deed of assignment vs c of o

Deed of Assignment: Everything You Need to Know

A deed of assignment refers to a legal document that records the transfer of ownership of a real estate property from one party to another. 3 min read updated on January 01, 2024

Updated October 8,2020:

A deed of assignment refers to a legal document that records the transfer of ownership of a real estate property from one party to another. It states that a specific piece of property will belong to the assignee and no longer belong to the assignor starting from a specified date. In order to be valid, a deed of assignment must contain certain types of information and meet a number of requirements.

What Is an Assignment?

An assignment is similar to an outright transfer, but it is slightly different. It takes place when one of two parties who have entered into a contract decides to transfer all of his or her rights and obligations to a third party and completely remove himself or herself from the contract.

Also called the assignee, the third party effectively replaces the former contracting party and consequently assumes all of his or her rights and obligations. Unless it is stated in the original contract, both parties to the initial contract are typically required to express approval of an assignment before it can occur. When you sell a piece of property, you are making an assignment of it to the buyer through the paperwork you sign at closing.

What Is a Deed of Assignment?

A deed of assignment refers to a legal document that facilitates the legal transfer of ownership of real estate property. It is an important document that must be securely stored at all times, especially in the case of real estate.

In general, this document can be described as a document that is drafted and signed to promise or guarantee the transfer of ownership of a real estate property on a specified date. In other words, it serves as the evidence of the transfer of ownership of the property, with the stipulation that there is a certain timeframe in which actual ownership will begin.

The deed of assignment is the main document between the seller and buyer that proves ownership in favor of the seller. The party who is transferring his or her rights to the property is known as the “assignor,” while the party who is receiving the rights is called the “assignee.”

A deed of assignment is required in many different situations, the most common of which is the transfer of ownership of a property. For example, a developer of a new house has to sign a deed of assignment with a buyer, stating that the house will belong to him or her on a certain date. Nevertheless, the buyer may want to sell the house to someone else in the future, which will also require the signing of a deed of assignment.

This document is necessary because it serves as a temporary title deed in the event that the actual title deed for the house has not been issued. For every piece of property that will be sold before the issuance of a title deed, a deed of assignment will be required.

Requirements for a Deed of Assignment

In order to be legally enforceable, an absolute sale deed must provide a clear description of the property being transferred, such as its address or other information that distinguishes it from other properties. In addition, it must clearly identify the buyer and seller and state the date when the transfer will become legally effective, the purchase price, and other relevant information.

In today's real estate transactions, contracting parties usually use an ancillary real estate sale contract in an attempt to cram all the required information into a deed. Nonetheless, the information found in the contract must be referenced by the deed.

Information to Include in a Deed of Assignment

Names of parties to the agreement
Addresses of the parties and how they are binding on the parties' successors, friends, and other people who represent them in any capacity
History of the property being transferred, from the time it was first acquired to the time it is about to be sold
Agreed price of the property
Size and description of the property
Promises or covenants the parties will undertake to execute the deed
Signatures of the parties
Section for the Governors Consent or Commissioner of Oaths to sign and verify the agreement

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Deed of Assignment (for Intellectual Property)

In the realm of intellectual property, a Deed of Assignment is a formal legal document used to transfer all rights, title, and interest in intellectual property from the assignor (original owner) to the assignee (new owner). This is crucial for the correct transfer of patents, copyrights, trademarks, and other IP rights. The deed typically requires specific legal formalities, sometimes notarization, to ensure it is legally enforceable.

To be legally effective a deed of assignment must contain:

Title of the Document : It should clearly be labeled as a "Deed of Assignment" to identify the nature of the document.
Date : The date on which the deed is executed should be clearly mentioned.
Parties Involved : Full names and addresses of both the assignor (the party transferring the rights) and the assignee (the party receiving the rights). This identifies the parties to the agreement.
Recitals : This section provides the background of the transaction. It typically includes details about the ownership of the assignor and the intention behind the assignment.
Definition and Interpretation : Any terms used within the deed that have specific meanings should be clearly defined in this section.
Description of the Property or Rights : A detailed description of the property or rights being assigned. For intellectual property, this would include details like patent numbers, trademark registrations , or descriptions of the copyrighted material.
Terms of Assignment : This should include the extent of the rights being transferred, any conditions or limitations on the assignment, and any obligations the assignor or assignee must fulfill as part of the agreement.
Warranties and Representations : The assignor typically makes certain warranties regarding their ownership of the property and the absence of encumbrances or third-party claims against it.
Governing Law : The deed should specify which jurisdiction's laws govern the interpretation and enforcement of the agreement.
Execution and Witnesses : The deed must be signed by both parties, and depending on jurisdictional requirements, it may also need to be witnessed and possibly notarized.
Schedules or Annexures : If there are detailed lists or descriptions (like a list of patent numbers or property descriptions), these are often attached as schedules to the main body of the deed.

Letter of Assignment (for Trademarks and Patents)

This is a less formal document compared to the Deed of Assignment and is often used to record the assignment of rights or licensing of intellectual property on a temporary or limited basis. While it can outline the terms of the assignment, it may not be sufficient for the full transfer of legal title of IP rights. It's more commonly used in situations like assigning the rights to use a copyrighted work or a trademark license.

For example, company X allows company Y to use their trademark for specific products in a specific country for a specific period.

At the same time, company X can use a Letter of Assignment to transfer a trademark to someone. In this case, it will be similar to the Deed of Assignment.

Intellectual Property Sales Agreement

An IP Sales Agreement is a detailed contract that stipulates the terms and conditions of the sale of intellectual property. It covers aspects such as the specific rights being sold, payment terms, warranties regarding the ownership and validity of the IP, and any limitations or conditions on the use of the IP. This document is essential in transactions involving the sale of IP assets.

However, clients usually prefer to keep this document confidential and prepare special deeds of assignment or letter of assignment for different countries.

IP Transfer Declaration

In the context of intellectual property, a Declaration is often used to assert ownership or the originality of an IP asset. For example, inventors may use declarations in patent applications to declare their invention is original, or authors may use it to assert copyright ownership. It's a formal statement, sometimes required by IP offices or courts.

When assigning a trademark, the Declaration can be a valid document to function as a proof of the transfer. For example, a director of company X declares that the company had sold its Intellectual Property to company Y.

Merger Document

When companies or entities with significant IP assets merge, an IP Merger Document is used. This document outlines how the intellectual property owned by the merging entities will be combined or managed. It includes details about the transfer, integration, or handling of patents, copyrights, trademarks, and any other intellectual property affected by the merger.

In all these cases, the precise drafting of documents is critical to ensure that IP rights are adequately protected and transferred. Legal advice is often necessary to navigate the complexities of intellectual property laws.

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DIFFERENCE BETWEEN A C of O (CERTIFICATE OF OCCUPANCY) AND GOVERNOR’S CONSENT (REGISTERED DEED OF ASSIGNMENT)

In one of our previous articles Land titles , we highlighted some of the titles that cover landed properties/ real estate assets in Nigeria,. In this article, we would be focusing on two of the most popular land tiles most Nigerians are familiar with, either by handling or just hearing about them. We would explain in details what each of the title documents is, what they are not and also share images, as well as describing the differences between these two title documents.

WHAT IS A C of O (CERTIFICATE OF OCCUPANCY?)

A Certificate of Occupancy is an authorization document issued by the State Governor/Government (as the case in Nigeria) to an individual, groups of individuals or an entity conferring the right of occupancy of a particular property clearly defined by its location size and a term of 99 years.

WHO CAN ISSUE A CERTIFICATE OF OCCUPANCY?

The Land Use Act of 1978 unified the land tenure system in Nigeria and empowers by virtue of Section 9(1) the Governor of every state in Nigeria (the Minister of FCT for Abuja) to issue a Certificate of Occupancy under his hand in evidence of a right of occupancy. Hence, it is important to state that only the serving/incumbent State Governor can issue this certificate having acted in line with Sections 5, 9 and 10 of the Land Use Act of 1978, which confers the power and dominion of state land into the hands of the State governor.

WHO CAN BE ISSUED A CERTIFICATE OF OCCUPANCY?

The Constitution of Nigeria provides that every citizen of Nigeria has a right to acquire and own immovable property in Nigeria. There is no discrimination in terms of sex, name, ethnicity, and religion on issuance of this certificate to any person(s) provided the applicant meets the requirement. For anyone to be issued with a certificate of occupancy such a person must apply through the lands bureau of the state and proper documentations must be filed, screened, survey plan submitted, before the lands bureau would make recommendations to the Governor to sign the Certificate of Occupancy. Application is not automatic, as applicant must meet requirement before being entitled to the issuance

UNDER WHAT GRANT CAN A CERTIFICATE OF OCCUPANCY BE ISSUED?

