deed of assignment nigeria sample

Deed of Assignment

DEED OF ASSIGNMENT

THIS DEED OF ASSIGNMENT is made this ________ .

________ , of the following address:

hereinafter referred to as (the " Assignor " which expression shall where the context so admits include its successors-in-title and assigns) of the first part;

hereinafter referred to as (the " Assignee " which expression shall where the context so admits include its successors-in-title and assigns) of the other part.

The Assignor and the Assignee shall be collectively referred to as the " Parties ".

A. The Assignor is the beneficial owner of all that parcel of land described as follows (the " Land "):

B. The Assignor obtained the legal title to the Land particularly described in this document by virtue of the following:

C. The Assignor has agreed to sell and transfer the entire Land to the Assignee of and grant the Assignee the entire right, title and interest in the unexpired residue of the Assignor's term of the Assignor's right of occupancy.

NOW THIS DEED WITNESSES AS FOLLOWS

In consideration of the sum of ₦ ________ (________) paid to the Assignor by the Assignee, the receipt of which is hereby acknowledged, the Assignor as beneficial owner, hereby assigns and transfers unto the Assignee all that residue of unexpired years of the Land to hold the same unto the Assignee subject to the provisions of the law.

COVENANTS, WARRANTIES AND REPRESENTATIONS OF THE ASSIGNOR

The Assignor hereby represents, warrants and covenants as follows:

(I) that the Land is free and clear of any mortgage, lien, debts and encumbrance and no part of the Land is subject to any encumbrance;

(II) that the Assignor has good and proper title to the Land and hereby indemnified the Assignee and shall keep the Assignee indemnified against any defects in his title and for costs or expenses and for actions, claims and proceedings that may arise by the risen of any defect in the title of the Assignor;

(III) that the Assignee shall have full possession of the Land and its appurtenances effective from the date of this Deed;

(IV) to deliver to the Assignee upon execution all original title documents pertaining to the Land which are in the possession of the Assignor and which may come to his possession to Assignee;

(V) 22 25222282 2528522 588 528522228 2552 5285852 252852822 525 52 588 258228 2552 552 228288552 22 228552 252 25528225 525 5888222222 22 252 2525;

(VI) 2552 252 8555522828, 82522282828, 525 522528222528228 58282 552 525 85588 522582 85885 525 82 2588 22582 2552525252 525 52225 252 8582 22 252 2525.

IN WITNESS OF WHICH the Parties have set their hands and seal this day and year first written above.

SIGNED, SEALED AND DELIVERED by the within named Assignor:

___________________________ ________

IN THE PRESENCE OF:

Name . ...............................................................................................................

Address . ............................................................................................................

Occupation . .......................................................................................................

Signature . .........................................................................................................

SIGNED, SEALED AND DELIVERED by the within named Assignee:

I hereby consent to the Transaction contained in this Deed.

Dated ______ day of _____________________, ___________.

____________________________________ Honourable Commissioner and Attorney General of Justice on behalf of the Executive Governor of Abia state

DESCRIPTION OF PROPERTY CONVEYED UNDER THIS DEED

All that parcel of land described as follows:

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• Land Ownership and Documentation

Deed of Assignment in Nigeria: A Complete Guide (2024)

In Nigeria, the Deed of Assignment is paramount for transferring property ownership. This legal document, vital for transferring land ownership, serves as a legal root of title to the property. It’s essential to meet specific legal requirements for its validity, often necessitating a lawyer’s assistance. Registering the deed with the relevant land registry is crucial to legally prove the property transfer.

Key Takeaways:

• The Deed of Assignment is a vital document for property ownership transfer in Nigeria.
• Legal requirements must be fulfilled when creating a Deed of Assignment.
• It is recommended to consult a lawyer for proper preparation of the deed.
• Registering the deed with the relevant land registry is essential for legal proof of property transfer.
• Cost of preparing a deed of assignment can vary based on property value and lawyer’s expertise.

Importance of a Deed of Assignment in Nigeria

• Transfers ownership of land or property from one party to another.
• Serves as a legal root of title to the property.
• Essential for establishing clear and legal property ownership.
• Provides security and protection for the new owner.
• Prevents potential future disputes or claims regarding the property.

