Difference Between C of O, Deed of Assignment, and Survey Plan

Understanding property documents is essential if you plan to buy, sell, or develop land in Nigeria. Three documents that often cause confusion are the Certificate of Occupancy (C of O), the Deed of Assignment, and the Survey Plan. Each serves a distinct legal and practical purpose. Below we define each document, explain how they interrelate, and describe where and when you need them.

Certificate of Occupancy (C of O)

The C of O is a title document issued by the State Government under the Land Use Act. It grants the holder a legal right to occupy and use the land for a specified period (usually 99 years for residential land). A C of O is considered strong evidence of legal ownership because it is an official government document bearing an allocation number, date, and the name of the grantee.

What the C of O shows:

1. Grant or allocation number and date.
2. Name of the grantee (initial recipient of the title).
3. General description of the property and use type.

Deed of Assignment

The Deed of Assignment is a private legal document used to transfer ownership from one private party (the assignor) to another (the assignee). When a property is sold, the seller executes a Deed of Assignment to transfer rights to the buyer. This document must be drafted by an experienced lawyer and normally registered at the Lands Registry to be enforceable against third parties.

Important points: If the property has a C of O, the Deed of Assignment must be backed by Governor’s Consent (explained below) before the new owner’s interest becomes fully recognized under the Land Use Act.

Survey Plan

The Survey Plan (or Plan of Survey) is a technical map prepared by a licensed surveyor describing the exact dimensions, boundaries, and location of the land on the ground. It contains coordinates, beacon points, measurements and sometimes a location map showing neighbouring plots. The Survey Plan is essential for physically identifying the land and is used in registry searches and in preparing other legal documents.

How These Documents Work Together

Each document plays a complementary role:

• Survey Plan shows where the land is and its exact size — the physical description.
• C of O shows government recognition of rights to the land — the legal title.
• Deed of Assignment records the private transfer between owner and buyer — the transactional evidence.

When purchasing land, you typically need all three: a verified survey plan to identify the property, a C of O to confirm government-issued rights (if available), and a properly executed and registered deed of assignment to transfer title to you.

Governor’s Consent and Registration

Under the Land Use Act, transfers of interests in land (like assignment) require Governor’s Consent to be fully valid and to protect the buyer from future claims. After executing a Deed of Assignment, the buyer often applies for Governor’s Consent and registers the transaction at the Lands Registry.

Practical Checklist When Buying

1. Inspect the Survey Plan physically and confirm coordinates on-site.
2. Confirm the C of O number and validate it at the Lands Registry.
3. Request copies of previous transactions to check chain of title.
4. Ensure a Deed of Assignment is prepared and that Governor’s Consent will be applied for.
5. Engage a licensed surveyor and a reputable real estate lawyer before any payment.

Conclusion

Knowing the difference between the C of O, Deed of Assignment, and Survey Plan helps you make safer property decisions. Each document provides a layer of security — physical, governmental, and transactional — and you should expect copies of all three when conducting due diligence on any meaningful land purchase in Nigeria.