The Land Use Act does not nullify any interest in the land prior to the Act. Under the Land Use Act 1978, there are two types of rights of occupancy recognized by the Act. These comprises Statutory right of occupancy and Customary right of occupancy. Both Statutory right of occupancy and Customary right of occupancy are of two classifications. The first is the Statutory right of occupancy granted by the State Governor pursuant to Section 5(1). The second classification is the Statutory right of occupancy deemed to have been granted by the State Governor pursuant to Section 34(2) In both cases of Statutory and Customary rights of occupancy, therefore, there exist an actual grant as well as a deemed grant.

ON WHICH LAND CAN A C of O BE ISSUED?

It must be emphasized without equivocation that no land can have two Certificates of Occupancy. If there exist two on a single land, one must be a fake document or issued in error due to deception of the government. We have seen circumstances like this before, which were settled in the court

A certificate of Occupancy after the 1978 Land Use Act should be the first document to be issued on a land that has never been registered at the lands registry, whether developed, brown field or green field. i.e there is no document on the land traceable to the land registry. Such land must be charted at the office of the Surveyor General of the state and Surveyor General of the federation (on federal land) to determine:

If it is free from Government Acquisition
If it is under acquisition is it committed or ratiafiable?

If the land is free from acquisition or falls under ratifiable land, the beneficiary of the land/applicant for the Certificate of Occupancy can then apply formally to the state Government, submitting requisite documents, and pay government fees for the issuance of the C of O on the unregistered land.

If the land is under government acquisition and also committed (non ratifiable) such applicant will not be issued a C of O

Note: C of O would only be issued if there is no record with the land registry about the land and no form of title has ever been issued Land Certificate, Conveyance or C of O on that particular land before the present application.

CAN A C OF O BE VOIDED, REVOKED AND CANCELLED?

The Land Use Act that states how the C of O can be granted also provides grounds under which the C of O can be revoked. The Certificate of Occupancy would clearly state the terms and conditions of the grant and where the holder of such certificate of occupancy fails to comply with the stated terms, the certificate of occupancy could be revoked or the holder may be penalized. Under Section 28 of the Land Use Act, the power of revocation of a right of occupancy is provided

There is a caveat in the C of O about the root of title. If after issuing the C of O, the root of title is found to be defective, the C of O can become null and void. Similarly, there are decided cases against an existing C of O where it was established that the root of obtaining the C of O were defective. One of such is JOSHUA OGUNLEYE v. BABATAYO ONI which was resolved in the Supreme Court., despite the plaintiff having a C of O; he still lost the land due to defective root of title.

WITH A C OF O, AM I THE OWNER OF THE LAND IN PERPETUITY?

It is important to state unequivocally that the concept of ownership of the land in absoluteness does not apply to land in Nigeria anymore since the commencement of the Land Use Act. For you to sell any land from 1978 to date, you require the consent of the Governor of that state. Hence, you do not own the land in perpetuity. In fact what you given is the statutory right to occupy and use subject land the specific use the Governor says you can use the land for. A certificate of occupancy is granted for a term of 99 years and can be renewed if the Governor wishes after expiration. Unlike your car and your other no real estate assets that you can dispose as you so wish without the consent of anyone, the reverse is the case for land, as ownership is vested into the state Governor .

WHAT HAPPENS AFTER 99 YEARS LEASE STATED IN THE C OF O EXPIRES?

This is another question many would have at the back of their minds in view of the fact that the C of O confirms the Governor as the perpetual owner of the land, while the holder of the C of O is an occupier for 99 years only.

Simple answer is that, the incumbent governor at the time of expiration can either renew the lease for another 99 years in consideration for payment or decide not to.

IF I HAVE A DEED OF ASSIGNMENT, DO I STILL NEED TO APPLY FOR A C OF O?

It depends entirely on the status of your deed of assignment. A deed of assignment that is executed by parties in the agreement needs to be registered. A registered deed of assignment is what is known in Nigeria as ‘Governor’s Consent’

As posited in this article, landed property is different from any other kind of asset that can be alienated at the discretion of the owner. In a case of land, no one can sell land, mortgage, transfer possession, sub-lease, or otherwise without the consent of the Governor. Hence, after selling a land, a deed of assignment is executed between the buyer (assignee) and the seller (assignor). The buyer must now take a step further by registering the assignment for it to be known as Governor’s Consent or registered Deed of Assignment.

In response to the question on whether a C of O is required. A registered Deed of Assignment or Governor’s Consent would most likely derive its title from an existing C of O, through an assignment. Hence, a Certificate of Occupancy will not be issued to a holder of a Governor’s Consent on the same land.

In a situation where your deed of assignment is not registered at the land registry, it is the root of title of the assignor that would determine whether you are to be given a fresh C of O or you would only be required to register the deed of assignment. This is further explained below

WHAT IS GOVERNOR’S CONSENT (REGISTERED DEED OF ASSIGNMENT?)

We are used to the term ‘Governor’s Consent’ and not many understand what it means. At times you ask people for the title document covering a land and you hear responses like ‘the property has a ‘Governor’s Consent’ as if ‘Governor’s Consent’ is a document like a C of O is.

For education, ‘Governor’s Consent’ is an action by the governor or his appointee consenting to a land transaction on a deed of assignment executed between an assignor and assignee through appending of signature on the executed document.

Unlike a C of O which is a document produced by the government and personally signed by the governor him/herself conferring right of occupancy unto the holder for 99 years, Governor’s Consent is appended on a page in a deed of assignment that is submitted by the assignee to the government informing the government that a transaction has taken place and they require the consent of the Governor for the transaction to be valid as required by the Land Use Act.

The consent of the Governor appended on the deed of assignment does not confer o n the beneficiary a fresh term, as the C of O does. It only affirms the transaction and the unexpired term stated in the C of O is still maintained.

The below table explains more

This article expresses a personal opinion as well as the view of others pertaining to some of the challenges in Nigeria’s housing sector, and does not in anyway substitute for such professional advice or services and it should not be acted on or relied upon or used as a basis for any decision or action that may affect you or your business, without consulting a qualified real estate Advisor .

Ademola ladega (anivs, rsv mnim, fimc) is the managing partner of aol consult ( www.aolmanagementconsult.com.ng ) he is a highly experienced real estate consultant with field/practical experience spanning over 9 years, having previously worked at ismail and partners, where he contributed a great deal to the success of the firm and rose to the position of the head of valuation and senior associate , mr ladega has extensive experience of providing valuation services in nigeria to large public and private companies in many sectors including utilities, banking, insurance, financial services, agro-industrial, shipping, commercial and trading sectors. as well as experience in reporting in accordance with the regulatory requirements of nigeria, in full compliance with esvarbon nigeria valuation standards (green book) 2018 ipsas, ifrs, rics, and ivs, 49 comments.

If a land under federal government acquisition was allocated to someone and the person got a C of O, the government later came destroyed buildings, but presently the land is occupied by someone else, what can the person who built on the land with C of O do?

Can the Governor refuse to renew after 99 yrs? What hapens if he refuses, what happens to the development on the land?

Hello Enajedu.

Yes, A governor can refuse to renew your Certificate of Occupancy upon expiration after the initial 99 years. Unfortunately, there is nothing you can do. The situation can be likened to when your landlord says he’s not renewing your rent after allowing you to use the property for the period you both agreed in the tenancy agreement. You can’t do anything to your landlord, except you go to court just to buy time.

This situation is different from when your C of O has not expired and the government want to compulsorily acquire the land for overriding public interest. In this case, you may be entitled to compensation. But if they have allowed you to stay for the term 99 years in the C of O, you can only appeal to them to renew and you’ll have to pay as if you are buying afresh.

Hope this is clear

Hello Jibike. This is a complicated situation.

Firstly, the issue of revocation of the C of O is very clear as stated in sections 28 and 29 of the Land Use Act. The government can only revoke if the land is overriding public interest. What this means is that, the government may want to use your land for public hospital, school, field etc anything that would benefit the public. Hence, if they must acquire a land with C of O they can not sell to another person, because that person is not a public institution but a private person like you. Hence, such revocation can be challenged in the court.

Secondly, except if you illegally obtained the C of O. Yes, there are instances where people illegally obtained the C of O by flying Coordinates on the survey plan to deceive the surveyor General of the federation to recommend issuance of C of O to you. If after getting a C of O on government acquired land, it was found that you presented false information, the C of O becomes void and you are not entitled to compensation. Then the government can allocate the land to another person legally.