Procedure for Executing a Deed of Assignment in Nigeria

• Prepare the necessary documents including names and addresses of the parties, date of transfer, nature of the assignor’s title, property description, and purchase price.
• Ensure both the assignor and assignee sign the deed.
• Have the deed prepared by a qualified lawyer to ensure its legality.
• Register the deed with the relevant land registry to establish legal proof of the property transfer.
• Consider the cost factors, such as the value of the property and the lawyer’s expertise, and budget accordingly.
• Seek legal assistance to ensure proper execution and registration of the deed.

In wrapping up, navigating the terrain of property ownership transfer in Nigeria need not be a herculean task. The Deed of Assignment is your legal compass, guiding the transfer process seamlessly. While it’s a journey filled with legalities and paperwork, remember that each step fortifies your claim, solidifying your ownership and safeguarding your investment against future disputes.

Don’t shy away from seeking legal counsel to ensure every ‘t’ is crossed and ‘i’ dotted. Your property is a significant investment; give it the legal backing it deserves. Stay guided, stay legally secured. Cheers to the new property owners

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• chamanlawfirm.com

About The Author

Azeez Onifade

Abdul Azeez is a land Surveyor and a Real Estate enthusiast. He has about 11years experience in the industry.

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Deed of Assignment

Updated: Nov 11, 2021

Lex Futurus Group

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Key description

• The Deed of Assignment, unlike the Deed of Lease, lets a party legally alienate their landed property to another, inclusive of their unexpired interest (usually 99 years under the Nigeria law and practice) based on a consideration. With the Deed of Assignment signed and executed under the relevant Nigerian real estate law regime, a party has no reversionary interest.

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DEED OF ASSIGNMENT: EVERYTHING YOU NEED TO KNOW.

A Deed of Assignment refers to a legal document in which an assignor states his willingness to assign the ownership of his property to the assignee. The Deed of Assignment is required to effect a transfer of property and to show the legal right to possess it. It is always a subject of debate whether Deed of Assignment is a contract; a Deed of Assignment is actually a contract where the owner (the “assignor”) transfers ownership over certain property to another person (the “assignee”) by way of assignment. As a result of the assignment, the assignee steps into the shoes of the assignor and assumes all the rights and obligations pertaining to the property.

In Nigeria, a Deed of Assignment is one of the legal documents that transfer authentic legal ownership in a property. There are several other documents like a deed of gifts, Assent, etc. However, this article focuses on the deed of assignment.

It is the written proof of ownership that stipulates the kind of rights or interests being transferred to the buyer which is a legal interest.

Read Also: DIFFERENCE BETWEEN TRANSFER OF PROPERTY THROUGH WILLS AND DEED OF GIFT

CONTENTS OF A DEED OF ASSIGNMENT

Content of a Deed of Assignment matters a lot to the transaction and special skill is needed for a hitch-free transaction. The contents of a deed of assignment can be divided into 3 namely; the introductory part, the second (usually the operative part), and the concluding part.

• THE INTRODUCTORY PART: This part enumerates the preliminary matters such as the commencement date, parties in the transaction, and recitals. The parties mentioned in the deed must be legal persons which can consist of natural persons and entities with corporate personality, the name, address, and status of the parties must be included. The proper descriptions of the parties are the assignor (seller) and assignee (buyer). The Recitals give the material facts constituting the background to the current transaction in chronological order.
• THE SECOND PART (USUALLY THE OPERATIVE PART): This is the part where the interest or title in the property is actually transferred from the assignor to the assignee. It is more like the engine room of the deed of assignment. The operative part usually starts with testatum and it provides for other important clauses such as the consideration (price) of the property, the accepted receipt by the assignor, the description of the property, and the terms and conditions of the transaction.
• The testimonium : this shows that all the parties are involved in the execution of the deed.
• Execution : this means signing. The capacity of the parties (either individual, corporate bodies, illiterates) is of great essence in the mode of execution.  It is important to note that the type of parties involved determines how they will sign. Example 2 directors or a director/secretary will sign if a company is involved. In the same way, if an association, couple, individual, illiterate, family land (omonile), firm, unregistered association, etc. is involved the format of signature would be different.
• Attestation : this refers to the witnessing of the execution of the deed by witnesses.

For a Deed of Assignment to be effective, it must include a column for the Governor of the state or a representative of the Government where the property is, to sign/consent to the transaction. By virtue of Sec. 22 of the Land Use Act, and Sec. 10 Land Instrument Registration Law, the Governor must consent to the transaction.

Do you have any further questions? feel free to call Ibejulekkilawyer on 08034869295 or send a mail to [email protected] and we shall respond accordingly.

