Difference Between Registered Survey and Deed of Assignment in Nigeria

Buying land in Nigeria is a major investment, and one of the most important steps is ensuring that the property has the right documentation. Two documents that frequently come up during a land transaction are the registered survey and the deed of assignment.

Although both documents are important, they serve completely different purposes. A registered survey primarily helps identify and define the land, while a deed of assignment documents the transfer of an interest in that land from one party to another.

Understanding the difference between a registered survey and a deed of assignment in Nigeria can help buyers carry out proper due diligence, reduce the risk of disputes and make more informed property investment decisions.

What Is a Registered Survey in Nigeria?

A registered survey is an officially recorded survey plan that identifies and describes a specific parcel of land. It is prepared by a licensed or registered surveyor and submitted to the relevant government authority for registration.

A registered survey provides important information about the physical identity of a property, including:

• The location of the land
• The size and dimensions of the property
• The boundaries of the property
• Survey coordinates
• The survey plan number
• The name of the person claiming an interest in the property

One of the most important functions of a registered survey is to establish exactly where a parcel of land is located.

It can also assist with determining whether the land falls within an area affected by government acquisition, committed areas, planning restrictions or other government interests, depending on the applicable state records and procedures.

Why Is a Registered Survey Important?

A survey is particularly important because land can be difficult to identify by verbal descriptions alone.

Two properties may have similar addresses or descriptions, but their survey coordinates and boundaries provide a more precise way of identifying the specific parcel involved.

However, it is important to understand that a registered survey is not, by itself, conclusive proof of ownership. The survey primarily establishes the identity and physical description of the land. The buyer must also investigate the root of title and other relevant ownership documents.

What Is a Deed of Assignment?

A deed of assignment is a legal instrument used to document the transfer of an interest in land or property from one person to another.

The person transferring the interest is generally referred to as the assignor, while the person receiving the interest is referred to as the assignee.

For example, if Mr. A has a legally transferable interest in a parcel of land and sells that interest to Mr. B, a deed of assignment can be used to formally document the transaction and the transfer from Mr. A to Mr. B.

A deed of assignment may contain details such as:

• The names and details of the parties
• A description of the property
• The purchase price or consideration
• The interest being transferred
• The root or history of title
• Terms and conditions of the transaction
• Execution by the relevant parties
• Attestation and other formal requirements

Depending on the nature of the property and the applicable law, completing the transaction may also require stamping, registration and the appropriate consent.

Registered Survey vs Deed of Assignment: What Is the Difference?

The easiest way to understand the difference is that a registered survey identifies the land, while a deed of assignment documents the transfer of an interest in the land.

What a registered survey covers

• Identifies the location and boundaries of the land
• Usually prepared by a registered surveyor
• Shows measurements, coordinates and boundaries
• Helps establish the physical identity of the property
• Does not, by itself, transfer ownership
• Can form part of the documentation required for title perfection

What a deed of assignment covers

• Documents the transfer of an interest in land
• Usually prepared as a legal instrument
• States the parties, consideration and terms of transfer
• Helps document the legal transfer between parties
• Used to formally document an assignment of an interest
• May require stamping, registration and relevant consent for perfection

Therefore, these documents should not be treated as alternatives. They perform different functions within the property transaction.

Is a Registered Survey the Same as a Deed of Assignment?

No. A registered survey is not the same as a deed of assignment.

A registered survey deals primarily with the identification, location, measurements and boundaries of the land.

A deed of assignment deals primarily with the transfer of an interest in the property from one party to another.

For example, a person may have a registered survey for a parcel of land. If that person subsequently sells the property, the transaction may require a deed of assignment to document the transfer to the purchaser.

This means that seeing a survey bearing someone's name does not automatically establish that the person currently owns the land or that a buyer has acquired ownership. The buyer must investigate the complete title history and the documents supporting the seller's interest.

Can You Have a Registered Survey Without a Deed of Assignment?

Yes. A parcel of land can have a registered survey without there being a deed of assignment transferring an interest to a particular buyer.

For example, an owner or claimant may have surveyed and registered a parcel of land as part of documenting their interest in the property. If the land is later sold, the parties may execute a deed of assignment to document the transfer.

Therefore, the existence of a registered survey does not automatically mean that the person presenting it has acquired the property through a sale or that the person is the undisputed owner. The survey should be considered alongside the root of title, title documents and relevant government searches.

Can You Have a Deed of Assignment Without a Registered Survey?

A deed of assignment may exist without a separately registered survey being available in a particular transaction, depending on the circumstances and the documents associated with the property. However, this does not mean a buyer should ignore the survey process.

Before purchasing land, you should be able to establish:

• Where the property is located
• The property's boundaries
• The size of the property
• The survey coordinates where applicable
• Whether the land is affected by government acquisition or other restrictions
• Whether the property corresponds with the documents presented by the seller

A property lawyer and registered surveyor can help determine the appropriate searches, surveys and documentation required for the particular property.

Which Is More Important: Registered Survey or Deed of Assignment?

