Deeds of Assignment.

Contact us to schedule a consultation

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Deed of Assignment and its Importance in Land Transactions

Buying a property or piece of land should be a great moment of joy. But that great moment of joy can get turned on its head, to be followed by sorrow and regret. This can easily happen without proper due diligence. A lot of Nigerians have fell victim due to laxity in due diligence when transacting real estate.

When a property or piece of land is purchased or transferred from one owner to another, there are some important documents the new owner must obtain from the individual transferring the land. One of these documents is referred to as a Deed of Assignment and it is the most important legal document you need to get for your land. It is akin to getting a receipt from a retailer after purchasing a valuable item.

What is a Deed of Assignment?

By definition, a Deed of Assignment is simply a contract or an agreement between the seller of a piece of land and the buyer showing details and evidence that all title, rights, and interest of ownership of the land has been transferred to the buyer.

In legal terms, a Deed of Assignment is an agreement where an assignor declares a promise that from the assignment date or any date stated within the contract, the assignor allocates the entirety of its stake in that land or property to the assignee.

By these definitions, it is easy to understand why a Deed of Assignment has such importance in real estate transactions. It is considered a must for all transactions of transfer of ownership of land.

In Nigeria, it is believed that 6 out of 10 people have been victims to property fraudsters that pretend to be owners of a piece of land. They proceed to show off the land to numerous prospective buyers who would often accept a receipt as a proof of transfer of ownership.

So, in plain terms, a Deed of Assignment can be likened to the legal equivalent of a receipt for goods purchased at a store or the particulars of a newly bought vehicle. With the Deed of Assignment document, the bearer has all legal rights to the transferred property and can use it as he or she deem fit.

For a Deed of Assignment to be legally binding, it needs to clearly identify the seller and the buyer, and it must also contain the following information:

- Date of transfer of ownership

- Addresses of the seller and buyer and how they are binding to the successors, friends and other people who represent the seller and buyer in any capacity

- Price of purchase of property

- Detailed description of property, including the size of the property

- A history of transfer of ownership of property, from the date it was first acquired to the time it is to be sold to the new owner

- Covenants or promises that the buyer and seller will undertake in order to execute the deed

- A section for the Commissioner of Oaths or Governors Consent to authenticate and sign the agreement

- Signature of the seller and buyer

As a legally binding document in real estate transactions, a Deed of Assignment is often recorded in the local land registry as a proof of transfer of the property to the new owner. The format of a Deed of Assignment is made up of a cover page that show the identities of the buyer and seller as well as a description of the land; a second page that show the date of the transfer, names and location of buyer and seller, and a history of how the seller came into possession of the land; a third page that show the description and cost of the land, a survey plan number including the date and name of surveyor, and the promises that both buyer and seller would abide after the transaction is completed; and a last page that display signatures of the buyer and seller as well as signatures of witnesses to the transaction.

Because most property buyers are not familiar with the documents that are required to be prepared and transferred to them by land sellers, it is advisable for property buyers to always get the services of a lawyer in order to protect their interest during the course of property transactions.

Documents Required For Property Transfer In Nigeria (UPDATED)

Buying a Land or a House goes beyond just making payments, there is a need to have the required documents for property transfer – from the seller to the buyer – in order to avoid unnecessary cases with others or the government.

Before we go into details of the documents required for property transfer in Nigeria , it is important to imagine these documents as receipts you collect after making purchases like phones, shoes, bags etc. Or even the certificate awarded at the completion of your degree. In whatever sizes or shape they come, the main purpose is that they serve as PROOF. 

If you ever get into a property transaction, you definitely need to have proof other than word of mouth.

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Certificate Of Occupancy

The Certificate of Occupancy is the most important land document in Nigeria . It is that which certifies the legal and ownership status of any land in Nigeria irrespective of its usage. It is the document that indicates that an individual as being granted statutory right of occupancy by the Governor of the state where the land is located or a customary right of occupancy by the Local Government Chairman, depending if the land is in a rural area. While the Customary Right of Occupancy is issued by the Local Government Council, the Statutory Right of Occupancy is issued by the State Government.

