Deed of Assignment

A Deed of Assignment is an instrument of transfer which is used in real estate transactions to transfer legal title or the ownership of a land or building from the title holder (called the assignor) to another called the assignee, usually for a consideration (money or money's worth).

The title transfer is done in writing, signed, sealed and delivered by the parties to the transaction. This is a very important document that should be delivered to the purchaser after the conclusion of the sale of any real property.

Note: This document is different from the Contract of Sale because although it is a vital document in real property sale and purchase transactions, the Contract of Sale alone does not transfer ownership or interest in real estate. On the other hand, a registered Deed of Assignment not only transfers legal interest in real property but also serves as the assignee's root of title. This means that a registered Deed of Assignment is enough proof of ownership of real property.

According to the Land Use Act, all state and federal lands are vested in the governor of each state and the federal government respectively, who hold the lands as trustees for Nigerians. Consequently, a person who acquires ownership of land in Nigeria is granted a certain term of years (usually 99 years) and is not referred to as the owner but the holder of a term of years and can assign the remainder of such term to another under a Deed of Assignment.

Note that if a person gifts another a real property, a Deed of Gift should be executed for this purpose.

How to use this document

The document should outline the names and addresses of the parties, a detailed description of the property being conveyed, the origin of the property, covenants and representations of the assignor.

After completing this document, the parties should sign the document. If either of the parties is an individual, the individual should sign the document and the document must be attested by one witness who will put their name, occupation, address and signature. If either of the parties is a company, the common seal of the company should be affixed on the document and either two directors or one director and one company secretary should sign the document.

After the documents have been properly executed, either of the parties (particularly the assignee) should take steps to register the property. The parties should consult a real property agent or their lawyer to register the property.

The assignor should deliver at least 4 (four) signed copies of this document to the assignee for registration at the requisite lands registry. The assignor can also keep a signed copy of this document for their record.

Applicable law

The Land Use Act 1978 applies to this document. The Property and Conveyancing Law of 1959, Lagos State Registration of Titles Law 2004 and the Registration of Titles laws of various states are also applicable to this document.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.