How do I resolve boundary disputes in Ogun State
Introduction
Land is one of the most valuable assets in Ogun State, but it often becomes a source of tension and dispute among families, communities, and private developers. Boundary disputes—conflicts over the correct limits of one’s land—are among the most common property issues handled by lawyers, surveyors, and local authorities.
These disputes arise from unclear land documents, defective surveys, inheritance issues, overlapping sales, encroachments, or even the shifting of natural features like rivers and roads that originally served as boundaries.
In Ogun State, resolving a boundary dispute requires a mix of legal, technical, and administrative steps—often involving the Ogun State Boundary Commission, the Ministry of Urban and Physical Planning, licensed surveyors, and the courts.
This article provides a comprehensive guide on how to resolve boundary disputes in Ogun State, whether you are a landowner, estate developer, or family trustee. It outlines the legal processes, authorities involved, practical solutions, and preventive measures to ensure your rights are fully protected under Nigerian property law.
Understanding Boundary Disputes
A boundary dispute occurs when two or more parties disagree about the precise limits of their respective parcels of land. In Ogun State, such disputes can involve:
Family land vs. adjoining family land
Private landowners vs. developers
Neighbouring communities
Purchasers and sellers of land
Institutions or companies claiming overlapping boundaries
Boundary disputes are typically rooted in one or more of the following:
Defective or ambiguous surveys – when survey plans overlap or lack government coordinates.
Multiple sales or double allocation – common in unregistered lands.
Natural boundary changes – rivers, roads, or landmarks shifting position.
Inheritance and family divisions – unclear demarcations among heirs.
Encroachment – intentional or accidental extension of a fence or structure into a neighbour’s land.
Resolving such issues requires proper documentation, technical surveys, and adherence to the Land Use Act (1978), Ogun State Land Laws, and the Survey Coordination Act.
Legal Framework Governing Boundary Disputes in Ogun State
Boundary disputes in Ogun State are guided by a combination of federal and state laws, including:
The Land Use Act, 1978 (as amended)
Survey Coordination Act, 1962 (Cap. S13, LFN 2004)
Ogun State Physical Planning and Urban Development Law
Ogun State Boundary Commission Law, 2004
Evidence Act, 2011
Nigerian Constitution, 1999 (as amended)
These laws empower various bodies and professionals (courts, surveyors, land registries, and local authorities) to determine land boundaries, interpret survey plans, and enforce ownership rights.
Step-by-Step Procedure for Resolving Boundary Disputes in Ogun State
Below is the practical and legal roadmap you should follow to resolve any boundary dispute in Ogun State:
1. Conduct a Proper Land Survey
The first step in resolving a boundary issue is to confirm your survey plan. Engage a registered surveyor licensed by the Office of the Surveyor-General of Ogun State.
Your surveyor will:
Verify your property coordinates with government maps;
Compare it with the neighbouring property’s survey.
Identify overlaps or discrepancies;
Prepare a composite plan showing both properties and the disputed area.
This technical evidence forms the basis for any settlement or court resolution.
2. Review Your Title Documents
Examine all your land documents—Deed of Assignment, Purchase Receipt, Land Agreement, Governor’s Consent, C of O, or Survey Plan. Ensure that the name, description, coordinates, and dimensions are consistent.
If you inherited the land, ensure the probate or letters of administration properly vest ownership in you or your family.
Discrepancies in documentation are one of the main causes of boundary disputes.
3. Attempt an Amicable Settlement
Before going to court, the law encourages parties to seek peaceful resolution through negotiation or mediation. This is cost-effective and preserves relationships.
You can:
Engage your community leaders or local chiefs;
Invite your lawyer to mediate discussions;
Involve a registered mediator under the Ogun Multi-Door Courthouse;
Request an independent surveyor to confirm the true boundary jointly.
In most rural communities, the Baale or family head may be involved in authenticating traditional boundaries, provided both sides consent.
4. Report to the Ogun State Boundary Commission (If Inter-Community)
If the boundary dispute is between communities, local governments, or traditional institutions, report it to the Ogun State Boundary Commission.
This Commission has statutory powers under the Ogun State Boundary Commission Law, 2004 to:
Investigate, map, and determine boundaries;
Conduct joint field visits;
Hold hearings;
Recommend administrative demarcation;
Prevent violent clashes arising from land boundaries.
Their decision can later be reviewed or enforced through the courts.
5. Lodge a Complaint at the Ogun Multi-Door Courthouse
For private disputes, the Ogun Multi-Door Courthouse (OMDC) offers a platform for Alternative Dispute Resolution (ADR) through:
Mediation – a neutral mediator helps parties reach a voluntary agreement.
Arbitration – a neutral arbitrator decides based on evidence.
Conciliation – similar to mediation but with a binding element.
This system reduces delays associated with litigation and preserves confidentiality.
