All You Need To Know About Real Estate Titles

Real Estate Titles are legal rights to ownership of a property including the right to sell. While most people confuse Deeds for Titles, they are entirely different and need to be understood differently.

In Real Estate, titles refer to the evidence of a person’s rights to or ownership of land or landed property. It can also refer to the ownership itself, depending on the context in which it is used.

There are several Land Document Titles in Nigeria. They include:

● Global Acquisition (Free or committed)

● Excision

● Gazette

● Certificate of Occupancy (Federal, State or Communal)

● Governor’s Consent.

● Deed of assignment (Registered)


Global Acquisition: This is the default title of any land within a State. A General Acquisition title can be declared free after excision is perfected. Real Estate Experts do not advise land owners to build on land that has a Global Acquisition title until Excision is perfected. What then is excision?

Excision: A Land is said to be excised when it has been released by the government to an individual or company. When a land has been deemed free from the government, a Gazette title can be given and the land owner is free to go ahead and get proper titles like C of O (Certificate of Occupancy) or the Governor’s Consent.

Gazette: This is an official record book containing special government details. It shows the communities or villages that have been granted excision and the number of acres or hectares of land that the government has given to them.

Certificate of Occupancy: It is safe to say that the C of O is one of the most important land documents in Nigeria. It is a document that certifies the legal ownership status of a land in Nigeria no matter what it is being used for. It is a document given by the State Government to lease a land in the State for a period of ninety-nine years. This is because it was previously known that “All lands belong to the Government”.

Governor’s Consent: This is also known as deed of lease. It is a contract that specifies the terms of one party’s agreement to lease property owned by another party. It can only be obtained when a land is bought with C of O. The Deed of Lease is a land document that proves to the Governor and the Public that the land is now in possession of a new owner.


Registered Deed of Assignment: If a land has a “Registered Deed of Assignment”, it means that the Excision is still in process. A Deed of Assignment is an agreement between the seller of the property and the buyer showing that the seller has transferred all his rights, title interest and ownership to the buyer. Once the deed of assignment has been exchanged, it is then registered in the land registry to show legal proof.


Also, it is important to know the difference between Deeds and Titles, so as to understand the concept of titles better. When a buyer decides to purchase a land or landed property, both the “title” and “Deed” are transferred to the buyer and these two terms are entirely different. Here are a few things you need to know about both:

The major difference between a Deed and a Title is the physical component. A deed is an official document that declares the legal ownership of a property by a person. A title on the other hand refers to the concept of ownership rights. A deed is the document that will be in the physical possession of the buyer while a title is the right conferred on the buyer to own the property.

Types of Deeds

Having established what a deed is, it is imperative to understand the various kinds of deed. They are: General Warranty Deed, Special Warranty Deed and Quitclaim Deed,

General Warranty Deed

A general warranty deed is used to protect a buyer or grantee by assuring them that the seller/grantor has full title and is the sole owner of the property with full rights to sell. It equally promises that the seller/grantor has no knowledge of any property issues that may come up. It is strictly prepared by a mortgage company.

Special Warranty Deed

A special warranty deed only guarantees title for the time the property was owned by the seller. This type of deed is not really used for home purchases, but for purchase of commercial property.

Quitclaim Deed

Quitclaim deeds are mostly used when a property is transferred from one legal entity to another without any money changing hands. Popular examples of transfer via quitclaim include:

● One spouse transferring property ownership to the other.
● Parents transferring property ownership to children.
● Individuals transferring property ownership to trusts or LLCs.

Another common use of quitclaim deeds is to change the legal name written on a deed in the case of a name change. They typically don’t come with the protections for the recipient that a buyer receives with a conventional deed.


Here are a few other important terms to note when the question of “Real Estate Titles” pop up:

Title Insurance

Title insurance is simply to protect the buyer from unknown property issues or encumbrances. Title Insurance is mostly required for lenders of property while buyers on the other hand often do not see the need for it. Experts however recommend home buyers to purchase title insurance irrespective.

In the case of land ownership disputes, title insurance often comes in handy to protect the buyer.


Title Search

A title search in Real Estate is done to uncover any limitations on property use, e.g unresolved payments tied to the property, such as liens. It also helps to determine whether or not the seller has a legal right to transfer ownership like they claim.

Most Title Searches are done either by Title companies or Real Estate Attorneys. Often times, this is done in a merely informational manner.


Abstract Of Title

An abstract of title is a document that lists the property’s previous owners, as well as any past encumbrances, such as liens.

Generally, TITLES confer the right on an individual to own a property.

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