The Certificate of Occupancy is the document given to an individual which proves ownership of a piece or larger parcel of land as attested by the government in accordance with applicable laws of the state. Over the years, people have to present the Certificate of Occupancy in order to claim a land.

Right of Occupancy (R of O)

The Right of Occupancy often referred to as the “R of O”, was introduced by the Land Use Act. This is another document required by an individual for property transfer in Nigeria. Right of Occupancy as the name depicts, means a particular person has the right to use and occupy a land in accordance with the Land Use Act provisions. This does not in anyway mean they have claims as ownership to the land.

The R of O grant individuals or corporate organization rights over a plot or parcel of land in government approved layouts. The right is usually for a period of time, a maximum of 99 years is granted for residential purposes, while it is between 35 to 70 years for other uses, depending on the value improvements.

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Deed Of Assignment

The Deed of Assignment is a very important document required for any property transfer in Nigeria. It must be demanded and given to a buyer after the conclusion of a land or property transaction between the buyer and the seller (property owner) of land or property. A Deed of Assignment is there an agreement between the seller (assignor) and buyer (assignee). It is where the assignor states the details of the transaction with the assignee, which includes his promise to assign the ownership of the property or land from a specific date to the assignee. In the deed, the details of the contract are spelt out: the date when the ownership is transferred from one person to the other, the specific description of the property, location etc.

A Deed of Assignment, therefore, is an agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee.

The deed contains very important information of any real estate transaction. Apart from the Certificate of Occupancy, the deed of assignment is the most recognized document with matters related to land in Nigeria. It helps to trace the history of how a land or property got to the present owner, as well as any dispute that might have occurred.

The document must contain the names and descriptions of the parties, detailed description of the property, agreed purchase price, acknowledgement of receipt of that amount, the capacity in which the vendor is selling, a warranty that he had the right to sell etc.

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Deed Of Lease

A Deed of Lease is the formal document (contract) entered into for a commercial property by the tenant and landlord after an Agreement to Lease is signed. The deed of lease is always prepared based on the information contained in the Agreement of Lease terms after it has been reached by the landlord and the tenant.

Deed Of Sub-lease

The Deed of Sub-lease is another important document in any property or land transactions. It is the legal document signed and stamped, indicating a land property transaction between the leaseholder of land sub-leasing his/her unexpired lease term to a third party.

Deed Of Mortgage

A mortgage is the transfer of an interest in land as security for the discharge of a debt or the performance of an obligation subject to redemption. It is the security for loan with an undertaking for repayment and cesser on redemption.

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Survey Plan

This is also another important document that helps reveal the true ownership status of a property or land. It allows you to know if the land is under any government acquired or committed area. In cases where the land is without a building, it is important to do thorough research on whether or not the land is not acquired by the government.

Above are some of the important documents required for property transfer in Nigeria. Kindly share your experience as regards property transfer with fellow PropertyPro.ng readers.

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One comment.

Hello, if you buying an apartment (3rd floor apartment) in a five (5) storey building inside an estate managed by the development company, will I still need a survey? A form 1C? Either from the development company or the owner of the apartment that wants to resell?

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What is a Deed of Assignment and the Foolish Risk your taking for not having a Deed of Assignment for your Land

By omonilelawyer | july 15, 2017 | 42,595 | 39.

A deed of Assignment is one of the most important documents YOU MUST HAVE when you conclude a Land Transaction. In fact it baffles me that 6 out of 10 people I know who have bought lands in the past have no deed of assignment . They are always the first to complain that Omonile has defrauded them but they have no proof to show the property has been sold to them other than a receipt.

