Buyers often hear these three terms together, although they describe different things. Knowing the distinction helps you ask better questions when a seller hands you a property file.

Certificate of Occupancy

A Certificate of Occupancy records a right of occupancy. Check the named holder, property description, term and conditions. Section 9 of the Land Use Act addresses certificates of occupancy.

The document is important, but the fact that a certificate exists does not resolve every competing claim. In Adole v Gwar, the Supreme Court addressed competing rights and an invalid certificate. Buyers still need a review of the underlying title and history.

Deed of Assignment

A Deed of Assignment records a transfer of an interest between parties. Ask your lawyer to confirm what interest is being transferred, whether the seller holds it and which consent, stamping or registration steps apply. Section 22 of the Land Use Act deals with consent for alienation of statutory rights of occupancy.

A signed deed should be read alongside the rest of the property file. It is not a substitute for investigating the seller’s title.

Government acquisition

Acquisition is a status or legal process, not a document handed to every purchaser. A parcel may be affected by government action or a public-purpose requirement. Section 28 of the Land Use Act addresses revocation for overriding public interest.

Have the position of the specific parcel checked through the relevant records and professional review. A general claim that an entire area is “free” is not a documented conclusion about your plot.

Put the file together

Request a clear list of the documents relevant to your transaction: existing title records, survey information, any transfer instruments, allocation paperwork and payment records. Separate issued documents from pending applications.

Ask who is responsible for each outstanding step, the applicable cost and the evidence you will receive when it is completed. Have your adviser explain any discrepancy between names, plot descriptions, measurements or dates before you commit.

Himaz can help you obtain the information for a property under consideration. Send the team your documentation questions and review the answers with your independent adviser.