Disclaimer: The above is for information purposes only and should not be construed as legal advice. Ibejulekkilawyer.com (blog) shall not be liable to any person(s) for any damage or liability arising whatsoever following the reliance of the information contained herein. Consult us or your legal practitioner for legal advice.

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HOW TO PREPARE DEED OF ASSIGNMENT IN LAGOS NIGERIA

A deed of assignment is the legal instrument prepared and drafted by a lawyer of an assignor (seller) or assignee (buyer) upon the negotiation and completion of a sale of the land transaction. It is used to transfer legal title and ownership to land from the assignor to the assignee for a consideration paid and accepted by the assignor.

Deed of assignment is evidenced in writing to be signed, sealed, and delivered by parties to the transaction. A deed of assignment is said to have been delivered when interest has passed and the interest can be passed with or without a physical handover.

Requirements to Prepare a Deed of Assignment In Lagos

There are important information to be requested from parties when preparing a deed of assignment in Lagos, as they would form the particulars contained in a valid deed of assignment that can be enforced by the court.  The same requirements are applicable in other parts of the country. These particulars are as follows;

• Full details of parties to the transaction (names, address, status). the parties must be persons at law, i.e. individuals or corporate entities.
• Nature of assignor’s (vendors) title.
• The full description/particulars of the property with fittings & fixtures where applicable.
• History of the property being transferred from the first time it was acquired to the current time of sale, including documents it previously had to date.
• Details of the document that the property possesses.
• The consideration paid in respect of the property transaction (purchase price) and the willingness of the assignor to accept the price paid for the property.
• The nature of the transaction and the capacity of the assignor (vendor).
• Covenants both parties to the transaction undertake to fulfill to perfect the transfer of the title.
• Signature of the parties and that of the witnesses to the transaction and where either party to the transaction is a company, the common seal of the company will be affixed to the deed and will be signed by two directors or one director and a secretary of the company.
• Survey plan, local authority, and town planning authority of the area.
• Name and address of the Legal practitioner who prepared the deed.
• Illiterate jurat which is to be attested before a Magistrate or Notary Public (this is particularly necessary where either party to the transaction is illiterate).
• Section for the Governor’s consent to be signed by Governor or designated representative of the Governor.

Where the above information has been had and obtained, the deed of assignment is subsequently prepared by the solicitor acting on behalf of the assignee or acting on behalf of both parties to the transaction and copies will be delivered to each party.

Upon payment of the full consideration and due execution of the deed, the assignee is to take steps to register the deed of assignment for the perfection of title at the Land Registry, where the following process will be followed;

• Obtaining Governors Consent upon application and payment of prescribed fees, such as charting fee, application fee, administrative charges, and endorsement fee, etc.
• Stamping of the deed of assignment by the Lagos State Internal Revenue Service (SIRS) where the parties to the transaction are individuals or the Federal Inland Revenue Service (FIRS) where either party to the transaction is a company.
• Registration of the deed of assignment by presenting the deed of assignment to the Lagos State Lands Registry within 60 days of execution of the deed, for registration which subsequently signifies the completion of the registration process.

A deed of assignment which is also called a deed of conveyance in some jurisdictions is a legal document that transfers ownership and interest in land from an assignor to the assignee. It is prepared by a lawyer representing the buyer or representing both parties to the transaction.

A deed of assignment after due execution should be registered with the state government where the land is registered. A registered deed of assignment transfers a legal interest in the property and serves as a good root of title that signifies the transfer of title from one person to another.

By Real Estate Law Team at Resolution Law Firm

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3 Important things you need to know about Deeds of Assignment in Nigeria

Deeds of assignment are an important part of any land transaction in Nigeria. It acts as the main record of the transaction between the Seller and the Buyer. The Deed of Assignment transfers legal ownership of the property to the Buyer. This is distinct from a Contract of Sale, which merely transfers equitable ownership to the buyer.

Where a seller delivers a Deed of Assignment to the Buyer, the law assumes that the purchase price has been paid, and other necessary conditions have been fulfilled by the parties. The Seller cannot later say that he did not receive the purchase price.

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Key elements of A Deed of Assignment

T he property’s legal owner must sign the deeds of assignment.

A Deed of Assignment of Land must be executed by the Legal Owner of the property. Legal title is the actual ownership of the property. Legal title grants true ownership of the property, along with the bundle of rights that comes with land ownership.

A simple search at your state lands registry can help you identify the title holder. We recommend that you do this search as part of your due diligence process. This saves you stress in the future.

