A deed of Assignment is one of the most important documents YOU MUST HAVE when you conclude a Land Transaction. In fact it baffles me that 6 out of 10 people I know who have bought lands in the past have no deed of assignment. They are always the first to complain that Omonile has defrauded them but they have no proof to show the property has been sold to them other than a receipt.
It’s funny that everyone has the title documents to their car showing who the seller was and how it was transferred from the Seller of that car to you the new owner but when it comes to landed properties which are 10 times more valuable than cars, we fail to ask for this one simple important document that can prove ownership of that land. What then is this all important deed of Assignment I am alluding to? This can be found from the following definitions below:
A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land to that the Seller that has just bought land.
The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller. The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.
A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.
In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance.
The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner. Such Key issues include:
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1. The Parties’ to the Agreement e.g between Mr A and Mrs K
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2. The addresses of both parties and how it is binding on their successors, friends, colleagues and those representing them in any capacity.
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3. The history of the land in question how it was first obtained down to the moment its about to be sold including and documents it previously had till this date
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4. The agreed cost of the land and the willingness of the Seller to finally accept that price paid for the land
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5. The description and size of the land to be transferred.
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6. The covenants or promises both parties choose to undertake to perfect the transfer of the document
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7. The signature of the parties to the Assignment and Witnesses to the Transaction
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8. Finally the section for the Commissioner of Oaths or Governors Consent to sign and validate the agreement.
These are the important features of a Deed of Assignment and must be included in all Documents for it to be valid. Don’t listen to any Omonile who tells you he doesn’t or the family doesn’t sign a deed of assignment and that it is only a receipt you need. He is only looking for a way to resell your land to another person and to use receipt as a ploy to prevent you from establishing true ownership of your land.
Always consult a property lawyer before you buy a land to help prepare a deed of assignment. It will be your greatest mistake if you don’t have one. Below is a sample deed of assignment and how it looks so that you don’t fall victim of land swindlers
SAMPLE DEED OF ASSIGNMENT
Always consult a property lawyer before entering a legal contract.
owolabi animashaun
October 24, 2013 at 1:42 pmhow much is it to obtain governor consent of 3plots of land at okegbegun phase 2.,winner church along laspotech road ikorodu? or if there is C OF O Availiable? thanks
Barr. Matthew Ottah
October 24, 2013 at 1:55 pmI need the square meters of the survey plan so that I can fathom out N estimate of what it would cost. Cheers
Adetunji
November 22, 2013 at 8:30 amI have a parcel of Land i had alredy built a 3-Bedroom Bungalow on at Magada behind MFM Prayer City. I only have a Signed Agreement from the One I bought it from. I have paid to the Omonile but yet to get a receipt from them. I have not done a survey yet. Kindly advice.
babatunde Ogunnowo
January 10, 2014 at 8:16 amgood morning. what is the difference bewteen a deed of sublease and a deed of assignment? which is preferable
2. what are the cost implications for processing any tyeo of deed. thanks. keep up the good work
Daniel
February 5, 2014 at 5:47 pmSir, I have plot at ogun state and for the deed of assignment, the land owners said I will pay 100K for them to get it done that there are four signatories to it. The issue now is that the said amount is too much. Pls I need your input on this. Thank You
Matthew Ottah
February 5, 2014 at 6:51 pmYou need to negotiate with them to reduce the price
ola
February 9, 2014 at 8:17 amPlease Mr Ottah can you send your number so I can call to ask for help?
Matthew Ottah
February 9, 2014 at 10:47 amMy numbers are everywhere on the site. Cheers
tosin
February 21, 2014 at 7:43 pmsir,this deed…who is resposible to issusing it,i.e is it part of the document the omonile will give you when you have paid for the land or the buyer contracts a lawyer to draw it up after payment and takes to family(olori ebi) to sign their portions.
Matthew Ottah
February 21, 2014 at 7:55 pmYour very correct sir. Both options are the right way to go about it.
Oby Biggy
June 5, 2014 at 1:29 pmhow do you know a false land
Emmanuel
September 26, 2014 at 2:17 pmI wanted to buy a land from one of this estate, I was told the estate has a Global C of O from Ogun state government and that upon payment I will be issued a Deed of Assignment. There after I can do the survey. My questions are:
1. I was told since the Estate has Global C of O, I might not necessarily need individual C of O.
2. What other documents do I need to process apart from the survey. You sincere advice will be appreciated. Thanks
Owolabi
October 1, 2014 at 2:07 pmsir, thank you very much sir for your advise, all what u said above is true even i presently find myself in dat situation, i bought just half plot of land from a family representative at abeokuta in which i only collected receipt from them without the deed of assigmnet and i started work on the land, im even through with the foundation about to start the main building.
Sir, i will be very glad and happy if you can put me through on what are d next steps to take, though i have printed out all the deed of assignment you pasted up for me to rewrite and give them to sign.
