18/08/2026
Let me correct this common misconception about Power of Attorney! Read this 👇👇to the end please.
Recently, someone who had purchased a piece of land approached me to prepare a Power of Attorney for him so I asked him:
What about the Deed of Assignment?
His response was simple: I only need the Power of Attorney. Wow
I explained to him that a Power of Attorney, by itself, does not transfer the proprietary (property) interest in the land to him.
But he was convinced that the Power of Attorney was enough and honestly, this is not an isolated case.
It is a common misconception in land transactions by many ignorant individuals.
So let me explain it in simple terms.
FIRST, WHY DO PEOPLE USE BOTH?
In Nigeria, it is not unusual for parties involved in a land transaction to have both a Power of Attorney and a Deed of Assignment.
Sometimes the Power of Attorney comes first.
Sometimes both documents are prepared around the same time.
And there is a reason for this.
The two documents serve different legal purposes.
A POWER OF ATTORNEY IS ABOUT AUTHORITY. It is used in many cases especially where delegation of power is required.
A Power of Attorney essentially allows one person to authorise another to act on their behalf.
So, where a purchaser has been given a Power of Attorney in relation to property, it may give that person authority to deal with, manage, sell, develop, perfect or otherwise transact in relation to the property.
THEN WHAT DOES THE DEED OF ASSIGNMENT DO?
A Deed of Assignment is fundamentally concerned with the transfer of an interest in land from the assignor to the assignee.
So, in the typical sale of interest in land:
Power of Attorney → authority to act/deal with the property while Deed of Assignment is used to transfer the real interest in the property.
Hope you understand the difference today??
Ignorance of the law is not an excuse!
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