Chukwuma Ekomaru, Senior Advocate of Nigeria, in judicial robes

Land Disputes in Nigeria: Why Title Verification Before Purchase Is Non-Negotiable

Most land disputes in Nigeria originate at the same point — a title that was never properly verified before the transaction closed. By the time the encroachment or competing claim surfaces, money has changed hands and the options narrow significantly. What to look for before you sign.

Real Estate & Land Law4 min read

Almost every land dispute that reaches our office shares a single origin point: the buyer relied on the seller’s word, a survey plan, and a photocopied document, and never independently confirmed that the person selling the land actually had the right to sell it. By the time a competing claimant appears — a family member who never consented, a prior purchaser, or the state itself — the purchase money has already changed hands and the practical options have narrowed to litigation.

In Nigeria, land is governed primarily by the Land Use Act, under which all land in a state is vested in the Governor and held in trust for the people. What a private seller transfers is, in most cases, a right of occupancy — and the strength of that right depends entirely on the chain of documents and consents behind it. Verifying that chain before you pay is not a formality. It is the single most effective protection available to a buyer, and it costs a fraction of what a dispute later will.

Where land disputes actually begin

The recurring failures are predictable. Family land sold by one member without the consent of the wider family. A parcel sold twice to two different buyers. Land already subject to a government acquisition or committed plan. A Certificate of Occupancy that was never perfected, or that overlaps another title. A survey plan that does not match the land on the ground. Each of these is detectable in advance — but only if someone looks.

The common thread is that the defect existed before the buyer arrived. Verification is the process of finding it while you can still walk away, rather than after you have built on the land.

What proper title verification involves

A proper investigation goes beyond reading the documents the seller hands you. It includes a search at the relevant Land Registry to confirm what is registered against the title and in whose name; confirmation of the root of title and the chain of transfers leading to the current holder; verification that any required Governor’s consent was obtained for prior transactions; and a physical inspection and survey check to confirm the land on paper is the land on the ground, free of encroachment or adverse occupation.

Where the land is family or community land, it also means confirming that the people consenting to the sale are the people entitled to consent — and that the consent is properly documented. Where a company or estate is involved, it means confirming the authority of the person signing. These are not steps to be compressed because a seller is in a hurry.

The cost of skipping it

Once a dispute crystallises, the buyer is no longer choosing whether to spend money — only how much. Litigation over title is among the slowest categories of matter in the Nigerian courts, and an injunction can freeze the use of the land for the duration. Money spent on verification is small, fixed, and paid once. Money spent on a disputed title is open-ended and paid for years.

Before you sign

Instruct a lawyer to conduct the title search and report before any substantial payment is made, not after. Insist that consideration is structured so that the balance is contingent on a clean title report. Keep every document, receipt, and consent in original form. And treat unusual seller urgency, refusal to allow a search, or a price that is conspicuously low as what they usually are — warnings.

Title verification will not make every transaction safe. But it converts the largest and most common category of land risk from something discovered too late into something decided in advance — which is exactly where a buyer wants that decision to sit.

By Chukwuma Ekomaru SAN

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