To register your title, you must have filed an application for Governor’s Consent with your State Lands Registry. In some situations, a seller may be eligible to apply for a Certificate of Occupancy.

Where a seller has not registered his title with the State Government, he/she can only transfer equitable title to the property. This means that the Legal title still resides in the last person who registered their title with the state.

A Rule of Thumb: If the seller is not the registered title holder, they cannot sign the Deed of Assignment

You must do your due diligence beforehand

Generally, the law expects a buyer to physically inspect the property he wants to purchase. He should also verify the title documents. A seller can only transfer his/her rights to the buyer. This means that if there are any limitations to their rights, those limitations will be passed on to the buyer. This can be quite infuriating.

This process should tell you whether you are buying the land from the right person, if there is any encumbrance on the land (such as an unpaid mortgage) or whether the land is suitable for your purposes. Facts discovered during the search process may affect your negotiations with the seller.

Recitals are Important

Recitals can make or break your Deeds of Assignment. This is because the root of title has to be clearly outlined and traceable within the recital. You must always ensure that there are no gaps in the chain of title between past owners of that property and the seller. Furthermore, any errors in your recital may lead to lengthy and costly litigation in the future. You could also experience immense frustration when trying to register your title with the government.

There is a widely-held perception that the recitals are legally inconsequential, since their role is fundamentally ‘scene-setting’ in nature and they do not automatically form part of the operative, legally binding agreement between the contracting parties. However, when a dispute arises and a court or arbitrator has to decipher the contract, the recitals may aid interpretation. They are, after all, clearly a part of the written contract in some way or other.

Milton & Cross Solicitors provides transaction advisory, due diligence and contract drafting services to individuals and businesses. We are always happy to assist you in coordinating and negotiating effective Deeds of Assignment.

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Deed of assignment

Why do we collect a certificate after graduating from a school? Why collect a receipt after a purchase? All these documents likewise deed of assignment for land are all super important because they serve as legal proof .   Deed of assignment is one of the very important land documents to acquire if ownership of land is to be authentic. 

To not collect a deed of assignment for the property purchased from the buyer is tantamount to throwing your money in the ocean and hoping the waves won’t carry it away. In case of litigation, t he deed of assignment contains important information concerning the real estate transaction.

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As a savvy buyer, don’t ever buy a land without the knowledge of a solicitor and the presence of relevant  documents of land ownership in Nigeria  like  Certificate Of Occupancy , Deed Of Assignment or  Survey plan . Due to an increase in real estate scam by omonile and fraudsters, it is important not to rush the buying process.

What is a deed of assignment ?

A Deed of assignment is a   legal document  which serves as a proof that the property purchased will be transferred to the buyer on a defined date by the rightful owner.

The deed of assignment for land has to be recorded in the land registry to show legal proof and to bring to the notice of everyone that the property has been transferred from the seller to the buyer.

Never accept a receipt for the property bought has an evidence of ownership because it is the same thing has fetching water with a basket.  The seller who transfers his rights to that property is usually called the assignor and the person who receives such right from the seller is called the assignee .

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Difference between deed of assignment and deed of conveyance

The significant difference is that a deed of Conveyance  can transfer the legal title of the property’s ownership from one individual to another in the form of a mortgage, gift or other real estate transactions while a deed of assignment is primarily based on transferring ownership through sales from one person to another.

Deed of assignment format

Deed of assignment format in Nigeria  must follow this  particular order listed below:

The cover page

The cover page of the deed of assignment must show both parties involved in the transaction( assignor and the assignee )and the description of the land sold.

The second page

The second page of the deed of assignment must contain the parties to the real estate transaction and the brief history of how the land became the Seller’s property.

The third page

The third page of the deed of assignment must contain the description of the land to be sold, the surveyor that carried out the survey, the cost of the land, the acceptance of the cost of the land and the promises both parties will make to themselves to abide with after the deal has been sealed.

The final page

The final page of the deed of assignment must show the signatures of the parties and the witnesses to that transaction and finally below, the section for the commissioner of oaths to endorse or the governor to assent his consent to this transaction.

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Components of a deed of assignment

Deed of assignment must include: names of the people involved in the agreement, the origin and history of the land in relation to the transfer of ownership from the specified period it was obtained until the present day of sale, addresses of both parties involved in the transaction ,successors, representatives , description and size of the land to be transferred, the signature of the parties to the assignment and witnesses to the transaction and space for signature of the commissioner of oaths or governor’s consent .

