The deed of assignment is the document that transfers ownership of land or a house from the seller to you. It is the backbone of your title. A receipt shows you paid. A deed of assignment shows you own.
Yet many buyers in Lagos sign deeds drafted by the seller’s agent, full of errors, missing details or one-sided terms. This guide explains what a deed of assignment must contain, and what to check before you sign.
What is a deed of assignment?
A deed of assignment is a written agreement, executed as a deed, by which the owner of land (the assignor) transfers their interest to the buyer (the assignee). Once it is signed, stamped, consented to where required, and registered, it becomes the buyer’s evidence of title.
It is different from:
a contract of sale, which records the agreement to sell before completion;
a receipt, which only proves payment; and
a power of attorney, which allows someone to act for the owner but does not transfer ownership.
What a deed of assignment must contain
Part
What it should say
Date
The date the deed is executed
Parties
Full names and addresses of the assignor and assignee; for companies, their registered details
Recitals
How the assignor came to own the land, tracing the root of title, such as the C of O or earlier registered deed
Consideration
The purchase price, and confirmation that it has been paid
Operative clause
The words that actually transfer the land to the assignee, and for what term
Description of the land
Location, size, and survey plan number, with the survey plan attached
Covenants
The assignor’s promises, for example that it has good title, and that the land is free from encumbrances and disputes
Indemnity
The assignor’s promise to compensate the assignee if the title turns out to be defective
Execution
Signatures of both parties, with witnesses; for a company, its seal or authorised signatories
Consent space
Room for the Governor’s consent to be endorsed, where it is required
What to check before you sign
Names match the title. The assignor’s name must match the C of O, registered deed or family title exactly.
The right people sign. For family land, the family head and principal members. For a company, its authorised signatories. For a deceased owner’s estate, the executors or administrators named in the grant.
The land description matches the survey. The size and coordinates should agree with a charted survey plan.
The root of title is complete. Every earlier transfer should be recited and, where required, consented to.
The price is correct. An understated price may cause tax and consent problems later.
Strong covenants and an indemnity. These give you a remedy if the seller’s title proves defective.
No hidden terms. Watch for clauses that let the seller retain any interest, or that make the transfer conditional.
After signing: complete the process
A signed deed is not the end. To protect your ownership:
Stamp the deed and pay stamp duty.
Apply for the Governor’s consent where the land is held under a C of O.
Register the deed at the Lagos State Lands Registry.
Keep the originals safe, and store certified copies separately.
An unregistered deed may lose priority to a later buyer or lender who registers first.
Frequently asked questions
Who prepares the deed of assignment, the buyer or the seller? Either can, but the buyer’s lawyer should at least review it. Many buyers prefer their own lawyer to prepare it.
Is a deed of assignment proof of ownership? It is the key evidence of transfer, but full protection comes with Governor’s consent, where required, and registration.
Can I sign a deed of assignment from abroad? Yes. It can be executed abroad before an appropriate officer and sent back for stamping, consent and registration.
What if the deed has an error? Errors can often be corrected by a deed of rectification, but it is far easier to get the deed right before signing.
Do I need a deed if I bought from a developer? Yes. The developer should assign the specific plot or unit to you by deed, and you should check that the developer had title to assign.
About Cardinal Counsel
Cardinal Counsel (Barristers & Solicitors) is a Lagos-based law firm advising individuals, families and businesses, at home and abroad, on property transactions, commercial agreements, regulatory compliance and dispute resolution. The firm conducts property searches and due diligence, prepares and reviews deeds of assignment, and supports clients from verification to perfection of title.
This article is for general information only and does not constitute legal advice. Before you sign a deed of assignment, send it to Cardinal Counsel for review. Contact us at Suite D14, Adeniran Ogunsanya Mall, Surulere, Lagos, or email info@cardinalcounsel.co.