It’s funny that everyone has the title documents to their car showing who the seller was and how it was transferred from the Seller of that car to you the new owner but when it comes to landed properties which are 10 times more valuable than cars, we fail to ask for this one simple important document that can prove ownership of that land. What then is this all important deed of Assignment I am alluding to? This can be found from the following definitions below:

A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land to that the Seller that has just bought land.

The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller . The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.

A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.

Signing a Deed of Assignment and having that Deed is your number 1 evidence against another person that is trying to claim ownership of that same land too. If you have a land and no deed yet, i feel sorry for you! Better consult your Lawyer to go draft one for you now to save yourself future problems

In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance.

The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner . Such Key issues include:

1. The Parties’ to the Agreement e.g between Mr A and Mrs K

2. The addresses of both parties and how it is binding on their successors, friends, colleagues and those representing them in any capacity.

3. The history of the land in question how it was first obtained down to the moment its about to be sold including and documents it previously had till this date

4. The agreed cost of the land and the willingness of the Seller to finally accept that price paid for the land

5. The description and size of the land to be transferred.

6. The covenants or promises both parties choose to undertake to perfect the transfer of the document

7. The signature of the parties to the Assignment and Witnesses to the Transaction

8. Finally the section for the Commissioner of Oaths or Governors Consent to sign and validate the agreement.

These are the important features of a Deed of Assignment and must be included in all Documents for it to be valid. Don’t listen to any Omonile who tells you he doesn’t or the family doesn’t sign a deed of assignment and that it is only a receipt you need. He is only looking for a way to resell your land to another person and to use receipt as a ploy to prevent you from establishing true ownership of your land.

Always consult a property lawyer before you buy a land to help prepare a deed of assignment. It will be your greatest mistake if you don’t have one. Below is a sample deed of assignment and how it looks so that you don’t fall victim of land swindlers

SAMPLE DEED OF ASSIGNMENT

The Cover of the Deed of Assignment must show the parties to the transaction and the description of the land sold

The first page of the Deed of Assignment must contain the parties to the transaction and the brief history of how the land became the Sellers property

The third page must contain the description of the land to be sold, the surveyor that did it, the cost of the land, the acceptance of the cost of the land and the promises both parties will make to themselves to abide with after the deal has been sealed.

The last page must show the signatures of the parties and the witnesses to that transaction and finally below , the section for the commissioner of oaths to endorse or the Governor to assent his consent to this transaction

Always consult a property lawyer before entering a legal contract.

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39 comments.

owolabi animashaun

how much is it to obtain governor consent of 3plots of land at okegbegun phase 2.,winner church along laspotech road ikorodu? or if there is C OF O Availiable? thanks

Barr. Matthew Ottah

I need the square meters of the survey plan so that I can fathom out N estimate of what it would cost. Cheers

I have a parcel of Land i had alredy built a 3-Bedroom Bungalow on at Magada behind MFM Prayer City. I only have a Signed Agreement from the One I bought it from. I have paid to the Omonile but yet to get a receipt from them. I have not done a survey yet. Kindly advice.

babatunde Ogunnowo

good morning. what is the difference bewteen a deed of sublease and a deed of assignment? which is preferable 2. what are the cost implications for processing any tyeo of deed. thanks. keep up the good work

Sir, I have plot at ogun state and for the deed of assignment, the land owners said I will pay 100K for them to get it done that there are four signatories to it. The issue now is that the said amount is too much. Pls I need your input on this. Thank You

Matthew Ottah

You need to negotiate with them to reduce the price

Please Mr Ottah can you send your number so I can call to ask for help?

My numbers are everywhere on the site. Cheers

sir,this deed…who is resposible to issusing it,i.e is it part of the document the omonile will give you when you have paid for the land or the buyer contracts a lawyer to draw it up after payment and takes to family(olori ebi) to sign their portions.

