Every land scam exploits something the victim didn't know. This library explains the laws that govern property in Nigeria — federal and state — in language anyone can use, with the actual statutes cited so your lawyer can pick up exactly where you leave off.
Every citizen may acquire and own immovable property anywhere in Nigeria, and property cannot be compulsorily taken except under a law that provides prompt compensation and court access.
Constitution of the FRN 1999, ss. 43–44The Land Use Act vests all land in each state (except federal land) in the Governor, held in trust for the people. Nobody "owns" Nigerian land absolutely — what you buy, sell and inherit is a right of occupancy, commonly evidenced by a Certificate of Occupancy, typically for 99 years.
Land Use Act 1978 (Cap L5, LFN 2004), ss. 1, 5, 34–36Assigning, mortgaging or transferring a statutory right of occupancy requires the Governor's consent. A deal without it is legally precarious — void or voidable — no matter how much was paid or how fine the deed looks.
Land Use Act, s. 22 (and s. 26 on nullity)Evidence of a statutory right of occupancy granted by the Governor. Powerful — but not absolute ownership, not immune to a defective root or fraud in procurement, and revocable for overriding public interest (with compensation).
Land Use Act, ss. 5, 9, 28–29The instrument that transfers an existing right from seller to buyer. Its power depends on three things together: the seller actually held the right, the Governor consented, and the deed is registered at the state Lands Registry. Unregistered + unconsented = a receipt with ambitions.
Land Use Act s. 22; state Land Instruments Registration lawsGovernment formally releasing land it had acquired back to indigenous families/communities — published in the official state gazette. On formerly acquired corridors, the gazette is the foundation: documents on unexcised acquired land convey nothing.
Land Use Act s. 28 acquisitions; state gazettesIdentifies the land — beacons, coordinates, area, surveyor's stamp. A survey proves identity, never ownership; and title papers without a charted survey describe nothing in particular. Only registered surveyors may prepare them.
Survey Co-ordination Act; SURCON ActThe distinction that decides fortunes: sale by the family head without principal members' concurrence is VOIDABLE (valid until set aside — vulnerable forever). Sale by members without the family head is VOID (a nullity, curable by nothing but a fresh proper conveyance). "My father was the family head" is genealogy, not a conveyance.
Settled case law: Ekpendu v. Erika; Esan v. Faro line of authoritiesLand under a pending suit passes at the buyer's peril — you inherit the judgment's outcome. Court searches are part of full diligence, and a seller's assurance that "the case is nothing" is legally worthless.
Doctrine of lis pendens; state High Court rulesA company must actually exist (CAC registration, genuine RC number) and the signatories must have authority. Buying "off-plan" from a brand with no traceable company is buying from nobody.
Companies and Allied Matters Act (CAMA) 2020Expect stamp duty on the instrument, capital gains tax on the seller's gain (10%), consent fees, and registration fees — rates and administration vary by state. Budget 3–15% of the price for perfection, depending on state.
Stamp Duties Act; Capital Gains Tax Act; state fee schedulesYour NIN, documents and personal data may only be used for the purpose you consented to, kept secure, and never retained beyond need. PropStack supports the privacy-preserving virtual NIN (vNIN) for identity checks.
Nigeria Data Protection Act 2023 (NDPC)The Land Use Act is federal, but land is administered state by state — different registries, consent procedures, fees and local statutes. Choose your state:
A LandCheck™ tells you which of these laws your specific transaction lives or dies on — with the exact offices to verify at. And Alá (the chat bubble) will answer any question on this page in English, Pidgin, Yorùbá, Hausa or Igbo.
This library is provided for public education by PropStack and is not legal advice, a legal opinion, or a substitute for a licensed legal practitioner. Statutes summarized include the Constitution of the Federal Republic of Nigeria 1999, the Land Use Act 1978 (Cap L5 LFN 2004), CAMA 2020, the Stamp Duties Act, the Capital Gains Tax Act, the Nigeria Data Protection Act 2023, and state legislation as indicated. Laws and fees change; always confirm the current position with counsel and the relevant state authority. · PropStack™ · The land is real. Make sure the deal is too.