Affidavit of loss for a lost certificate of occupancy or deed

Affidavit of loss for lost land documents: what to state about a missing certificate of occupancy or deed, and who else needs telling.

3 min readBy the Docufy editorial team

Quick answer

An affidavit of loss for lost land documents is a sworn statement describing a missing certificate of occupancy, deed or survey plan, taken before a commissioner for oaths, a notary public, or a judge of the Federal High Court or a higher court. Because land disputes are common, describe the loss precisely and tell your state land registry, not just the affidavit alone.

Who can take it
a commissioner for oaths, a notary public, or a judge of the Federal High Court or a higher court
Typical documents
certificate of occupancy, deed of assignment, survey plan
Extra step
tell your state land registry
Worth doing
get a property lawyer's advice first
On this page

Losing a land document is not like losing a receipt. The paper itself can matter in a dispute, so the affidavit needs more care than most.

Why this affidavit needs extra care

A certificate of occupancy or a deed of assignment is often the only paper proof of a transaction that may have happened years earlier.

Courts, banks and land registries take a missing land document seriously, because a lost original can be forged, sold on, or used to mislead a buyer who does not know it went missing.

What to state about the missing document

Name the exact document: a certificate of occupancy, a deed of assignment, a survey plan, or a receipt of purchase, with its reference number if you still have it anywhere.

Describe the property itself, briefly, so the affidavit is clearly tied to one plot and not read as a general statement about "my documents".

State when you last saw it and what you believe happened. A commissioner for oaths, a notary public, or a judge of the Federal High Court or a higher court takes the oath and stamps the affidavit once you have sworn to it.

Telling the land registry

An affidavit sworn at court does not, on its own, update anything at your state's land registry.

Take a copy of the sealed affidavit to that office and ask what its own lost-document process needs. Registries vary by state, so confirm directly rather than assuming one state's rule applies in another.

If the land is being sold, mortgaged or contested, get a property lawyer involved before you rely on the affidavit alone. The value at stake usually justifies the advice, and a lawyer can also say whether your case needs a public notice of the loss.

What the court stamp duty costs

The court charge for swearing a single affidavit is small, and each registry sets its own figure for a standard one-page statement.

A land affidavit is often longer than a simple lost-SIM statement, since it needs to identify the property precisely. That can affect the stamp duty. See affidavit of loss: cost in Nigeria for how the government charge and any service fee are usually broken down.

If the land has a mortgage or a pending sale

A bank holding the property as security, or a buyer mid-purchase, needs to know about a lost document straight away, not after the affidavit is already sworn.

Telling them early gives everyone time to agree on what evidence they will accept, rather than disputing it once money has already changed hands.

Common mistakes

  • Treating the affidavit as proof of title. It only proves you reported a loss, not that you own the land.
  • Leaving out the property's identifying details, which makes the affidavit harder to match to the right plot later.
  • Skipping the land registry, on the assumption the court affidavit is the only step needed.
  • Waiting until a sale is already in progress before mentioning the missing document to the other party.

For where affidavits are sworn generally, see our affidavit guides, including affidavit of loss: where, how and how much.

Questions people ask

Does an affidavit of loss prove I own the land?

No. It only records that a document is missing and how. Ownership rests on the underlying title documents and the land registry's own record, not on the affidavit.

Should I tell anyone besides the court?

Yes. Report the loss to your state land registry so a lost document cannot easily be misused. A property lawyer can tell you whether your case also needs a public notice.

Can I get a fresh certificate of occupancy after losing the original?

Usually, through your state land registry's own reissuance process. Contact that office directly, since requirements and any fee are set by the state.

What if more than one person owns the land?

Each affected owner may need to be named in the affidavit, or to swear one of their own. Ask a property lawyer if the land has joint owners.

Sources

Last checked 27 Sep 2026. Fees and rules change; the agency that issues the document has the final word. See our editorial policy.

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Affidavit of loss in Nigeria: where, how, how much

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