C of O vs deed of assignment: what each document actually proves
Ask five buyers what papers came with their property and you will hear these two documents swapped and waved around interchangeably. They are not interchangeable. They answer different questions, and confusing them is how good money chases bad land.
The Certificate of Occupancy, the C of O, is the state's word on a property. Rooted in the Land Use Act of 1978, it records the governor's grant of a right of occupancy over a defined parcel, commonly for a term of up to 99 years, for a stated purpose. In plain language: this person, this plot, this use, this term, on the government's own record.
The Deed of Assignment is a private word between two people. It is the document by which a seller transfers their interest in a property to a buyer: the parties, the price paid, the description of the property, signatures, witnesses. In plain language: the person who held this interest has handed it to me.
Think of it this way. The C of O is the land's identity card. The deed is the handover note. You would not accept a handover note from someone with no identity card, and an identity card alone hands nothing to you.
So which is stronger? Neither, because they do different jobs. The C of O roots title with the state. The deed moves interest between parties. A deed backed by no solid title conveys nothing: you cannot assign what the seller never had. And a C of O sitting in the seller's name does nothing for you until the interest is properly transferred.
This is where governor's consent enters. Under the Land Use Act, a statutory right of occupancy cannot be transferred without the governor's consent, and in practice the deed should be presented for consent and then registered. An unconsented, unregistered deed leaves you holding a contract rather than a perfected title: the difference between owning the land and owning a promise about the land.
How to verify a C of O: take the certificate number, the holder's name and the plot or file number to the state lands registry and run a search. For the survey side, chart the coordinates at the Surveyor-General's office: confirm the plot exists where claimed, is not inside a committed government acquisition, and matches the beacons on paper. Fees vary by state, typically from a few thousand naira to tens of thousands for a proper search and charting. Our step-by-step guide on verifying a C of O before paying details the full walk-through.
How to check a deed: read the recitals first, they tell the property's story from the root of title down to the seller. Confirm the parties' names, and that those names match every other document in the chain. Confirm a survey plan is attached and that its numbers match your charting. Finally, confirm the deed itself is registered: the lands registry keeps the registered copy, so the file either exists or it does not.
Watch for the mismatch trick: a seller waves a C of O proudly, then pushes you to close on a deed of assignment alone, in a relative's name, 'for convenience'. The convenience is always theirs. Match the names, or the deal stops.
Two more habits. Engage a property lawyer for the search and the drafting; a good search fee is cheaper than a bad parcel. And align names across everything: the seller, the C of O, the deed, the survey, the bank account receiving your money.
Where Xavorian fits: sellers pass document scanning with AI truthing plus an automated multi-layer audit before listings publish, and payments route to name-matched verified accounts. That filters the loudest forgeries early, at the gate. Your lawyer's registry search remains the final word. It should.
Read these two documents side by side and listings stop being mysteries. The C of O tells you the state recognises a right. The deed tells you the right changed hands. You want both, plus consent, plus a search, before a naira moves.