Your very correct sir. Both options are the right way to go about it.

how do you know a false land

I wanted to buy a land from one of this estate, I was told the estate has a Global C of O from Ogun state government and that upon payment I will be issued a Deed of Assignment. There after I can do the survey. My questions are: 1. I was told since the Estate has Global C of O, I might not necessarily need individual C of O. 2. What other documents do I need to process apart from the survey. You sincere advice will be appreciated. Thanks

sir, thank you very much sir for your advise, all what u said above is true even i presently find myself in dat situation, i bought just half plot of land from a family representative at abeokuta in which i only collected receipt from them without the deed of assigmnet and i started work on the land, im even through with the foundation about to start the main building. Sir, i will be very glad and happy if you can put me through on what are d next steps to take, though i have printed out all the deed of assignment you pasted up for me to rewrite and give them to sign.

Thanks you very much sir

Hi, I bought a land from a relative of which the land have a c of o under my Anty family name, my question is; 1. Do I have to do personal c of o on my name. 2. is’t secure under my Anty family name. I need an advice, and I will be looking forward to hear back from you because I don’t know what to do before is too late…thanks!

Good evening barrister, Pls must I first so a survey before I do a deed. We Purchased a land and we have just a receipt. Thank you

please is it legal for a non lawyer to prepare a deed of assignment? Thanks.

Please explain to me the difference between Deed of Assignment and Deed of Agreement. I am getting different interpretation and it is confusing. When I buy a family land, which one should I prepare for the family to sign?

They are the same thing sir and perform the same function.

Could you please tell me the importance of that red seal in a deed? What is its significance? How important is it? Thanks

Its of no serious importance in modern day execution of documents. As long as the parties have signed or attested to the documents with their signatures or personal thumbprint, the document is as good as been executed properly. People who use it are mostly Customary Land Families to show how important their signatures are

Giulia Devey

I have a deed of assignment which is signed but the property has an outstanding mortgage on the property. I have been paying this, however it fell into arrears and now the assignor is claiming against me for receiving adverse credit. This person did not take their name off the mortgage therefore would I be liable for her claim in court?

Yes you would because you have chosen to continue paying the outstanding mortgage. Your lawyer should have advised you on the perils of continuing the mortgage payment in your name

Pls. must a land have C of O before Governor conscent can be acquired if purchased from the owner? What happen when the land doesnot have C of O? can the buyer seek to get C of O in place of Governors conscent

Please can a commissioner for oath of Lagos State endorse the dead while the land is situated in ogun state

Can a deed of assignment be prepared for land that does not have C of O yet but which Allocation paper or R of O is ready?

name withheld

my friend bought a property an does not know how much to pay his attorney, the attorney are asking for 500k 180, and claimed they have to bribe some people to get them to follow the deed of assignment , is it a fraud of are the lawyers just trying to be a fraudulent?? thanks and have a good day

Good day Sir, I found this site and info therein helpful. Is it possible for a the seller to issue a 2 Deed of assignment to different person on the sme land.

What is the functional different between C of O and deed of assignment

Two people bought a plot of land. The seller bought it from another person. What documents must the new buyers get? Must each survey his own portion before the agreement?

omonile lawyer, pls i have power of attorney and deed of partition for a piece of land in abuja (4 of us bought and shared the land), do i still need deed of assignment?

Sir, I want you to send a soft copy of deed of assignment to my email. How much would it cost? [email protected]

Good day sir. I bought a plot of land, have a signed deed of assignment. But resently, d surveyor called me that there is need to create a road at my (land) back i.e a plot will b inbetween two roads and that i should shift my pillar and the corner piece. Now, i need ur advice on what to do sir. Thanks. N.B He is d one who sold d land, measured, pegged and put d pillar.

l can get in touch with the company l signed deed of assignment with 4 times no reply to me

Gabriel Joseph

To be honest with you this is really helpful. Thanks

how do I submit my deed of assignment for record purpose

pls sir,I bought a land with power of attorney from estate management.Am I entitle to omonile receipt and deed of assignment?

i have a land which was purchased from the estate developers but i lost all documents to it by an act of God. what can i do

please sir, can u help us with a sample of the shedule page so that i ccan coinfirm that the schedule page of the deed of assignment for my land is made in the right form

Ola Abiodun

I bought a land in my name and wife’s name. I have now built a property on this land and all the paper works including CofO and the plan have our names both. The land and the property was solely bought and built with my money. I understand we both have claim because her name is on the documents.

