Joint property ownership is becoming increasingly common in Nigeria, particularly among family members and business partners.
When multiple parties jointly own a piece of land or property, it is essential to have clear legal documentation to delineate ownership rights and responsibilities.
A Deed of Partition is a crucial legal instrument that serves this purpose, ensuring that each co-owner’s share is legally recognised and protected.
Understanding a Deed of Partition
A Deed of Partition is a legal document that formally divides jointly owned property among co-owners.
It outlines the specific portions of the property allocated to each owner, effectively converting joint ownership into individual ownership.
This document is particularly important when the property is under a single Certificate of Occupancy (C of O) or Right of Occupancy (R of O), which signifies that the land is owned by more than one person.
Need for a Deed of Partition
- Clarification of Ownership and Rights: A Deed of Partition clearly specifies the portion of the property owned by each co-owner. This clarity helps in preventing future disputes and misunderstandings regarding ownership.
- Prevention of Disputes Among Co-Owners: By clearly defining each co-owner’s share, a Deed of Partition minimizes the risk of conflicts that could arise from ambiguous ownership boundaries or unequal division of the property.
- Facilitation of Smooth Property Transactions: With a Deed of Partition in place, co-owners can independently sell, transfer, or mortgage their individual shares without the need for consent from other co-owners, simplifying property transactions.
Requirements for Executing a Deed of Partition
- Legal Documentation Needed:
- Current Certificate of Occupancy (C of O) or Right of Occupancy (R of O).
- Personal identification documents of all co-owners.
- Property survey plan.
- Title documents of the property.
Role of Legal Professionals:
- Engaging a licensed surveyor to accurately measure and delineate the property.
- Hiring a qualified legal practitioner to draft the Deed of Partition.
- Notarisation and registration of the Deed with relevant authorities.
Steps Involved in the Partition Process:
- Agreement among co-owners on the partition terms.
- Survey and valuation of the property.
- Drafting of the Deed by a legal professional.
- Signing of the Deed by all co-owners in the presence of a notary.
- Registration of the Deed with the Land Registry.
Cost of Executing a Deed of Partition
- Legal Fees and Charges:
- Fees for legal consultations and drafting of the Deed by a lawyer typically range from 5% to 10% of the value of the specific partitioned plots.
- Administrative and Government Fees:
- Survey and Valuation: NGN 100,000 – NGN 250,000
- Notarisation Fees: NGN 20,000 – NGN 50,000
- Registration Fees: NGN 50,000 – NGN 100,000or above (based on property type and size)
- Miscellaneous Charges: NGN 10,000 – NGN 30,000
Estimated Total Cost:
The total cost can vary based on factors such as property location, size, and the professionals engaged.
Below is a simplified cost summary chart for an average property in Nigeria.
Cost Summary Chart
| Service | Estimated Cost |
| Legal Consultation and Drafting | 5% – 10% of plot value |
| Survey and Valuation | NGN 100,000 – 250,000 |
| Notarization Fees | NGN 20,000 – 50,000 |
| Registration Fees | NGN 50,000 – 100,000 or above (based on property type and size) |
| Miscellaneous Charges | NGN 10,000 – 30,000 |
Conclusion
A Deed of Partition is an essential document for joint property ownership in Nigeria, ensuring clear ownership and preventing disputes.
By understanding the need, requirements, and costs involved, co-owners can effectively manage their property and enjoy the benefits of clearly defined ownership rights.
FAQs
- What is a Deed of Partition?
- A Deed of Partition is a legal document that divides jointly owned property among co-owners, specifying the individual shares of each owner.
- Why is a Deed of Partition necessary?
- It clarifies ownership, prevents disputes, and facilitates independent property transactions by co-owners.
- What documents are required to execute a Deed of Partition?
Current C of O or R of O, identification documents, property survey plan, and title documents.
- How much does it cost to execute a Deed of Partition in Nigeria?
- Legal fees range from 5% to 10% of the plot value, while other costs range from NGN 180,000 to NGN 430,000.
- Can co-owners sell their individual shares after executing a Deed of Partition?
Yes, with a Deed of Partition, co-owners can independently sell, transfer, or mortgage their shares.