But if you didn’t do any wrong, they can not revoke your C of o and allocate one to another private person

Hello, I need help, i just bought a land in port harcourt and was given a deed of conveyance, do i still need a certificate of occupancy? I also want to know how can can obtain a building permit and also do i need a fencing permit to fence the land. I just need steps of what to do because I am confused

Kindly send us a mail

Hello Kingsley. If the property has a registered title already before your acquisition, what you would most likely be needing is a governor’s consent on the deed of assignment to be created between you and the seller.

In line with Town Planning laws, before you can commence any improvement on a land in any state, you need to obtain approval from the Ministry of Physical planning in that state

Hello please I want to know ,where a deed of assignment is issued which is a customary right of occupancy and you want to ensure that it is registered where can it be registered to obtain a Certificate of occupancy since the land is located in the rural areas ,and what are the procedures to be followed.

Hello Abigail.

it depends on the state and the title you presently have in your possession.

We would be glad to assist you further if we have full details

Send an email to [email protected]

Like the C of O which has a time limit of 99 years, does governor’s consent expire as well?

Hello Favour

Yes the Governor’s Consent also expires as it is the same 99 years in the C of O that’s being transferred in order to obtain a Governor’s Consent.

Mr A has a C of O for 99 years starting from 1970.

Then in year 2020, MR A sells to MR B.

Mr B would need a Governor’s Consent to validate that transaction. Remember the 99 years started in 1970. Hence 1970-2020 is 50 years.

The remainder is 99-50=49 years.

Hence both the C of O and the Governor’s Consent will expire in 49 year’s time

I think you are assuming that everyland has a C of O. In a Situation where Land has been excised to a particular family and one obtains a governors consent following transfer of same, is there a 99 year clause behind it… the land was not excised to the family for 99 years was it?

Hello. By default and even based on the fee simple estate, all land belongs to government in perpetuity and not to any family. Even if the land has been excised to the family, as far back as 1930, it is subject to the 99 years term. Whether Oniru Family, Eleguishi Family, Lafiaji etc, they are termed based on 99 years lease, in which the land would by default revert to the government

Mr A bought a land from the Family and didn’t register it , he is now selling to Mr B. What instrument would be drafted here? Is it a deed of assignment or an agreement for sale of land?

I want to know if it is only a land covered with C of O you alienate through deed of assignment or both land with C of O and land that has never been registered at all. Thanks

Dear Adepeju.

You use a deed of assignment to alienate all land. The deed is like a receipt of sale/contract of sale. Hence, whether land with registered title or unregistered title, you can use a deed of assignment of a contract of sale agreement.

I am interested in purchasing a piece of land the seller(a company) has provided a government gazette and a survey plan at proof of ownership of the property. Which of these documents should l verify from the government offices?

The gazette

Under what circumstances is the consent of the governor not required to transfer the right of occupancy

By virtue of the the Land Use Act, all landed properties transaction requires the consent of the governor before alienation

Let’s say that the oniru family did not register with the government to obtain the C of O, can a person who bought a land from them get a C of O or a governor’s consent?

Yes You can.

The government control all land in the state. So land that probably ‘belong’ to a family, with no registered title can be registered at any time in order to obtain a Certificate of Occupancy

Do I need to make any payments in order to verify any land against government acquisition?

Yes, you need to pay at the Land registry

The explanation above is well understood but I also have a question, I have a brief for sale that possess a registered deed of assignment, also known as governors consent, red copy registered survey and family receipt. Is it possible there is no CofO for this property?

Hello Quwamudeen.

Since you have a registred deed, it means there is a C of O. The Governor’s consent, derived its title from a C of O

Hello Aolconsult, Happy new year to you, thanks for the lecture, I will like to know on what basis is the renewal of C of O denied by the Government?

Secondly, would you say buying and building in an estate is better to avoid building in an area that might be used for “Public Interest” and to make your renewal easy after expiration?

Thanks in anticipation.

By Estate, what do you mean?

Do you mean Government Estate? Or private Estate?

Not, there’s no land anywhere in any state that Government can’t takeover.

In fact even in Government Estates like Magodo, Lekki Phase 1, Ogudu GRA, government can take land from anyone.

So, you’re not safe anywhere.

But for Government to takeover land, there must be strong reasons, otherwise, you can sue the Government.

See Magodo situation.

It was Military Government that took the land. Judgement was given under Fashola, while enforcement is taking place under Sanwoolu

Thanks in anticipation of your reply

On what basis other than “Overriding Public Interest” will the C of O not be approved for renewal?

So many situations can warrant such.

1. Fraud 2. Illegal activity on the land, like this illegal refinery issue 3. If property is used for kidnapping 4. Mostly crime related would make the government takeover the land or for instance where a building collapses, Government takeover

What should I do when the assignor did not transfer the ownership of a land title document(deed of Conveyance) to the assignee? Now the assignee wants to sell the same property. Pls enlighten

One of the options available is to go back to the first assignor with the consent of the second assignor(assignee) so he can sign for you as if he’s selling the property to you afresh.

Here’s it.

Mr A has a property with C of O Mr A sells to Mr B, Mr B did not register his title. If Mr B now sells to Mr C, he would have to first register Mr B’s title before he, Mr C can register his own title, which is called double consent.

To avoid that, Mr C can with the consent of Mr B, approach Mr A directly to sign for him

Good morning

aolmanagementconsult, I love your platform, But i want to ask a question.

If one buys a land from a person who has only a family receipt as his title, But the subsequent buyer has a Deed of Assignment with the buyer who bought directly from the family and the original copy of the family receipt bearing the name of the seller is also given to the buyer.

How can that Buyer perfect his title or Register the Deed.

The best option

Former buyer should take new buyer to the family, pay them some money because I know they dont do deed of assignment for free. Let family act as if they are the one now selling to new buyer, sign deed for him and get a new receipt for him.

Then do a survey plan, attach and take all documents to Land registry in Alausa in Lagos, to commence registration.

Is certificate of occupany a registrable instrument

For a document to be called certificate of occupancy, it simply means it has been registred

Pls can C ofO be issued on an empty land cos I just got one and the land surveyor says it only when there is a structure on it before I can go for c of o pls clear me, sir, how true it is thanks

Yes, a C of O can be issued on a vacant land

Good morning,

My father bought a land many years ago after acquiring all the papers and licences to get his C of O he was sent a letter of approval for the C of O but he died few months after, is it possible for us his children to get the C of O without any hitch?

Yes, it is 100% possible

Thank you for taking time to explain this subject. What difference or similarities exist between deed of lease and deed of assignment, and deed of conveyance

They’re all similar and can be used interchangeably.

However, deed of lease is mostly for a lease for specific period, just like landlord renting a land to the tenant for a period more than 5 years. In that case, a deed of lease is prepared instead of tenancy agreement

I bought land for my sister the land has c of o what do I need to do

Is the C of O in the name of your sister or in the name of the seller?

If in the name of seller, you need to get a deed of assignment prepared between your sister and the seller, then proceed to the land registry to obtain governor’s consent

Please i need help. Can a house with a deed of assignment but no governor’s consent be mortgage if the governor’s consent is in view?

Hello Yvonne.

It depends entirely on the Bank or Mortgage institution you’re dealing with.

Some will accept and give you the loan, while some would insist that you complete the process and give them a registered title before they can give you loan.

But you can approach them

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Governor’s Consent finally explained in a Simple manner and Why you must register a Governor’s consent

By omonile lawyer | october 10, 2014 | 33,400 | 35.

So many Academicians, Lawyers and Intellectuals have tried to define what a Governor’s Consent is and they end up confusing simple minded men like me with their Big Big Grammar, so am going to attempt to do the impossible by breaking its meaning down and how it operates under the law.

A simple formula to follow is this. The first person on a Virgin Land that has neither been occupied by another person nor under acquisition by the Government is entitled to get a Certificate of Occupancy on that land.

If that person with the C of O decides to sell his land to another person after so many years, that person must now obtain the Consent of the Governor before that transaction can be deemed legal in the eyes of the Government . If the new buyer now decides to sell the land again to a third owner in future, that Third owner must also obtain a new Consent of the Governor before that transaction can be deemed legal in the eyes of the Government and the process continues every time the property changes hands to a new buyer.

In other words, the first person on a land is the only person or group of persons entitled to obtain a Certificate of Occupancy. Every subsequent buyer of that land must get a Governor’s consent. There can only be one (1) Owner of the Certificate of Occupancy on that Land and it will not be replicated for another person once the land has been sold or transferred to another person.

