Beyond Purchase Price: Why Title Verification is the True Bedrock of Real Estate Investment in Nigeria (Part 2) By Olawale Fatunwase
4. Testamentary Will and Assent:
Nature and Origin
A Testator can dispose of their property by a valid Will. Under a Will, the Testator appoints Executors who are responsible for administering the estate. Upon the Testator’s death, the legal interest in the real property vests in the Executors.
To transfer the property to the beneficiary named in the Will, the Executors execute a document known as an Assent. An Assent is the formal instrument by which the Executors “assent” to the vesting of the property in the beneficiary. The law implies that once the administration of the estate is complete, the Executors hold the property as trustees for the beneficiary, and the Assent perfects the transfer.
Validity and Limitations
A buyer purchasing from a beneficiary under a Will must demand to see two things: the Grant of Probate (the legal document issued by the court confirming the Executors’ authority) and the Assent transferring the specific property from the Executors to the beneficiary. If the beneficiary is selling directly, they must ensure the Assent has been properly executed and ideally registered. A Will that has not been admitted to probate (i.e., a Grant of Probate obtained) confers no authority on the Executors to deal with the property.
5. Letters of Administration (Intestacy):
Nature and Origin
When a person dies without leaving a valid Will (intestate), their property cannot be lawfully touched until the court appoints administrators to manage the estate. The document that grants this authority is the Letters of Administration. Until Letters of Administration are granted, the property of the deceased is deemed to vest in the Chief Judge of the State.
The Administration of Estates Law of each state governs this process. For example, in Lagos State, the law prescribes an order of priority for those entitled to apply, starting with the surviving spouse, then children, parents, and so on . The Administrators derive their power solely from this grant and are responsible for gathering the deceased’s assets, paying debts, and distributing the estate to the entitled beneficiaries.
Validity and Limitations
Any transaction involving the property of a deceased person that occurs without a grant of Letters of Administration is a nullity. A buyer who purchases “family land” from a deceased person’s relative without verifying that Letters of Administration have been obtained is purchasing a lawsuit.
Even with a grant, the Administrators’ power is to distribute the estate. If the property is to be sold to a third party (e.g., to raise funds to pay debts or to distribute cash), the Administrators must have the authority to sell, which may be implied or may require a court order depending on the circumstances. A buyer must scrutinize the grant to ensure it is valid and that the Administrators have the power to effect the sale. The process of obtaining Letters of Administration can be lengthy and cumbersome, and any defect in the process can render the subsequent title void.
6. Court Judgment:
Nature and Origin
A court judgment can be a source of title. This occurs most commonly in two scenarios: first, where a court declares a party to be the rightful owner of a property in a dispute (a declaratory title); and second, where a court orders the sale of property to satisfy a debt or executes a partition of family property.
Validity and Limitations
A court judgment is as valid as the jurisdiction of the court that delivered it and the parties before it. A judgment from a court without jurisdiction is a nullity. Furthermore, a judgment is binding only on the parties to the case. A buyer purchasing property based on a court judgment must ensure that the judgment is final, that there is no pending appeal, and that the judgment debt or order has been properly executed and a vesting order or other conveyance has been issued. Relying on a judgment alone without a proper deed of conveyance based on that judgment is risky.
The Professional Imperative: Due Diligence as a Standard of Care
For real estate agents, the implications are clear. The days of merely introducing a buyer to a seller are over. The modern professional, especially one serving the discerning diaspora client, must act as the first filter of title validity.
An agent who fails to advise a client to verify a vendor’s root of title—whether it be a customary grant that needs conversion, a C of O that may be subject to revocation, or an inheritance claim lacking Letters of Administration—is not just exposing the client to risk; they are exposing themselves to liability. The integrity of the profession rests on the ability to guide clients away from defective titles and toward transactions that can be perfected.
The Call to Action:
1. Verify the Root: Always ask the vendor: How did you acquire this property? Demand to see the chain of documents—from the original grant (C of O) to the current deed (Deed of Assignment, Assent, etc.).
2. Understand the Limitations: Know that a customary title is not the same as a statutory C of O. Know that a Deed of Assignment is useless without the Governor’s consent and registration. Know that a Will is inoperative without Probate, and an intestate estate is frozen without Letters of Administration.
3. Involve the Experts: Title verification is a legal exercise. Agents must work hand-in-glove with property lawyers to conduct formal searches at the Lands Registry and the Probate Registry. As the Supreme Court has consistently held, effective notice and proper process are non-negotiable for valid title. See Samuel Ononuju & anor. V. Attorney General of Anambra State & Ors. (2009) LPELR—SC 29/2000.
In conclusion, title is everything. For the diaspora investor looking toward 2026, the dream of owning a home in Nigeria must be built on the solid foundation of a verifiable, transferable, and insurable title. For the real estate professional, the ability to navigate these complex roots of ownership is not just a value-add; it is the hallmark of a practice built to last, protect, and prosper.
Olawale Fatunwase is the leading partner at Luxe Corporate Solicitors, a registered firm headquartered in Ibadan, Nigeria specializing in real estate consulting, management and marketing. For consultations and other services, write to me via luxe.solicitors@yahoo.com
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