All the above features are the important component of a deed of assignment and must be included in the documents for it to be valid. The deed of assignment can be in the form of a governor’s consent or registered conveyance .

However, ensure you consult a  lawyer before you buy a land to help you draw up a deed of assignment. It will be a grave mistake not to seek a lawyer’s counsel about the deed of assignment so you don’t get scammed of your money .

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HOW DO I GET A DEED OF ASSIGNMENT FROM A LAWYER IN NIGERIA

A Deed of Assignment is a very important legal title document that is used to record a sale of land.

1/3/2024 3 min read

Quality, not quantity

We have made quality our habit. It’s not something that we just strive for – we live by this principle every day.

First all, we will start by defining what a deed of assignment is all about.

A Deed of Assignment is a very important legal title document that is used to record a sale of land. Also, it transfers interest and title in real property from one party to another, starting from the commencement date stated in the document. In order words, a deed of assignment is an agreement where an assignor assigns his or her ownership in land or property to an assignee. The state within Nigeria where the property is being transacted usually determines whether the deed of the assignment will be the appropriate property transfer agreement to be drafted or deed of conveyance. The deed gives a specific description of the property that is included in the transfer of ownership, consideration and other covenants between parties.

Majorly the function of deed of assignment is to transfer an interest in or assign the title of property from a seller (an assignor) to a new buyer (the Assignee). The deed of assignment must include certain important information to be requested from parties when preparing a deed of assignment, as they would form the particulars contained in a valid deed of assignment that can be enforced by the court. These information are as follows;

Particulars of parties to the transaction (names, address, status). the parties must be persons at law, i.e. individuals or corporate entities.

Day on which they transferred the property from the vendor to the buyer.

Nature of assignor’s (vendors) title.

The fall description/particulars of the property with fittings & fixtures of the property where applicable.

History of the property being transferred from the first time it was obtained to the current time of sale, including all the documents it previously had to date.

Details about a verifiable document the property bears.

The consideration paid in respect of the property transaction (purchase price) and the willingness of the assignor to accept the price paid for the property.

The nature of the transaction and the capacity of the assignor (vendor).

Covenants both parties to the transaction undertake to fulfill to perfect the transfer of the title.

Signature of the parties and that of the witnesses to the transaction and where either party to the transaction is a company, the common seal of the company will be affixed to the deed and will be signed by two directors or one director and a secretary of the company.Survey plan, local authority, and town planning authority of the area.

Name and address of the Legal practitioner who prepared the deed.

Illiterate jurat which is to be attested before a Magistrate or Notary Public (this is particularly necessary where either party to the transaction is illiterate).

Section for the Governor’s consent to be signed by the Governor or designated representative of the Governor.

WHY IS THE DEED OF ASSIGNMENT IMPORTANT

If you want to buy land, it’s essential to always discuss issues like this with your lawyer for clarifications, especially if you want to buy land. A deed’s purpose is to transfer legal ownership of a property or asset from one person or corporation to another.

FOR TRANSFERRING LAND TO THE OTHER PARTY BEFORE IT EXPIRES

This covers both the essential conditions as well as the specific terms that the parties to the transaction have agreed upon. To guarantee that a deed of assignment appropriately represents the interests of all parties involved in the transaction, a real estate attorney should draft it. The deed of assignment is drafted by the assignee's lawyer, is approved by the assignor, and is then executed (vendor). If the property is a part of an estate, the assignor's lawyer may prepare the deed for review by the assignee's lawyer.

IT ACTS AS VALID ROOT OF TITLE TO THE PROPERTY

A deed of assignment is also important since it serves as a valid root of title to the land.It serves as valid evidence of transfer, particularly when the legitimacy of the land is disputed or a third party attempts to claim ownership of the same land.

WHO SIGNS A DEED OF ASSIGNMENT

The assignor and the assignee(s) must both sign the deed, and they must tick the corresponding box (or boxes) for each signature. However, if there is a joint tenancy and two people own the policy. Therefore, both policyholders must act as assignors.

WHO PREPARES THE DEED OF ASSIGNMENT IN NIGERIA

Knowing who is responsible for creating the deed of assignment will help you prevent any misunderstandings along the road. The deed of assignment is drafted by the assignee's attorney, who then gives it to the assignor (vendor) for approval and execution. The assignor's attorney may prepare the deed for the assignee's attorney to review if the property is a part of an estate.

NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact [email protected]

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