The powers of the Governor to Consent to such transactions can be found in Section 22. Of the LAND USE ACT 1978 as amended which states thus:

“It shall not be lawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise howsoever without the consent of the Governor first had and obtained”

With this power, the Governor has the right to grant consent to any transaction which it thinks has not contravened any Law of the land and if the consent has been obtained fraudulently, the Governor is entitled to revoke such consent immediately.

It is very important for a purchaser of land to perfect his or her document by obtaining a Governors consent so as to have a complete rest of mind. Although its good to buy a land that already has a Global C of O or the Land has a Gazette, it still doesn’t give you the full satisfaction that you own the land without any form of fear or intrusion by the Omoniles . Your documents have not been perfected and the consent of the Governor to that transaction has not been obtained.

It’s because of this situation whereby the Omoniles know that purchasers of land do not want to spend money to get their Governors Consent that they will begin to resell people’s lands to multiple buyers because they know it’s only the purchaser that perfects his title by obtaining the Governors consent that can lay claim to that land validly in the eyes of the law.

That’s why I encourage people who buy lands to immediately start the process of obtaining Governors consent after they have bought a land and a Deed of Assignment has been drawn up. Delay has been shown to be very fatal and we should learn from the past experiences of others who have fallen victim to this situation.

Disadvantages and Problems of Getting a Governors Consent

Obtaining a Governors Consent from the Land Bureau isn’t the easiest thing to get quickly despite the importance attached to it and urgency needed to secure a land from Omoniles.

On the Government website, it is stated that a Governors Consent can be obtained in 30 days but that has proven to be very untrue due to unscrupulous civil servants who would do everything to frustrate the process of obtaining the document without giving them huge kickbacks.

A Governors consent that should cost N200,000 naturally could end up costing N600,000 Due to kickbacks, Egunje, Bribes, P.R etc and that 30 days could translate to 6months or a Year depending on how you sort your P.R well.

All in all, a Governors Consent is a very good document to obtain and I advise you to get it so as to free yourself from Omoniles 100%. An advantage of having a Governor’s consent is that you can transfer your land to another person without going to the Omoniles or Family Baale to sign your deed and Form 1c which are compulsory requirements needed before you can process a Governors consent.

The Omoniles pray seriously for the Owner not to have a Governors consent so that they can make a lot of money running into their Thousands when ever the Owner require the signatures of the family to start the Governors consent.

It’s even very tough now for Land Buyers because a major requirement by the government now is that you must Obtain a Governors consent before you obtain a building plan approval. If it takes 6months to a year before they get their Consent. When will the person now get his approval?

Stepping aside the criticism of those in charge of processing the C of O, You should try as much as possible to get a Governors Consent for all your genuine lands so as to eliminate Omoniles completely and live a straight forward life devoid of Omonile wahala.

The Features of Governors Consent must contain the Following

1. The Form 1c must be signed by the Omonile traditional Family that has either a Gazette or Global C/O or in the case of an Individual that has a private C of O granted to him by the Governor

This Form 1 C is a prelude to registering a Governors Consent. It must be signed in the prescence of a Lawyer so as to guide both you and the seller unless any slightest error on the form will be queried

2. A Deed of Assignment must be prepared by the Buyers lawyer who must include the parties to the transaction, the cost of the land, size of the land description of the land, the copy of the survey attached to it and signature of all the parties and witnesses to the transaction.

Cover of the deed must have the names of the parties to the transaction and the name of the lawyer that drafted the deed of assignment with his signature

These pages will be heavily stamped and signed

3. The Consent will be heavily stamped from the beginning to the end and upon completion and payment of the requisite fees, the Governor or his representatives such as the Commissioners will sign and date the Consent and stamp it with their official Seal.

The Governor or commissioner's seal will be inserted and he or she will sign and state the date the Consent was granted. It should also include the signatures if the parties of the transaction

4. The land bureau after that will assign a Consent number to that document for reference purpose for life and its with this Consent number, your documents will be registered and recorded in their archives for future references.

The Consent number will be stamped and written so that it will be recorded for future purpose. Without this number, the Governors consent is a fake or does not exist

Always contact your property Lawyer experienced in property Law to guide you on obtaining a Governors Consent.

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WRITTEN BY: Omonile Lawyer

Barrister Matthew Ottah helps Nigerians avoid being scammed in real estate deals. He once lost a large sum of money to land fraudsters 'Omoniles' when he was still naive about land matters. Now, he's out on a personal vengeful mission to expose Land scam artists in the Nigerian real estate sector and protect your hard earned money.

Hey, I'm the Omonile Lawyer. Do you want expert verification on that new land? Contact me now!

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35 comments.

Habiba Usman

Thank you Barrister Matthew

olalekan alausa

I live on a plot of land somewhere in Ipaja-Ayobo Local Council Development Area. The Land was gazetted by the Lagos State Government in the year 2010 with the Omo onile name therein. Do I still go for C of O or I go for Governor’s Consent? Thanking you.

Matthew Ottah

A consent because it now has a gazette

iwant to buy a land with a land information certifcate and gazette in itoikin EPE road, is those area safe to buy land ? Thanks in adavance

You must do a search first before you can determine if the area is safe

Good day Barrister have being going through the advice you being giving to people about there property so as not to be scammed of there effort , all i want to say is thanks alot.sir i bought a land in ogun state and have a commercial building on it about to be completed and now i want to get the government consent on this property how can i go about it?thanking you for your candid advice

A big thank for great information shared. This is one information that lawyers fail to clarify to lame men because they want to estort from the public. The truth is when explained, the expertise of a good lawyer can never be ignored in this context. Thanks a million.

Atolagbe Shola

I like to thank God for you. Your website has been so informative and educating. My question goes like this? Omonile sold a plot of land to Mr A. Mr A went ahead to take C of O. After 4 year, Mr A decided to sell the land to Mr B. for the transaction to be valid, Mr B need to get Governor’s consent. In this case, who w7ll participate in filling Form1c and Deed of assignment? is it Omonile or Mr A.

If a man ready have a C of O, is it necessary for him to get Governor’s consent? Why.

How does one contact barrister Mathew Ottah? I want to process my land C of O and I need a well experienced lawyer.

My details are on top of this website sir. Thanks for the inquiry

lanre ajayi

for a piece of land bought on the mainland in the early 60s with an indenture also duly registered in the 60s, what do we apply for now; governor’s consent or c of o?

Governors consent sir because the property already has a previous registered document. There can only be one c of o or registered indenture on a land

The Law, I just bought a Virgin land Ogun, it’s a family land, thr fsmily only give me receipt and one page signed deed of assignment, my consultant ask the to sign a irrevocable Power of Attorney, which they are about to do. I have also did my survey plan. Please can you guide me how to get my documents from government to secure the land

Good stuff – Thank you and keep it up.

Hello sir, please when a Baale and his family sells land, most likely they have a gazette right? Also, is the ‘gazette’ a document the Baale is supposed to possess? Cos, I’m trying to determine, which document to do: a conscent or certificate of occupancy, as it regards a land I bought from the Baale. Should I ask him to show d gazette to me? Thanks.

The Baale must have a copy of the Gazette and if he doesnt want to give you, chart the land yourself and it would reveal the true state of the land.

Please I need advise. I have a deed of conveyance yet to be executed. Another Lawyer who did not prepare the document is saying a green stamp(not red seal) and a the High court number of the lawyer signing it. The one I have is carrying a normal red seal and signature of the lawyer that prepared it. Please advice. Thank you.

Sorry that the document is authentic only when it has the green stamp and that number from the High Court. That other wise if there is need, it cannot be tendered in the court of Law.

ol asinmibo Sanusi-Zubair

Well done my learned senior. More grease to your elbow.

Have a Land bought many years ago with a building now on top of it. There’s no deed of assignment. And i want to perfect title. What am i supposed to do? Governors conscent or certificate of occupancy. If its gonna be a governors conscent do i prepare a deed of assignment and backdate to d year i bought? As i am told d deed ought to have been done back then.