It is generally not a question of choosing one over the other because they serve different purposes.

The registered survey answers: Which land is being dealt with? The deed of assignment answers: What interest is being transferred, from whom, and to whom?

For a property transaction, both the proper identification of the land and the legal documentation of the transfer can be important. A buyer should therefore avoid assuming that having one document automatically eliminates the need for the other.

Why Buyers Should Verify Both Documents Before Buying Land

One of the biggest mistakes a land buyer can make is accepting property documents at face value. Before paying for land, proper due diligence should be carried out.

1. Verify the survey

Have a qualified surveyor verify the survey information, including the property's location, boundaries and coordinates. The survey should correspond with the actual property being offered for sale.

2. Conduct a title search

A search should be conducted at the appropriate land registry or relevant government authority to establish the status of the property and investigate the title. The exact process differs between states.

3. Confirm the seller's authority to sell

You should establish that the person selling the property actually has the legal authority to transfer the interest being offered. Where a company, family, estate, attorney or other representative is involved, additional documentation and verification may be required.

4. Review the root of title

The root of title helps show how the seller or previous owner acquired the interest in the property. Depending on the transaction, this could involve documents such as a previous deed of assignment, certificate of occupancy, grant, conveyance or other relevant title documents.

5. Check for government acquisition and encumbrances

A buyer should investigate whether the property is affected by government acquisition, restrictions, mortgages, litigation, competing claims or other encumbrances. The applicable checks depend on the location and nature of the property.

6. Have a property lawyer review the documents

Before signing or making substantial payment, it is advisable to have a qualified property lawyer review the title documents, agreement and transaction structure. A lawyer can also advise on the searches, consents and perfection requirements applicable to the transaction.

7. Perfect your interest

After acquiring property, the buyer should take the necessary steps to perfect the interest acquired. Depending on the transaction and applicable state requirements, this may involve:

• Payment of stamp duty
• Registration
• Obtaining the appropriate consent
• Other title perfection requirements

The exact requirements can vary depending on the state, the nature of the property and the type of interest being transferred.

Common Mistakes Land Buyers Make in Nigeria

Understanding property documents is important, but buyers should also be aware of common mistakes that can create serious problems later.

Mistake 1: Assuming a survey means ownership

A registered survey is important, but it should not be treated as the complete proof of title. The buyer should investigate the seller's root of title and conduct the necessary searches.

Mistake 2: Paying before due diligence

Buyers sometimes make substantial payments before their lawyer or surveyor has verified the property. This can expose the buyer to unnecessary risks.

Mistake 3: Ignoring the survey coordinates

A buyer should not rely solely on landmarks, descriptions or what the seller points out physically. The property's survey information should correspond with the actual land.

Mistake 4: Failing to investigate the seller

Before purchasing land, confirm who owns or controls the interest being offered and whether the person has authority to sell it.

Mistake 5: Assuming every deed of assignment is valid

A document being titled Deed of Assignment does not automatically mean that the seller has good title or that every required legal step has been completed. The underlying title and applicable perfection requirements still need to be investigated.

Registered Survey and Deed of Assignment: A Simple Example

Imagine that Mr. Ade owns a parcel of land in Lagos. A registered survey identifies the exact location, dimensions, boundaries and coordinates of the parcel. Mr. Ade then agrees to sell the property to Mr. Chidi. The deed of assignment documents the transfer of Mr. Ade's interest to Mr. Chidi.

Registered Survey = Identifies the land. Deed of Assignment = Documents the transfer.

Mr. Chidi should still carry out proper title searches and other due diligence before completing the transaction.

What Documents Should You Check Before Buying Land in Nigeria?

The documents required will depend on the property and its history, but a buyer may encounter documents such as:

• Registered survey plan
• Deed of assignment
• Certificate of Occupancy
• Governor's Consent
• Previous title documents
• Deed of conveyance, where applicable
• Allocation documents
• Building approval and planning documents, where relevant
• Evidence of relevant registration and perfection

Not every property will have every document listed above, and the significance of each document depends on the property's history and applicable law. This is why buyers should have the specific property reviewed rather than relying on a generic checklist.

Final Thoughts

The difference between a registered survey and a deed of assignment in Nigeria is primarily about their purpose. A registered survey helps establish the identity, location, size and boundaries of a parcel of land, while a deed of assignment is a legal instrument used to document the transfer of an interest in land from one party to another.

Neither document should be viewed in isolation when buying property. A survey does not automatically establish good title, and a deed of assignment should not be accepted without investigating the property, the seller's interest and the relevant title history.

If you are buying land in Nigeria, proper due diligence should be carried out before making a significant financial commitment. Engaging a qualified property lawyer and registered surveyor can help you verify the land, investigate the title and understand the documentation required for the transaction.

Looking to Buy Land or Property in Lagos?

At Luxage, we believe property investment should be approached with proper documentation, transparency and due diligence. Before committing to a property purchase, make sure you understand exactly what you are buying and what documents support the transaction.