What do I need to do to take her name off the the property, both the land and the building? Can you also please advise the likely cost?

I look forward to hearing from you

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• Sample Contracts

FREE 17+ Deed of Assignment Samples in PDF | MS Word

A deed is referred to as a legal document that serves as an instrument used regarding the transfer, assignment, or bargain of a property or rights. Deeds need to be signed, sealed, and delivered so that it will be considered valid. Deeds are often associated with property transfers, like transferring the ownership of the title of a property to another.

Deed Assignment Samples Pdf Word

Teacher agreement contract samples, free 26+ investment agreement samples in pdf | ms word | google docs | pages, free 9+ shop rental agreement samples [ commercial, lease, tenancy ].

A deed of assignment is one type of deed that is used not only in legal practices but also in the business industry during sale and transfer transactions. We will be touching on this important legal document in this article analysis . Select deed of assignment samples and templates have been included in this article for your convenience. You may download these sample and templates for free. Useful information like what it is, its uses, its components, and many more are available here. Feel free to check them out below.

Deed of Sale and Assignment Lease Template

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What Is a Deed of Assignment?

A deed of assignment is a document that contains the details of a transaction that involves the transfer of ownership of a property from one entity to another. It works just like that of an sample agreement because a deed of assignment involves two parties in it who both need to agree to the terms and conditions of the assignment. The word transfer best determines or best describes what a deed of assignment is.

There will always be two parties involved in a deed of assignment and they are the assignee and the assignor. The the person or party who makes the transfer their rights to another person or party is called the assignor. The person who gets or receives the rights to a property or thing from the assignor is called the assignee. Both parties are important in the completion of a deed of assignment.

The concept of a deed of agreement is very similar to that of a legal agreement or legal contract, where there is a party who creates an offer and another party who accepts the offer. To learn more about deeds and other related topic, you may check out our website view them from there. To name a few examples are quit claim deeds, mortgage deeds , and sample grant deeds form .

How Is a Deed of Assignment Different from That of a Deed of Sale?

A deed of sale is also a sample form of document that transfers one’s rights on a property or thing to another. That is exactly the same as a deed of assignment. They may be used for the same reason, which is to transfer property rights, but there is still a difference between a deed of assignment and a deed of sale, which is evident in the details of each document and how they work. The following is a comparison that will help you understand their differences easily.

• A deed of sale is used mainly in real estate business plan to transfer the rights of the real estate holder, which is the seller, to that of the buyer once full payment for the real estate property is made. This transfer involves monetary payment by the buyer to the seller for the said real estate property. In a deed of assignment, the transfer of rights to a property may or may not require the assignee to make a payment for the said property nor does the assignor ask for payment for it.
• The buyer and the seller need to comply to the terms and conditions of the sales contract and they must do their share of responsibilities or obligations while the contract is still ongoing and even if the transfer has been completed. This is not the case in a deed of assignment. The transfer of rights is absolute, which means that once the transfer has been completed, the assignor no longer has anything to do with the property rights that they have transferred to another. In other words, they have totally given up all their rights to the said property or thing.
• A deed of sale is recognized by the law as the purchase or sale of a property, rather than a transfer of the rights of that property.
• A deed of sale may be seen as a takeover of rights while a deed of assignment may be seen as a transfer of responsibilities.

You may also be interested in other related topics, like sample warranty deed forms and general warranty deed samples .