Sir,thanks for your advice. Please, I need more advice. In my state (south south) a man from the south EAST was located over 160 plots of land to build an estate in 1994. And he never build anyone but waited until the land appreciate then he stared selling them. This finding was found by my state house of assembly that he was selling the land with the cooperation with our state ministry of land. We the community whom government aquired their land protested against such act in 2007 and the then governor concord with our demend for the government to release over land hence the beneficiaries has defeat from the purpose the land was alocated to them. We went with our then comminional for land to identify those areas that was affected and he asked us to share our land while their do there paper work. We shard at the measurement of 50/100. When government gazette came out, we saw that one area which we shard and it was mostly parts of what we prosted was not gazetted or it was not realease But we have shade while almost every one has sold thire land.I have build and many people including those our brothers sold to has build and we are staying there for over 9, 10 years. Almost all of use have build there. But some of us don’t have building approval because the ministry of land said the the land belongs to he whom own a catificate of occupancy to build estate (c of o ) why we who hold the catificate of ownership ( c of o ) should buy the land from the person whom government allocated my land to build estate but he never build any one. Sir, please what is the right step?. 08085060528

Dele Afolabi

I bought a land through a family agent, agent’s land purchase was issued, the family land purchased was issued. A land purchase agreement was prepared by the agent using a copy prepared by a lawyer who also bought a land from him. On the agreement all the parties signed except the lawyer’s column was not signed because it was not prepared by the purported lawyer. The issue now is that is the agreement valid? The Head of the family is late the children claimed that the agreement was forged, they are now demanding for fresh fee for new agreement! Is it compulsory?

I just got a land at ojota but I am the one who just did the survey. I was told no c of o have been obtained on that land before now. pls can that be true. besides if that is the case will I be issued a c of o if I apply or a governors conscent

The land was bought in the 60s with a registered indenture and I need to do a governor’s consent. What do I do if I can not locate the Assingnor any longer for the purpose of signing the form 1C? Thanks for your assistance.

Carline Mcclure

You’ve just given me the info I was searching for. I had a good experience filling forms online and happy to share it with you. By the way, if anyone is facing a problem of filling TN Multi-purpose Application Form, I’ve found a template here https://goo.gl/om7Cyc . You also can esign the form and fax it.

Donatus Ogoke

Urgent Need Soon. Pls We Need Any Land Size Around Portharcourt Area With Global C of O. Thanks. Call. Mr. Don Ogoke. Igrita-Ali. Portharcourt.Tel. 07032487724:

I want to buy a conjoined land from a family of 3, please explain to me what i need to require from them and who will be the one to sign the deed of agreement for me, please advice. Thanks

And also, the land is a virgin land, please advice.

Mr. ‘B’ bought an Initial half plot of land was from Mr.’A’. Findings from the land registry shows that it is free from govt. acquisition & The backed up by a official gazette of Lagos state and a family receipt which carries the value of transaction between Mr A & Mr. B.

Mr.B bought an additional half plot from Mr C.to make his plot a full plot. Mr C bought the half plot from Mr. A. 7years ago and has the family receipt.

How do we prepare the deeds of assignment and process of the governors consent for the property. Please note that at the point the Mr. B bought the 1st half plot from Mr. A a survey plan was done, when the additional half was bought the survey was done to incorporate the additional half because it lies side by side.

your counsel is needed

Hi my loved one! I wish to say that this article is awesome, great written and include almost all significant infos. I would like to peer extra posts like this .

I hardly drop comments, but i did a few searching and wound up here Governor’s Consent finally explained in a Simple manner and Why you must register a Governor’s consent – Omonile Lawyer. And I actually do have a couple of questions for you if it’s allright. Could it be just me or does it look like some of the responses appear like they are coming from brain dead visitors? 😛 And, if you are writing at other sites, I’d like to follow everything new you have to post. Could you make a list of all of your shared sites like your Facebook page, twitter feed, or linkedin profile?

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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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DIFFERENCE BETWEEN CERTIFICATE OF OCCUPANCY AND DEED OF ASSIGNMENT IN NIGERIA

The difference between a Certificate of Occupancy and a Deed of Assignment can be derived from their distinct features and the role they each individually play in the acquisition of title to landed properties in Nigeria.

Certificate of Occupancy

A Certificate of Occupancy is an authorized document of grant issued by the State Government to confer ownership and right of occupancy in a definite land for all purposes to an individual, group of individuals, or corporate bodies for a term of 99years.

Section 9 of the Land Use Act 1978 empowers the State Governor of the state in Nigeria where the land is located to issue the certificate of occupancy. The Section provides that “it shall be lawful for the Governor when a person is entitled to a statutory right of occupancy; to issue a Certificate under is hand in evidence of such right of occupancy”.

One of the distinct features of a Certificate of Occupancy is that no land in Nigeria can bear two Certificates of Occupancy because it is the first document issued on land whether bare or developed, which has never been registered at the land registry. The land, upon which a C of O is issued, is first charted by the office of the Surveyor-General of the State or the Federation where it is Federal land. The essence of charting the land is to determine if it is free from any government acquisition.

Deed of Assignment

A deed is an important land document executed by parties in a land agreement to transfer the unexpired interest in land to another. Upon the completion of a land transaction between a buyer and a seller of land, a Deed of Assignment is executed in favor of the Assignee to evidence the transfer of the unexpired residue of the land by the Assignor to the Assignee, and such a Deed is registered at the Land Registry to perfect the acquisition.

A deed serves as the final document that will be executed between parties to a land transaction after full payment has been made by Assignee (buyer) and acknowledged by the Assignor (seller). It contains the details of parties to the transaction, the full description of the land, the consideration paid by the buyer, history of the land (which can be one whose title is derived from a Certificate of Occupancy), and the signature of the parties to the transaction.

To perfect the title conveyed by a Deed of Assignment, the Assignee (buyer) must carry out three basic steps to perfect his or her title which are;

Obtaining the Governor’s consent and
Stamping of the Deed of Assignment.
Registration of the Deed of Assignment

The performance of the above steps gives priority of title to the buyer of the land against any subsequent claim of ownership to the land.

The distinction between the Certificate of Occupancy and Deed of Assignment

A Certificate of Occupancy is issued by the State Governor or Government on new land and signed by the Governor, while a Deed of Assignment is an agreement drafted by the lawyer of the Assignee (buyer) and signed by the parties upon payment of the consideration and agreement of the terms stipulated and is only sent to the Governor for his consent as a means of perfecting the title.
A Certificate of Occupancy is issued by the State Government for a term of 99 years from the commencement date stated in the C of O, while a Deed of Assignment has no fresh 99 years term, as the title commences from the date the unexpired interest in the land was passed.
A Deed of Assignment must be recorded at the Land registry to show legal evidence that there has been an exchange of ownership of title in the land and to create awareness to the general public that the land is encumbered, while a Certificate of Occupancy is granted to indicate that the owner of the land has been granted a right of occupancy by the State Government where the land is located.
A Deed of Assignment acts as the main document between a land seller and a purchaser to evidence proof of ownership in favor of the seller, while a Certificate of Occupancy simply shows that the holder is in exclusive possession of the land.
In a Certificate of Occupancy, the Governor of a State upon which the land is located grants individuals, groups of individuals or company the land for 99 years to hold, use and occupy. A Certificate of Occupancy is issued by virtue of Section 9 (2) of the Land Use Act, while in a land transaction where a buyer sells his remaining interest in land to another without any reversionary interest a Deed of Assignment is issued.
A Certificate of Occupancy issued by the Governor on land can be revoked on grounds of overriding public interest by Section 28 of the Act, while a Deed of Assignment cannot be revoked, but only the Governor’s consent granted upon the perfection of the Deed can be revoked.
Finally, a Certificate of Occupancy is not a good root of title, especially where there are existing interests on the land, while a Deed of Assignment is a good root of title.

In closing, Certificate of Occupancy and Deed of Assignment are both legal means of acquiring title and ownership to land properties in Nigeria. Hence both documents must be properly investigated by a purchaser of land where the seller relies on these documents as his root of title.

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Assignment of Deed

Table of contents, assignment of deed of trust.

An assignment of deed is used to show the deed of a property changing from one party to another, such as when a sale is made. It is used as the written proof to show who has rightful ownership of the property. When someone is purchasing property and decides to sell it before they have paid it off, an assignment of deed form would be used to transfer the rights and everything associated with the property over to the new owner.

When a debtor transfers real estate to a creditor, the Assignment of Deed is the legal document used to record this transfer. This happens when a lawsuit is filed on a property owner for a default in payment and the court’s rule in favor of the creditor; this is one example of when the deed of assignment would be put in to use. It’s used to show that the property is being transferred from the ownership of the defendant and given to the plaintiff that won the case and awarded the property.

It’s important to understand what these documents mean as they pertain to public property records as well as personal background checks into an individual. This could be exactly the type of information you need to help you gain a better understanding on someone or his or her history. It could also be in your own public background information if someone knows where to look for it.

Public records will always contain the history of who owns real property and the details on that property as it exchanges hands or ownership is passed. Anyone who knows how can access basic information about a deed or its assignments.

