21/02/2026
WEALTH LAND SERIES: THE PROPERTY COUNSEL.
Topic: Why Allocation Is Not Enough In Property Transaction.
In property transaction, allocation does NOT translate to ownership, rather it is the official assignment of a specific plot or unit of land to a buyer by the seller, or estate developer as the case maybe after payment (full or agreed part payment). It does NOT automatically transfer legal title, or the interest in the land.
Secondly, no Governor’s consent, equals no legal perfection. Under the Land Use Act Cap L5, Laws of the Federation of Nigeria (LFN) 2004., land is vested in the Governor of a state. Section 1 of the Act provides thus: “Subject to the provisions of this Act, all land comprised in the territory of each State in the Federation are hereby vested in the Governor of that State and such land shall be held in trust and administered for the use and common benefit of all Nigerians”. On the other hand, all land in the FCT (Abuja) is under the control and supervision of the President as provided under subsection 3. Therefore, without proper title processing and consent, your interest in the land is incomplete.
Allocation can be revoked especially if the purchaser fails to comply with or fulfil the terms of the covenant in the title document. For instance, where the terms stipulates that the purchaser should comply with certain payment, commence development within a specified period, process certain documentations, or fulfil certain conditions; failure to comply with any of the terms could led to revocation or withdrawal of the allocation.
Furthermore, financial institutions do not recognize allocation as sound prove of title. Therefore, you cannot easily use it as collateral, as they require perfected title.
Real ownership in property transactions requires proper documentation which includes:
1. Deed of Assignment,
2. Registered Title,
3. Certificate of Occupancy, Right of Occupancy, or proper root of title,
4. Survey Plan.
Anything less than the above is risk.
Always consult with a legal practitioner before making payment for property transaction.
Town-Send Law
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