Uses of a Deed of Assignment

What are the uses of a deed of assignment? There are a number of things that a deed of assignment is used for and they are as follows:

• A deed of assignment is used as an evidence that a certain transfer transaction has taken place between an assignor and the assignee.
• It is a document used to show that the assignor has transferred all of their rights, claims, interests, and ownership of a certain property to the assignee.
• It is a proof of the assignor’s promise that they are transferring their rights and ownership to the property to the assignee.
• A deed of assignment is not only used to transfer one’s rights to another, but it is also used to transfer the responsibilities or obligations of the assignor to the assignee. These responsibilities or obligations come together with the ownership and rights to the said property.

Real estate businesses and other businesses involved in the sale and purchase of different kinds of properties commonly use a deed of assignment together with other important legal documents, like real estate sales contract , property sales contract , and  home sales contract .

What Are the Components of a Deed of Assignment?

There are a lot of components of a deed of assignment and it is important that you know of these components if you are going to study or get involved in one. Below is the list of the components of a deed of assignment that you need to know.

• The introduction, which includes the date when the assignment is made and signed, the commencement, the names of both the parties involved, and the recital
• The operative part, which includes the testatum or the witnesses, and other clauses like sample receipt clause, the consideration, the word grant, the parcel, the capacity of both the vendor and the covenant for the title, exceptions and reservations, and habendum
• Other miscellaneous clauses like the covenant for indemnity, both for assignor and assignee
• The testimonies
• The schedules
• The execution of the deed

Pipeline Company Deed of Assignment Template

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How to Create a Deed of Assignment

Believe it or not, you can create a deed of assignment on your own. You just need the right steps to guide you and the appropriate resources to help you have it done. Below are some easy-to-follow steps that you will really find useful.

• Decide what your deed of assignment is going to be about. Think of the details that you want to include in it that specifically has something to do with its transfer.
• If you must, list down these details and other specifications that you want to include in your deed of assignment.
• Once you have that decided or identified, go online and look for a deed of assignment template that contains the same details and specifications that you need, or a template that is similar to what you need.
• When you already found the template, download it to your computer or laptop. Also check if it the file type is supported by the sample applications you have on your computer or laptop, like Word or PDF.
• Open the downloaded file. If you need to change anything, or add and remove some parts, feel free to do so. Just make sure that it does not change the meaning of the paragraph, sentence, or part that you made changes to.
• When you are satisfied with the changes that you have made, go back to the very first page and review your work. Make sure that everything is covered in your document.
• After finalizing your work, save the changes that you have made. Saving your work allows you to retrieve it later on if you have a need for it in the future.
• Print enough copies that you need for your transaction.

Now you should have a deed of assignment of your own with your preferred details. Things get pretty easy and convenient with the use of templates. It is just like the one we did above. To get hold of other useful templates, feel free to visit our website and check a variety of templates from there. Other titles you may be interested in are Quit Claim Deed, Investment Contract , and  Shareholders Agreement .

Advantages of Deed of Assignment Templates

With the steps above, you probably have an idea how great templates are. But its greatness does not stop there because more of it are in store for you. Below is a list of some of the advantages of a deed of assignment template.

• There are different varieties of deed of of assignment templates online so you can look for the template that is just right for your needs.
• The templates are from reliable and trusted sources so you are sure that the one you will find online is capable of handling your situation.
• Using ready-made templates ensures that the deed of assignment produced is one that is complete.
• The creation of the document becomes fast and convenient for anyone who wishes to make their very own deed of assignment.
• The use of the templates is highly recommended because of its level of accuracy, which is belied to be little to no mistakes at all.

That is a lot of advantages that you can get from these templates. Another good thing is, even with just sample on hand, you can pretty much get the same advantages similar to that of templates. If you find this article helpful, you will also love other articles that we offer on our website. To name a few are Asset Purchase Agreement ,  Essential Financial Statements for Your Business , and  Legal Bill of Sale .

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