Thanks you very much sir
Larry
December 27, 2014 at 3:36 pmHi, I bought a land from a relative of which the land have a c of o under my Anty family name,
my question is;
1. Do I have to do personal c of o on my name.
2. is’t secure under my Anty family name.
I need an advice, and I will be looking forward to hear back from you because I don’t know what to do before is too late…thanks!
chichi
March 20, 2015 at 9:37 pmGood evening barrister, Pls must I first so a survey before I do a deed. We Purchased a land and we have just a receipt. Thank you
Kevin
April 14, 2015 at 11:50 pmplease is it legal for a non lawyer to prepare a deed of assignment? Thanks.
John
June 15, 2015 at 5:58 amPlease explain to me the difference between Deed of Assignment and Deed of Agreement. I am getting different interpretation and it is confusing. When I buy a family land, which one should I prepare for the family to sign?
Matthew Ottah
June 15, 2015 at 9:35 amThey are the same thing sir and perform the same function.
Sam
June 18, 2015 at 11:17 amCould you please tell me the importance of that red seal in a deed? What is its significance? How important is it? Thanks
Matthew Ottah
June 21, 2015 at 6:08 pmIts of no serious importance in modern day execution of documents. As long as the parties have signed or attested to the documents with their signatures or personal thumbprint, the document is as good as been executed properly. People who use it are mostly Customary Land Families to show how important their signatures are
Giulia Devey
June 30, 2015 at 5:46 pmI have a deed of assignment which is signed but the property has an outstanding mortgage on the property. I have been paying this, however it fell into arrears and now the assignor is claiming against me for receiving adverse credit. This person did not take their name off the mortgage therefore would I be liable for her claim in court?
Matthew Ottah
July 31, 2015 at 4:10 pmYes you would because you have chosen to continue paying the outstanding mortgage. Your lawyer should have advised you on the perils of continuing the mortgage payment in your name
Olusegun
September 9, 2015 at 10:44 pmPls. must a land have C of O before Governor conscent can be acquired if purchased from the owner? What happen when the land doesnot have C of O? can the buyer seek to get C of O in place of Governors conscent
tomisin
September 15, 2015 at 11:51 amPlease can a commissioner for oath of Lagos State endorse the dead while the land is situated in ogun state
Okzed
October 11, 2015 at 10:18 pmCan a deed of assignment be prepared for land that does not have C of O yet but which Allocation paper or R of O is ready?
name withheld
October 30, 2015 at 2:20 ammy friend bought a property an does not know how much to pay his attorney, the attorney are asking for 500k 180, and claimed they have to bribe some people to get them to follow the deed of assignment , is it a fraud of are the lawyers just trying to be a fraudulent?? thanks and have a good day
OLUWASEYI
November 25, 2015 at 3:25 pmGood day Sir, I found this site and info therein helpful. Is it possible for a the seller to issue a 2 Deed of assignment to different person on the sme land.
OLUWASEYI
November 25, 2015 at 3:27 pmWhat is the functional different between C of O and deed of assignment
Foster
January 27, 2017 at 4:10 amTwo people bought a plot of land. The seller bought it from another person. What documents must the new buyers get? Must each survey his own portion before the agreement?
femi
December 15, 2015 at 8:43 amomonile lawyer, pls i have power of attorney and deed of partition for a piece of land in abuja (4 of us bought and shared the land), do i still need deed of assignment?
Ezekiel
June 8, 2016 at 8:52 amSir, I want you to send a soft copy of deed of assignment to my email. How much would it cost?
dahloji@gmail.com
Mr. Kunle
September 11, 2016 at 10:29 amGood day sir. I bought a plot of land, have a signed deed of assignment. But resently, d surveyor called me that there is need to create a road at my (land) back i.e a plot will b inbetween two roads and that i should shift my pillar and the corner piece. Now, i need ur advice on what to do sir. Thanks. N.B He is d one who sold d land, measured, pegged and put d pillar.
Laizah
October 19, 2016 at 9:57 aml can get in touch with the company l signed deed of assignment with 4 times no reply to me
Gabriel Joseph
February 3, 2017 at 1:06 pmTo be honest with you this is really helpful. Thanks
adesina
April 16, 2017 at 10:18 pmhow do I submit my deed of assignment for record purpose
biggy
April 25, 2017 at 8:35 pmpls sir,I bought a land with power of attorney from estate management.Am I entitle to omonile receipt and deed of assignment?
morah
July 4, 2017 at 2:03 pmi have a land which was purchased from the estate developers but i lost all documents to it by an act of God. what can i do
CHIDERA
July 19, 2017 at 8:27 amplease sir, can u help us with a sample of the shedule page so that i ccan coinfirm that the schedule page of the deed of assignment for my land is made in the right form
Ola Abiodun
June 6, 2020 at 11:09 amI bought a land in my name and wife’s name. I have now built a property on this land and all the paper works including CofO and the plan have our names both. The land and the property was solely bought and built with my money. I understand we both have claim because her name is on the documents.
What do I need to do to take her name off the the property, both the land and the building? Can you also please advise the likely cost?
I look forward to hearing from you