The difference between a Certificate of Occupancy (C of O) and a Deed of Assignment lies in their roles in acquiring land titles in Nigeria.
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Certificate of Occupancy (C of O):
- It’s a government-issued document granting possession and occupancy rights for 99 years.
- Governed by Section 9 of the Land Use Act 1978.
- No land in Nigeria can have two C of Os; it’s the first document given to any land, recorded in the Land Registry after surveying to ensure it’s free from government acquisition.
Deed of Assignment/Conveyance:
- An essential document in passing unexpired land interest to another party.
- Executed after a land exchange between buyer and seller.
- Recorded in the Land Registry to complete the land transfer.
Key Contrasts:
- A C of O is issued by the State Government for 99 years, while a Deed of Assignment has no new 99-year term.
- A Deed of Assignment must be registered for legal proof of ownership, while a C of O indicates exclusive possession granted by the State Government.
- A C of O is issued by the State Governor, while a Deed of Assignment is a negotiated agreement accepted by the Governor to improve the title.
- The Governor can revoke a C of O for public interest, while a Deed of Assignment can’t be revoked; only the Governor’s consent can be revoked
In conclusion, both documents provide legal ways to obtain land titles in Nigeria, and thorough investigation is crucial before relying on them as your root of title.
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