6. File an Action in Court (If ADR Fails)
If all peaceful efforts fail, the last resort is to file a case in the High Court of Ogun State—the court with jurisdiction over land matters.
Through your lawyer, file a Writ of Summons claiming:
Declaration of title/ownership;
Injunction restraining further encroachment;
Order for boundary demarcation;
Damages for trespass.
You must provide credible evidence such as:
Certified Survey Plan;
Title documents;
Witness testimony;
Evidence of possession;
Expert report from a licensed surveyor.
7. Enforcement and Compliance
After obtaining a judgment, you may apply for:
Execution of judgment (demolition of encroaching structures if necessary);
Survey demarcation under court supervision;
Police protection to maintain peace.
In some cases, court bailiffs and survey officials will be assigned to enforce compliance.
Case Study: Boundary Dispute Between Two Families in Abeokuta
In Adebayo v. Akinyemi (2020) [Unreported Ogun State High Court], the claimant alleged that the defendant extended his fence into part of his family land at Lafenwa, Abeokuta. Both families produced conflicting survey plans.
The court directed both parties to produce composite survey plans and called on the Ogun State Surveyor-General’s office to provide an official map. It was discovered that the defendant’s fence encroached by 3.2 metres.
The court ordered the demolition of the encroaching fence, reaffirmed the claimant’s boundary, and awarded ₦2 million in damages for trespass.
This case demonstrates the importance of professional survey evidence and proper documentation.
The Role of Lawyers in Boundary Disputes
Engaging an experienced property lawyer in Ogun State is critical. A lawyer will:
Review your title and survey documents;
File or defend your case in court;
Liaise with surveyors and land officials;
Advise on settlement strategies;
Ensure compliance with the Land Use Act and Evidence Act;
Protect your rights during mediation or arbitration.
At Chaman Law Firm, we handle boundary disputes from investigation to final resolution, representing landowners, developers, and communities across Ogun State.
Preventing Boundary Disputes in Ogun State
To avoid future disputes, observe these preventive measures:
Engage a registered surveyor before purchasing land.
Verify ownership with the Ogun State Land Registry and Bureau of Lands.
Obtain a Deed of Assignment and Governor’s Consent.
Mark your boundary with concrete pillars or fences.
Retain all receipts, agreements, and correspondence.
Register your property and apply for a Certificate of Occupancy (C of O).
Engage a property lawyer during every land transaction.
Authorities Involved in Boundary Dispute Resolution
Ogun State Ministry of Urban and Physical Planning
Handles zoning and development approval.
Office of the Surveyor-General of Ogun State
Confirms and certifies survey plans.
Ogun State Boundary Commission
Handles inter-community and local government boundary issues.
High Court of Ogun State
Decides ownership and injunction cases.
Ogun Multi-Door Courthouse
Provides mediation and arbitration services.
Challenges in Boundary Dispute Resolution
Despite legal frameworks, several issues make boundary disputes complex in Ogun State:
Lack of accurate surveys and cadastral maps.
Double allocation of land by families and local authorities.
Weak enforcement of judgments.
Political interference in communal disputes.
Emotional and cultural attachment to ancestral lands.
Proper legal guidance and early intervention help reduce these risks.
Legal Remedies Available
If you are a victim of a boundary dispute, the following remedies are available:
Declaration of Title to Land
Order of Injunction (to restrain trespassers)
Order of Specific Performance (for sale agreements)
Damages for Trespass
Order of Demolition or Eviction
Order of Rectification (for defective surveys or records)
Frequently Asked Questions (FAQs)
Q1: Who handles boundary disputes in Ogun State?
Boundary disputes between individuals are handled by the High Court of Ogun State, while disputes between communities are managed by the Ogun State Boundary Commission.
Q2: Can the police settle boundary disputes?
No. The police can only maintain peace but cannot determine ownership or boundary rights.
Q3: How long does a boundary case take in Ogun State?
It depends on the complexity—ADR may take 1–3 months, while litigation may last 6 months to 3 years.
Q4: What documents do I need to prove ownership?
Deed of Assignment, Survey Plan, Receipts, Governor’s Consent, or any document showing lawful possession.
Q5: Can I build on disputed land?
It is unwise to build until the dispute is settled; doing so can lead to demolition or loss.
Q6: Is mediation binding?
Mediation agreements at the Ogun Multi-Door Courthouse are binding once signed by both parties.
Q7: How can a lawyer help me?
A property lawyer reviews your documents, liaises with authorities, and ensures your rights are not violated.
Conclusion
Boundary disputes can be stressful, expensive, and time-consuming, but with the right legal and professional guidance, they can be resolved peacefully and lawfully.
In Ogun State, the key to success lies in proper documentation, accurate survey, early legal consultation, and cooperation with recognized authorities. Whether you’re facing an encroaching neighbour, conflicting family claims, or overlapping community boundaries, you don’t have to face it alone.
