Deed of assignment: what it is and how to check it

The Certificate of Occupancy gets all the attention. The deed of assignment does most of the actual work. In the Nigerian resale market — which is where almost every urban flat and house you will ever rent or buy sits — the deed of assignment is the document that proves the person calling themselves the landlord has received the title rights from whoever held the original C of O.

It is also, in my experience reviewing landlord submissions at NoBroker Nigeria, the single most forged property document in the country. The templates are freely available. The signatures are easy to scan and paste. The witness block is routinely left unsigned by fraudsters who assume no one will notice. This guide is what I wish I could hand every Nigerian tenant before they sign a lease on a Lekki flat or a mini-flat in Surulere. If you have not yet read the broader pillar guide to Nigerian property documents, start there and come back.

What a deed of assignment is

A deed of assignment is the instrument by which the holder of a Certificate of Occupancy (or of a prior deed derived from one) transfers their rights in a parcel of land to another party. It is the Nigerian equivalent of a conveyance or transfer deed. It identifies the original grant, describes the parcel, names the assignor (the seller) and the assignee (the buyer), states the consideration (the price paid), and is signed by both parties in the presence of witnesses.

Every time the property changes hands, a new deed of assignment is executed. A property that has been sold three times since the original 1995 C of O should have three deeds of assignment sitting in the chain. The "chain of title" is just the sequence of deeds connecting the current holder back to the original grantee.

Key elements of a valid deed

When I review a deed, I run down the same checklist every time. A well-drafted deed contains:

• Parties. Full legal names of assignor and assignee, their addresses, and (for companies) their RC numbers.
• Recitals. A short section explaining the background: who holds the C of O, the date of the grant, the serial number, and how the assignor acquired the rights.
• Consideration. The sum paid, in naira. This should be a specific amount, not "for good and valuable consideration received."
• Parcel description. The plot, block, survey plan number, and address. This should match the attached survey plan.
• Habendum clause. The formal language transferring the unexpired residue of the 99-year term.
• Covenants. Warranties by the assignor about their title and encumbrances.
• Execution block. Signatures of assignor and assignee, dated, in the presence of at least two witnesses whose names, addresses, and signatures appear alongside.