Practical Guide to Buying Land from Omo Onile
Buying land in Nigeria is a dream for many, but when dealing with Omo Onile (land-owning families), the risks are high. Many buyers have lost money to double sales, harassment, and fraud. This guide highlights the safest steps to follow.
Don’t Rush the Process
Omo Onile often pressure buyers with lines like “others are interested” or by inflating prices. Do not rush. Land is permanent, but rushing into a deal can cause permanent loss.
Case Reference: Adelaja v. Fanoiki (1990) – The court stressed proof of valid ownership before purchase.
Confirm Ownership with Proper Documents
Essential documents include: Survey Plan, Deed of Assignment, Certificate of Occupancy (C of O), Governor’s Consent, or a Court Judgment. Always verify the seller’s identity against these documents.
Case Reference: Ogunleye v. Oni (1990) – Only proper documents of title prove ownership.
Sales Agreement (Contract of Sale)
A receipt of payment is not enough. A valid Sales Agreement prepared by a lawyer must state: names of buyer and seller, land description, price, payment terms, and signatures of witnesses.
Case Reference: Okoye v. Dumez (1985) – Courts recognize only enforceable written contracts.
Deed of Assignment & Governor’s Consent
The Deed of Assignment legally transfers ownership and must be registered at the Land Registry. If the land already has a C of O, Governor’s Consent is mandatory for validity.
Verify at the Government Land Registry
A search at the Land Registry shows if the land is under government acquisition, mortgaged, or in dispute. Without this, you risk buying land that is not free from encumbrances.
Case Reference: Ebenese v. Orji (2002) – Buyers must conduct proper searches to avoid loss.
Avoid Verbal Promises
Land sales must be in writing. Verbal assurances are worthless and unenforceable under the Statute of Frauds.
Case Reference: Ogunbambi v. Abowaba (1951) – Oral evidence cannot replace written agreements.
Always Involve a Lawyer
Lawyers are not just formality. They review documents, confirm ownership, draft agreements, and ensure legal compliance. Legal fees are cheaper than court battles.
Pay Safely and Collect Receipts
Pay through bank transfer, never cash. Insist on receipts that state: buyer’s and seller’s names, land description, amount (words & figures), date, and purpose of payment.
Collect All Documents Immediately
Do not leave without your documents: Receipt, Sales Agreement, Deed of Assignment, Survey Plan, and C of O (if available). Delay can allow Omo Onile to resell your land.
Sign-On Fee (Settlement)
In some areas, Omo Onile demand “sign-on fees” before granting access. While unofficial, it may be necessary. Always request a receipt.
Affidavit of Ownership
An affidavit sworn at the High Court by Omo Onile declaring ownership provides extra legal protection, though not conclusive proof. It strengthens your defense if disputes arise.
Practical Safety Checklist
• Hire a lawyer before starting
• Conduct government land search
• Insist on written agreements
• Pay only via bank transfer
• Collect all documents instantly
• Keep affidavit for extra proof
Conclusion
Buying land from Omo Onile is risky. But with due diligence, legal guidance, and proper documentation, you can avoid disputes and protect your investment.
Disclaimer
This article is for education only and not legal advice. Always consult a qualified lawyer before purchasing land.
Author’s Note
This article was written by Osotimehin Itunuoluwa Emmanuel (I.E.O), a paralegal at Chief Ladi Rotimi Williams Chambers and graduate of Ajayi Crowther University, Oyo (LL.B).