When a property owner uses an assignment of deed of trust, they are assigning ownership of the property to someone else and this is a very important document that should be kept in a safe and secure place. There are also public records kept on these types of documents and you should be able to request a copy – sometimes at a fee – should you need one.

The Assignment of Deed will also specify the rights the other person will receive along with the deed. As property transfers ownership like this, a recital is usually included as well which shows how many people and the identities of who has owned the property before. This allows you to see how many times the property has transferred hands over the course of its history.

Now that you know more about this particular property document, you will understand it when you use it. Whether you need it for your property or you are searching the property records of someone else for some reason, this information will be very beneficial to you.

We know that these types of legal matters can be confusing to the average person and that’s why we strive to make it easier to understand by giving you the basics here. Assignment of deed of trust documents do not have to confuse you anymore.

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Why deed of assignment is important in every property purchase

Purchasing a home in Nigeria entails more than just making payments; you must have proof of ownership, just like any other related transaction. You must have the required paperwork for a property transfer because they are necessary for proving the seller's ownership interest.

If you don't have these documents, you could end up in legal trouble with others or the authorities. This is why it is critical that you become acquainted with the many types of property documentation available in Nigeria. And such documents include; Certificate of Occupancy (C of O) , Deed of Assignment, Survey Plan, Governor’s Consent and others. But in this article, we’ll get to know more about the document “Deed of Assignment”.

What is a Deed of Assignment?

A Deed of Assignment is a legal instrument that documents a land sale and transfers interest and title in real property from one party to another beginning on the date specified in the document. It is a document that is typically requested by the buyer of real estate at the conclusion of a property transaction, and it must contain particular information in order to be valid and binding on all parties involved in the transaction. When it comes to the transfer of land ownership, a deed of assignment is required.

Characteristics of a Deed of Assignment

The following information is required to be included in every deed of assignment:

The details of the contracting parties like the name and status.
Both parties' addresses are shown below.
The agreed-upon price for the land and the seller's willingness to accept that price in the end
The background of the area in question. This history could contain everything from how it was first acquired to when it's set to be sold.
Covenants or pledges that both parties agree to make in order to complete the transfer of the document
The property's entire description/specifications, including any fittings and fixtures.
The land to be transferred description and size
Survey Plan
Witnesses to the transaction and the signatures of the parties to the assignment

Reason For Deed of Assignment?

A deed of assignment's principal function is to transfer an interest in or assign the title of property from a seller (an assignor) to a new buyer (the Assignee). To serve its goal, a deed of assignment must include the following details we have listed in the characteristics section above.

The Benefit for Deed of Assignment?

Formality: A deed of assignment is a formal contract formed and executed between two parties to a real estate transaction to transfer all the unexpired remainder of land to the other party. It includes not only the fundamental needs, but also the specific terms on which the parties to the transaction have agreed. It serves as a great tool for both parties.
Guarantee: A property lawyer should design a deed of assignment to guarantee that the best interests of the parties to the transaction are properly represented. The assignee's legal practitioner drafts the deed of assignment, which is then handed to the assignor (vendor) for vetting and execution.
Valid Evidence of Transfer: A deed of assignment is very beneficial 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.

Steps to Registering the Deed of Assignment in Nigeria

The registration procedure is as follows:

Following the execution of the Deed of Assignment, it must be properly registered and approved by the Governor in compliance with the Land Use Act, LFN 2004.Before the actual alienation or sale of any interest in land in Nigeria, the Governor's authorization is required. The Land Use Act stipulates that the Governor's consent must be acquired.

"The Governor may, when giving his consent to an assignment, mortgage, or sub-lease, require the holder of a statutory right of occupancy to submit an instrument executed in evidence of assignment, mortgage, or sub-lease, and the holder shall, when so required, deliver the said instrument to the Governor in order that the consent given by the Governor under subsection (1) may be signified by endorsement thereon," according to Section 22(2) of the Land Use Act. The ability to provide consent can be delegated, as stated in section 45 of the Land Use Act.

In general, after parties to a property transaction execute a deed of assignment, the procedure and steps for registering the executed deed of assignment in Lagos State or any other jurisdiction in Nigeria entail three primary steps: Obtaining Governor's Consent; Stamping of Deed; and Registration.

Obtaining the Governor's Consent: When the purchased land is already registered in the seller's name at the registry, the application should be made with the land form 1c available at the land’s registry, and the form should be signed by the purchaser and the vendor. The application form will contain much information to be filled.
Stamping of the Deed : Following the Governor's approval, the solicitor must guarantee that the transaction's stamp duty is paid. It is recommended that consent be obtained prior to the payment of stamp duties, as the duties paid cannot be recovered if the Governor rejects consent. Stamp duties are levied on a variety of transactions, one of which being the transfer of a property interest. Failure to pay stamp duties has the following consequences:
The instrument will not be registered since it is not in good working order.
According to Section 22 of the Stamp Duties Act, the instrument will be inadmissible in court as evidence.
In the event of late registration, a penalty will be imposed.

3.Registration: The importance of registering a deed of assignment or conveyance that alienates a land interest is that it is a document affecting land in which one party confers, transfers, limits, charges, or extinguishes a right or title to or interest in land in favor of another party. Although registration does not cure defects in title, a deed of assignment is a registrable instrument that must be registered within 60 days after execution, according to section 25 of the Lagos State Land Instrument Registration Law.

In summary, in any land transaction, a deed of assignment is crucial because it serves as the main document between the original owner and the purchaser, demonstrating that all necessary negotiations have been completed and the purchase price has been paid. In addition, all other important conditions have been achieved by both parties to the transaction; and the owner has transferred all of his rights in the property to the purchaser.

Dennis Isong Helps Individuals Invest Right In Real Estate. For Questions On This Article Or Enquiring About Real Estate Email: [email protected] or Whatsapp/Call +2348164741041

Pulse Contributors is an initiative to highlight diverse journalistic voices. Pulse Contributors do not represent the company Pulse and contribute on their own behalf.

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The difference between a Certificate of Occupancy (C of O) and a Deed of Assignment

January 27, 2024
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The difference between a Certificate of Occupancy (C of O) and a Deed of Assignment lies in their roles in acquiring land titles in Nigeria.

Also read: Impact Of Location On Property Value

Certificate of Occupancy (C of O):

It’s a government-issued document granting possession and occupancy rights for 99 years.
Governed by Section 9 of the Land Use Act 1978.
No land in Nigeria can have two C of Os; it’s the first document given to any land, recorded in the Land Registry after surveying to ensure it’s free from government acquisition.

Deed of Assignment/Conveyance:

An essential document in passing unexpired land interest to another party.
Executed after a land exchange between buyer and seller.
Recorded in the Land Registry to complete the land transfer.

Key Contrasts:

A C of O is issued by the State Government for 99 years, while a Deed of Assignment has no new 99-year term.
A Deed of Assignment must be registered for legal proof of ownership, while a C of O indicates exclusive possession granted by the State Government.
A C of O is issued by the State Governor, while a Deed of Assignment is a negotiated agreement accepted by the Governor to improve the title.
The Governor can revoke a C of O for public interest, while a Deed of Assignment can’t be revoked; only the Governor’s consent can be revoked

In conclusion, both documents provide legal ways to obtain land titles in Nigeria, and thorough investigation is crucial before relying on them as your root of title.

Also read: Things To Look Out For Before Buying Land In Nigeria [2024]

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Deed of Assignment and the Notice of Assignment -What is the Difference?

In this article, Richard Gray barrister takes a brief look at the differences between a Deed of Assignment and a Notice of Assignment and the effect of the assignment on the contracting party

At the end of 2020, Elysium Law were instructed to act for a significant number of clients in relation to claims made by a company known as Felicitas Solutions Ltd (an Isle of Man Company) for recovery of loans which had been assigned out of various trust companies following loan planning entered into by various employees/contractors.

Following our detailed response, as to which please see the article on our website written by my colleague Ruby Keeler-Williams , the threatened litigation by way of debt claims seem to disappear. It is important to note that the original loans had been assigned by various Trustees to Felicitas, by reason of which, Felicitas stood in the shoes of the original creditor, which allowed the threatened action to be pursued.

After a period of inertia, Our Clients, as well as others, have been served with demand letters by a new assignee known as West 28 th Street Ltd . Accompanying the demand letters is a Notice of Assignment, by reason of which the Assignee has informed the alleged debtor of the Assignees right to enforce the debt.

