Why Land Encroachment in Nigeria Should Be on Your Radar

Land ownership in Nigeria is more than just a real estate investment; it’s a long-term strategy for wealth building and legacy creation. However, this valuable asset faces a common and persistent threat—land encroachment. Whether you’re a property investor in Lagos, a startup entrepreneur in Abuja, or someone expanding agricultural holdings in Ogun State, encroachment can lead to significant financial loss, legal battles, and stress.

In a country where land documentation processes can be murky and traditional land tenure systems still clash with modern laws, protecting your property from encroachers is essential. This guide offers actionable strategies, legal tips, and best practices to ensure your property remains secure.

What Is Land Encroachment?

Land encroachment in Nigeria occurs when an individual or group unlawfully occupies or extends their property into someone else’s legally owned land. This can range from minor boundary infringements to full-scale illegal occupation.

Common Forms of Encroachment in Nigeria:

• Unauthorized construction of buildings or fences
• Gradual occupation by squatters or land grabbers (commonly referred to as “omo onile”)
• Disputes from overlapping survey plans
• Issues from poorly documented ancestral land claims

Why Land Encroachment is Prevalent in Nigeria

1. Poor Land Documentation: Many properties lack proper titles such as Certificates of Occupancy (C of O) or Registered Deeds.
2. Weak Enforcement of Property Laws: Legal delays and corruption can discourage rightful owners from pursuing justice.
3. Customary Land Tenure Systems: Conflicts often arise between local customs and statutory land laws.
4. Urbanization: As cities expand, informal settlements often encroach on private lands.

Legal Framework for Property Protection in Nigeria

Nigeria operates under both statutory and customary land tenure systems. The key legal document governing land is the Land Use Act of 1978, which vests all land in a state governor to be held in trust.

Key Legal Protections Include:

• Certificate of Occupancy (C of O): Establishes ownership rights and protects against unauthorized claims.
• Land Registration: Ensures your property is listed in the official land registry.
• Survey Plan: Clearly defines boundaries and is essential during disputes.
• Court Injunctions: Prevent unauthorized parties from accessing or developing your land.

Example:

A Lagos-based entrepreneur successfully reclaimed a property encroached on by squatters by presenting a registered deed and a court injunction that stopped construction activities.

Actionable Tips to Prevent Land Encroachment

1. Conduct Due Diligence Before Purchase

• Verify land titles through the state land registry.
• Engage professionals like lawyers and surveyors.
• Investigate possible disputes or family claims on the land.

2. Secure Legal Documentation

• Obtain a Certificate of Occupancy or Governor’s Consent.
• Register the land with the appropriate authorities.
• Always demand original copies of documents and verify their authenticity.

3. Fence and Mark Your Property

• Physically demarcate your land boundaries with fencing or concrete pillars.
• Place warning signs to deter intruders.

4. Maintain Regular Presence

• Periodically inspect the property.
• Employ caretakers or security personnel if you live far away.

5. Install Surveillance Systems

• CCTV cameras and motion sensors can act as deterrents and evidence in court.

6. Community Engagement

• Engage local leaders and communities positively.
• Make your ownership known to avoid unnecessary disputes.

7. Legal Recourse for Encroachment

If you discover encroachment:

• Document the encroachment with photos and witness statements.
• Issue a legal notice through your lawyer.
• Seek a court injunction to stop further trespassing.

How Technology Can Help

1. GIS Mapping & Drones

Geospatial tools help detect boundary violations and monitor land use changes.

2. Blockchain Land Registry (Pilot Projects)

Some states are exploring blockchain technology for tamper-proof land ownership records.

3. Online Land Verification Portals

Lagos and a few other states now have digital platforms to verify land titles and ownership.

Real-Life Case Studies

Case Study 1: Rescuing a N50 Million Property in Abuja

A tech investor purchased a parcel of land in Abuja with an incomplete title. A year later, a local family began construction on the property. With the help of legal experts, the investor obtained the necessary documents, filed a court case, and won full possession with damages.

Case Study 2: Land Recovery in Ogun State

An agro-business owner used drones to document illegal farming on her registered land. The visual proof helped her win a swift legal battle.

Common Mistakes Property Owners Make

• Ignoring Title Verification
• Delaying Registration
• Relying solely on verbal agreements or community assurances
• Neglecting property visits for long periods

Recommended Professionals to Engage

• Real Estate Lawyers: For legal documentation and litigation
• Registered Surveyors: For accurate land boundaries
• Estate Agents with Verified Licenses: For safe property transactions
• Security Consultants: For surveillance and protection strategies

 Secure Your Investment Today

Land in Nigeria is a valuable but vulnerable asset. Whether you’re a property developer in Lekki or a small-scale farmer in Osun, protecting your property from land encroachment should be a priority. By combining legal safeguards with practical steps, you not only secure your investment but also contribute to a more transparent and structured land ownership system in Nigeria.

Don’t wait for an encroachment crisis—act today.