C of O vs Deed of Assignment in Nigeria

Let’s face it — the Nigerian real estate space is flooded with terms that confuse even the most enthusiastic investor. Two of the most misunderstood documents in land transactions are the Certificate of Occupancy (C of O) and the Deed of Assignment.

If you’ve ever asked, “Do I need both?” or “Which one is more important?”, you’re not alone.

This guide breaks down the two documents in plain, practical terms — so you can invest with confidence, avoid fraud, and protect your hard-earned money.


What is a C of O (Certificate of Occupancy)?

A Certificate of Occupancy, commonly called C of O, is an official government document issued by the state government that legally grants a person the right to occupy and use a piece of land for a specific number of years — usually 99 years.

🔑 Key Points:

  • Issued by: State Government

  • Grants: Legal right to occupy land (not full ownership)

  • Duration: Typically 99 years

  • Common in: Government-allotted lands or formally documented estates

📌 Real-Life Scenario:

Let’s say you buy a plot in a government-acquired estate in Port Harcourt. Once the land has been officially allocated and processed, the government issues you a C of O as proof that you’re the recognized occupier of that land — legally.


What is a Deed of Assignment?

A Deed of Assignment is a legal document that transfers ownership of land from one party (assignor) to another (assignee). It shows the history of ownership and serves as evidence that the seller has legally passed on their interest in the land to you.

🔑 Key Points:

  • Issued by: The seller (assignor) to the buyer (assignee)

  • Grants: Proof of transfer of interest/ownership

  • Must be: Signed, dated, and registered at the land registry

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📌 Real-Life Scenario:

If you’re buying land from a private developer or an individual who already owns it, you’re likely getting a Deed of Assignment. It must reference the seller’s original title (e.g., their C of O or Governor’s Consent) and confirm they’ve transferred rights to you.


So, Which One Do You Need?

It depends on how and from whom you’re buying the land.
Here’s a simple breakdown:

Situation What You’ll Get
Buying directly from government C of O
Buying from an estate or individual Deed of Assignment (linked to seller’s C of O)
Buying land without a formal title Likely only receive a Deed — but this is risky

⚠️ Warning:

A Deed of Assignment without a valid parent title (like a C of O or Governor’s Consent) is shaky ground. Always trace the root of title before you buy. Many buyers have lost millions to beautiful documents with fraudulent origins.


C of O vs. Deed of Assignment — Head-to-Head

Feature Certificate of Occupancy Deed of Assignment
Legal Status Government-recognized title Private legal contract
Purpose Grants right to occupy land Transfers ownership interest
Common Use Government allocations, titled estates Resale, private transactions
Issuer State Government Landowner/Seller
Risk Level Low (when genuine) Medium-High (depends on due diligence)

Do You Need Both?

Yes — sometimes.

  • If you’re buying land from someone who already has a C of O, you’ll get a Deed of Assignment from them.

  • You can then perfect your documents by applying for Governor’s Consent, which legally recognizes the transaction and protects your interest.

Pro Tip: Always register your Deed at the Land Registry. An unregistered deed is like an unsigned cheque — looks good but holds no real power.


How to Protect Yourself

✅ Hire a real estate lawyer — not just an agent.
✅ Request to see the original C of O or Governor’s Consent.
✅ Ensure the Deed references the correct title document.
✅ Always register your deed after purchase.
✅ Confirm layout approval and excision if land is in a new layout.

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Conclusion

In Nigerian real estate, documentation is everything. A beautiful plot without proper title is a lawsuit waiting to happen. Understanding the difference between a C of O and a Deed of Assignment isn’t just for lawyers — it’s your first line of defense as an investor.

Don’t gamble with ignorance. Know what you’re buying. Know what you’re holding. Know how to secure it.

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