Following two conferences we held last week and a number of phone call enquiries which we have received, we have been asked to comment upon the purport and effect of the Notice of Assignment, which the alleged debtors have received. Questions such as what does this mean (relating to the content) but more importantly is the ‘Notice’ valid?

Here I want to look briefly at the differences between the two documents.

There is no need for payment to make the assignment valid and therefore it is normally created by Deed.

The creation of a legal assignment is governed by Section 136 of the Law of Property Act 1925:

136 Legal assignments of things in action.

(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

(a) the legal right to such debt or thing in action;

(b) all legal and other remedies for the same; and

Some of the basic requirements for a legal assignment are;

The assignment must not be subject to conditions.
The rights to be assigned must not relate to only part of a debt, or other legal chose in action.
The assignment must be in writing and signed by the assignor.
The other party or parties to the agreement must be given notice of the assignment.

Notice of assignment

To create a legal assignment, section 136 requires that express notice in writing of the assignment must be given to the other contracting party (the debtor).

Notice must be in writing

Section 136 of the LPA 1925 requires “express notice in writing” to be given to the other original contracting party (or parties).

Must the notice take any particular form?

The short answer is no. Other than the requirement that it is in writing, there is no prescribed form for the notice of assignment or its contents. However, common sense suggests that the notice must clearly identify the agreement concerned.

Can we challenge the Notice?

No. You can challenge the validity of the assignment assignment by ‘attacking the Deed, which must conform with Section 136. In this specific case, the Notice sent by West 28 th Street in itself is valid. Clearly, any claims made must be effected by a compliant Deed and it is that which will require detailed consideration before any right to claim under the alleged debt is considered.

Can I demand sight of the assignment agreement

On receiving a notice of assignment, you may seek to satisfy yourself that the assignment has in fact taken place. The Court of Appeal has confirmed that this is a valid concern, but that does not give an automatic right to require sight of the assignment agreement.

In Van Lynn Developments Limited v Pelias Construction Co [1969]1QB 607 Lord Denning said:

“After receiving the notice, the debtor will be entitled, of course, to require a sight of the assignment so as to be satisfied that it is valid…”

The Court of Appeal subsequently confirmed this stating the contracting party is entitled to satisfy itself that a valid absolute assignment has taken place, so that it can be confident the assignee can give it a good discharge of its obligations

The important document is the Deed of Assignment, which sets out the rights assigned by the Assignor. The Notice of Assignment is simply a communication that there has been an assignment. The deed is governed by Section 136 of the LP 1925. It should be possible to obtain a copy of the Deed prior to any action taken in respect of it.

For more information on the claims by West 28 th Street or if advice is needed on the drafting of a Deed, then please call us on 0151-328-1968 or visit www.elysium-law.com .

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Deed of Assignment or Deed of Novation: Key Differences and Legal Implications of Novation and Assignment Contracts

Novation and assignment stand out as pivotal processes for the transfer of contractual rights and obligations. These legal concepts allow a party to the contract to adapt to changing circumstances, ensuring that business arrangements remain relevant and effective. This article explores the nuances of novation and assignment, shedding light on their distinct legal implications, procedures, and practical applications. Whether you’re a business owner navigating the transfer of service contracts, or an individual looking to understand your rights and responsibilities in a contractual relationship, or a key stakeholder in a construction contract, this guide will equip you with the essential knowledge to navigate these complex legal processes.

What is a Deed of Novation?
What is a Deed of Assignment?

Key Differences Between Novation and Assignment Deeds

Need a deed of novation or assignment key factors to consider, selecting the right assignment clause for your contract – helping you make the right choice, what is a deed of novation.

Novation is a legal process that allows a new party to a contract to take the place of an original party in a contract, thereby transferring both the responsibilities and benefits under the contract to a third party. In common law, transferring contractual obligations through novation requires the agreement of all original parties involved in the contract, as well as the new party. This is because novation effectively terminates the original contract and establishes a new one.

A novation clause typically specifies that a contract cannot be novated without the written consent of the current parties. The inclusion of such a clause aims to preclude the possibility of novation based on verbal consent or inferred from the actions of a continuing party. Nevertheless, courts will assess the actual events that transpired, and a novation clause may not always be enforceable. It’s possible for a novation clause to allow for future novation by one party acting alone to a party of their choosing. Courts will enforce a novation carried out in this manner if it is sanctioned by the correct interpretation of the original contract.

Novation is frequently encountered in business and contract law, offering a means for parties to transfer their contractual rights and duties to another, which can be useful if the original party cannot meet their obligations or wishes to transfer their contract rights. For novation to occur, there must be unanimous consent for the substitution of the new party for the original one, necessitating a three-way agreement among the original party, the new party, and the remaining contract party. Moreover, the novation agreement must be documented in writing and signed by all involved parties. Understanding novation is essential in the realms of contracts and business dealings, as it provides a way for parties to delegate their contractual rights and responsibilities while freeing themselves from the original agreement.

What is a Deed of Assignment?

A deed of assignment is a legal document that facilitates the transfer of a specific right or benefit from one party (the assignor) to another (the assignee). This process allows the assignee to step into the assignor’s position, taking over both the rights and obligations under the original contract. In construction, this might occur when a main contractor assigns rights under a subcontract to the employer, allowing the employer to enforce specific subcontractor duties directly if the contractor fails.

Key aspects of an assignment include:

Continuation of the Original Contract: The initial agreement remains valid and enforceable, despite the transfer of rights or benefits.
Assumption of Rights and Obligations: The assignee assumes the role of the assignor, adopting all associated rights and responsibilities as outlined in the original contract.
Requirement for Written Form: The assignment must be documented in writing, signed by the assignor, and officially communicated to the obligor (the party obligated under the contract).
Subject to Terms and Law: The ability to assign rights or benefits is governed by the specific terms of the contract and relevant legal statutes.

At common law, parties generally have the right to assign their contractual rights without needing consent from the other party involved in the contract. However, this does not apply if the rights are inherently personal or if the contract includes an assignment clause that restricts or modifies this general right. Many contracts contain a provision requiring the consent of the other party for an assignment to occur, ensuring that rights are not transferred without the other party’s knowledge.

Once an assignment of rights is made, the assignee gains the right to benefit from the contract and can initiate legal proceedings to enforce these rights. This enforcement can be done either independently or alongside the assignor, depending on whether the assignment is legal or equitable. It’s important to note that while rights under the contract can be assigned, the contractual obligations or burdens cannot be transferred in this manner. Therefore, the assignor remains liable for any obligations under the contract that are not yet fulfilled at the time of the assignment.

Choosing Between Assignment and Novation in a Construction Contract

Choosing between a deed of novation and an assignment agreement depends on the specific circumstances and objectives of the parties involved in a contract. Both options serve to transfer rights and obligations but in fundamentally different ways, each with its own legal implications, risks, and benefits. Understanding these differences and considering various factors can help in making an informed decision that aligns with your goals.

The choice between assignment and novation in a construction project scenario, where, for instance, an employer wishes to engage a subcontractor directly due to loss of confidence in the main contractor, hinges on several factors. These are:

Nature of the Contract: The type of contract you’re dealing with (e.g., service, sales) can influence which option is more suitable. For instance, novation might be preferred for service contracts where obligations are personal and specific to the original parties.
Parties Involved: Consent is a key factor. Novation requires the agreement of all original and new parties, making it a viable option only when such consent is attainable. Assignment might be more feasible if obtaining consent from all parties poses a challenge.
Complexity of the Transaction: For transactions involving multiple parties and obligations, novation could be more appropriate as it ensures a clean transfer of all rights and obligations. Assignment might leave the original party with ongoing responsibilities.
Time and Cost: Consider the practical aspects, such as the time and financial cost associated with each option. Novation typically involves more complex legal processes and might be more time-consuming and costly than an assignment.

If the intention is merely to transfer the rights of the subcontractor’s work to the employer without altering the subcontractor’s obligations under a contract, an assignment might suffice. However, if the goal is to completely transfer the main contractor’s contractual role and obligations to the employer or another entity, novation would be necessary, ensuring that all parties consent to this new arrangement and the original contractor is released from their obligations.

The legal interpretations and court decisions highlight the importance of the document’s substance over its label. Even if a document is titled a “Deed of Assignment,” it could function as a novation if it transfers obligations and responsibilities and involves the consent of all parties. The key is to clearly understand and define the objective behind changing the contractual relationships and to use a deed — assignment or novation — that best achieves the desired legal and practical outcomes, ensuring the continuity and successful completion of the construction project.

