Buying a property is one of the most significant investments you will ever make. Yet, many people skip a crucial step conducting a proper property search only to face devastating consequences later. While no law compels you to conduct a search before buying land or property, it is absolutely essential to avoid future regrets.
A property search helps you confirm the authenticity and legal status of the land you intend to buy. It ensures you are not purchasing property involved in disputes, under government acquisition, or with other hidden encumbrances. In countries like Nigeria, failure to conduct a search often leads to costly legal battles, demolition of properties, or outright loss of investment.
Why a Property Search Is Important
A qualified Property or Real Estate Lawyer will always recommend a search because it reveals critical details about the land or property you plan to purchase. This is one major reason you need a lawyer when buying or even selling real estate.
Let me share a real-life example
A client approached me last month intending to purchase a property. He had already negotiated and concluded payment terms with the seller but decided to involve a lawyer at the last minute. His brother contacted me for assistance. Since the payment had not yet been made, I insisted on conducting a property search before drafting the documentation.
He was surprised because he had already budgeted ₦500,000 for legal documentation charges, yet I insisted on a search that would cost only about ₦35,000. He asked if I would still proceed with the necessary legal steps if the land title turned out unfavorable, considering the cost difference. I assured him of my integrity and advised him to proceed with the search.
As it turned out, the property was under government acquisition a complete no-go area. Without the search, he would have lost millions. That single step saved him from disaster.
A professional real estate lawyer’s duty is to protect the client’s interest even at personal expense because prevention is better than litigation.
What You Must Verify Before Buying Property (Especially in Nigeria)
1. Verify the Identity of the True Owner
Ask yourself:
- Who owns the property?
- Who is selling the property? Is it the owner, a family member, or an agent?
- Does the seller have the authority to sell?
For family-owned land, the head of the family and all principal members must consent to the sale for it to be valid. Ensure the seller’s name matches the title documents. If not, ask for proof of how they acquired the land. Never assume always verify.
2. Inspect the Property Yourself
Do not rely solely on videos, pictures, or third-party inspections. Always visit the site personally. A client once asked me to conclude a property deal based on a video clip. I insisted we inspect it together. While my job is to verify documents and conduct searches, physical inspection helps confirm the property matches your expectations.
3. Request for the Owner’s Documents
Before making any payment, ask for key documents such as:
- Certificate of Occupancy (C of O)
- Letter of Allocation
- Survey Plan
- Gazette
- Deed of Assignment
- Power of Attorney
- Court Vesting Order
Failure to confirm these documents can lead to decades of court battles. Property disputes often drag on for generations.
4. Understand Zoning and Geographical Restrictions
Every property is subject to government planning regulations. Title documents usually state the purpose of the land—residential, commercial, agricultural, or mixed use. You cannot build a factory on land zoned for residential housing.
In one case, the land my client wanted to buy was earmarked as a trailer park acquisition by the government. Even if a property has a Certificate of Occupancy, if the government has mapped it for a road or other purpose, your building will be demolished without compensation.
Always verify zoning plans to avoid costly surprises.
5. Conduct a Legal Search
This is the most critical step. Conduct a search at the relevant land registry to determine:
- If the property is under government acquisition
- If there are encumbrances such as mortgages, loans, or bonds
- If there are pending litigations or court judgments
- If there are multiple allocations or succession disputes
Every state in Nigeria has a land registry. For example, the Lagos Bureau of Lands handles all land-related matters in Lagos State and maintains comprehensive land records.
6. Verify the Authenticity of Title Documents
Do not take documents at face value. Forgeries are common. Watch the seller’s attitude—are they hesitant to provide original documents? Are they delaying verification? Be cautious and observant.
Key Benefits of Conducting a Property Search
A proper search helps you:
- Confirm the authenticity of the seller and property ownership
- Verify the legal description and validity of title documents
- Identify any government acquisition, restrictions, or encumbrances
- Avoid future disputes and financial loss
Final Thoughts The cost of conducting a property search is negligible compared to the losses you might incur without one. Whether the property is in Nigeria or anywhere else in the world, due diligence is non-negotiable. When in doubt, consult a qualified real estate lawyer. Remember: Property transactions are high-stakes—there is no room for blind trust.
Dr. Dolapo D. Oyawole, Esq. is a Lagos-based lawyer and Managing Partner at Zion’s Breed Solicitors, specializing in corporate law, tax compliance, property law, and intellectual property. She is a business consultant in real estate, finance, and strategic management, and serves on multiple boards. Dolapo holds an MBA and a DBA from WesternVille University, San Diego, and brings extensive experience in corporate governance and compliance.
Connect with Dr. Dolapo on:
Email:dolawuyi.od@gmail.com