Understanding the distinction between assignment deeds and novation deeds is crucial for anyone involved in contractual agreements. Novation offers a clean slate by transferring both rights and obligations to a new party, requiring the consent of all involved. Assignment, conversely, allows for the transfer of contractual benefits without altering the original contract’s obligations. Each method serves different strategic purposes, from simplifying transitions to preserving original contractual duties. The choice between novation and assignment hinges on specific legal, financial, and practical considerations unique to each situation. At PBL Law Group, we specialise in providing comprehensive legal advice and support in contract law. Our team is dedicated to helping clients understand their options and make informed decisions that align with their legal and business objectives. Let’s discuss!

Authored By Raea Khan

Director Lawyer, PBL Law Group

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Certificate of Occupancy and Deed of Assignment

What you need to know about certificate of occupancy and deed of assignment, what’s a deed of assignment.

Picture this: Mr Jade has many properties across the country and decides to give one to his friend. To do this, he must obtain a deed of assignment with the relevant land registry, to establish legal proof that the property has changed hands and now belongs to his friend. His friend will now have full control over the property, including signing off on new leases and managing maintenance issues.

In other words, a deed of assignment is a document that transfers the ownership of a property from one party to another. It can be used when there is a change in ownership and the previous owner no longer has an interest in the property.

Important of Deed of Assignment

It shows that all negotiations, investigations, and other necessary due diligence have been done.
It verifies ownership and prevents a third party from claiming ownership.

What is a Certificate of Occupancy?

A certificate of occupancy (C of O) is a document issued by a local authority that confirms a person’s ownership of a property. You may have heard about the government seizing homes without compensation. In most cases, this is due to the absence of a C of O. The goal of obtaining a certificate of occupancy is to ensure that the house or building complies with all local health and safety regulations.

Importance of C of O

The following are the benefits of having a C of O.

Having a C of O certifies you a bonafide owner of a land or property.
The value of a property increases when it has a C of O.
It saves you from government troubles such as property confiscation with no compensation.
It prevents a situation where multiple owners claim a single property.

It is important to note that a Deed of Assignment and a Certificate of Occupancy are not the same thing. A Deed of Assignment only transfers ownership, while a Certificate of Occupancy only certifies that a building is suitable for occupancy. The two documents may be required in combination when buying or selling a property.

When buying a property, it is important to ensure that both the Deed of Assignment and the Certificate of Occupancy are in order. This can help you avoid legal issues and disputes in the future. If the Deed of Assignment is not properly executed or the Certificate of Occupancy is not up to date, it can cause problems when you try to sell the property later on.

In conclusion, a Deed of Assignment and a Certificate of Occupancy are two important legal documents in the realm of real estate. Understanding the purpand significance of these documents can help you navigate the complex process of buying or selling a property and ensure that the transaction is legally sound and secure.

At Numero Homes, we do our due diligence on all of our lands and properties before purchase. We don’t just buy property from anyone and anywhere. To prevent future problems, we also make sure our clients receive the required paperwork. Let us help you with the process of buying a property or piece of land. For inquiries, dial 07025000038.

Read Also: The Benefits of Land Banking: Why It’s the Future of Investing

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.

LAND FOR SALE IN ABUJA

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 .

Check out PropertyPro.ng for verified land . Kindly share your opinion below about deed of assignment with other PropertyPro readers.

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Understanding a deed of assignment for intellectual property

A deed of transfer is used to change the ownership of intellectual property, a common occurrence in business. Explore how and when to use one.

Find out more about intellectual property basics

by Brette Sember, J.D.

Brette is a former attorney and has been a writer and editor for more than 25 years. She is the author of more than 4...

Understanding intellectual property in business

How to transfer intellectual property rights in business, what to include in a deed of assignment, registering new ownership, restrictions on intellectual property transfers.

Most companies have intellectual property as part of their assets, including software, product design, or copyright to white papers. Buying or selling such property is done using a document called a deed of assignment.

Illustrations and graphics surrounding the words "Intellectual Property"

A large part of what a business consists of may be tied to intellectual property . It's easy to see physical property a company owns, such as a building, office furniture, or inventory, but intellectual property can be more challenging to identify.

Most businesses have intellectual property, or works created by human minds or, in some cases, by computers. Some examples of intellectual property include architectural drawings, ad campaigns, company or product names, inventions, and source code.

Examples of when transfers of intellectual property might happen include when a company is buying another company, when you are setting up an LLC and want to transfer your intellectual property into the company, or when a business buys product rights from another company or individual.

A deed of assignment can be done in one transaction, instead of one transaction for each item of intellectual property, by transferring all ownership rights of all intellectual property detailed in the deed. The document is signed by both the buyer and seller. No payment is required for it to be valid.

A deed of assignment must be in writing and should include:

The names and addresses of the assignor and assignee
A description of the program or product for which the rights are being transferred
A statement that all intellectual property rights to the property are being transferred
Signatures of the parties and the date of the agreement execution

The deed could also include the following sections, where applicable:

Consideration, or payment, to be made to the original owner.
Warranties, or promises that the intellectual property rights being assigned don't infringe on anyone else's intellectual property rights . For example, in a deed regarding the transfer of a copyright, this section could state that the copyrighted work is original and not owned by someone else.
Indemnification, or promise by the seller to reimburse the assignee if there is some problem with title to the property.
Future assignments. For example, the agreement could be ongoing, so that anything the assignor creates in the future for this product or program is also transferred to the buyer.

Although a deed of assignment transfers ownership in intellectual property , it does not change the registration of the ownership. The assignee is responsible for handling all registration requirements.

For example, if a patent is transferred via a deed of assignment, the new owner must record the change in ownership with the U.S. Patent and Trademark Office. Similarly, the transfer of a copyright is recorded with the U.S. Copyright Office.

Transfers of intellectual property must comply with U.S. laws. One obvious caveat is that you can't transfer property you don't own. Transfers must also comply with antitrust laws, which are set up to prevent one company from completely dominating an industry.

If intellectual property rights are being transferred overseas, the transfer must comply with Export Administration Regulations and the International Traffic in Arms Regulations , which are designed to protect national security and trade.

The deed of assignment can be a crucial part of a business deal or transaction. You can create a deed of assignment yourself, or you can work with an attorney .

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Certificate of Occupancy and Deed of Assignment
In most cases, this is due to the absence of a C of O. The goal of obtaining a certificate of occupancy is to ensure that the house or building complies with all local health and safety regulations. Importance of C of O The following are the benefits of having a C of O. Having a C of O certifies you a bonafide owner of a land or property. The ...
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 ...
What Is A Deed of Assignment, Anyway?
A Deed of Assignment is a legal document that transfers or assigns the legal rights and obligations to another party. And it varies depending on your situation. For example, an assignment could work for simple things like intellectual property. When a graphic designer creates a logo for you, you might want to make sure that logo is owned by you ...
Assignment, novation and construction contracts
Assignment v novation. Both assignment and novation are forms of transferring an interest under a contract from one party to another. However, they are very different and in their effect. An ...
Understanding a deed of assignment for intellectual property
A deed of assignment must be in writing and should include: The names and addresses of the assignor and assignee. A description of the program or product for which the rights are being transferred. A statement that all intellectual property rights to the property are being transferred.

Deed of Assignment: Everything You Need to Know

What Is an Assignment?

What Is a Deed of Assignment?

Requirements for a Deed of Assignment

Information to Include in a Deed of Assignment

Deed of Assignment (for Intellectual Property)

To be legally effective a deed of assignment must contain:

Letter of Assignment (for Trademarks and Patents)

Intellectual Property Sales Agreement

IP Transfer Declaration

Merger Document

DIFFERENCE BETWEEN A C of O (CERTIFICATE OF OCCUPANCY) AND GOVERNOR’S CONSENT (REGISTERED DEED OF ASSIGNMENT)

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Governor’s Consent finally explained in a Simple manner and Why you must register a Governor’s consent

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The Features of Governors Consent must contain the Following

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DEED OF ASSIGNMENT: EVERYTHING YOU NEED TO KNOW.

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The difference between a Certificate of Occupancy (C of O) and a Deed of Assignment

Certificate of Occupancy (C of O):

Deed of Assignment/Conveyance:

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Deed of Assignment and the Notice of Assignment -What is the Difference?

There is no need for payment to make the assignment valid and therefore it is normally created by Deed.

Notice of assignment

Notice must be in writing

Must the notice take any particular form?

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Deed of Assignment or Deed of Novation: Key Differences and Legal Implications of Novation and Assignment Contracts

Table of Contents

Key Differences Between Novation and Assignment Deeds

What is a Deed of Assignment?

Choosing Between Assignment and Novation in a Construction Contract

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