What Step Should I Take if Someone Encroaches on My Lekki Land?
Introduction
Owning land in Lekki is one of the most rewarding investments anyone can make in Lagos today. The area’s rapid urban development, high demand for property, and luxurious estates have made it one of the most desirable real estate locations in Nigeria. However, with this boom comes a major challenge: land encroachment.
Encroachment occurs when someone unlawfully enters, occupies, or builds on another person’s land without permission. It is one of the most common property-related problems in Lekki due to the high value of land and the complex nature of ownership and documentation. In some cases, encroachers are ignorant of boundaries; in others, they are deliberate land grabbers exploiting weak documentation or absent landowners.
For property owners—especially those living abroad or with undeveloped plots—knowing what steps to take when someone encroaches on your Lekki land is crucial. Acting swiftly, strategically, and legally can mean the difference between recovering your property and losing it permanently.
This article provides an in-depth guide on how to handle encroachment legally and effectively in Lekki. It explains what encroachment means under Nigerian law, the legal processes for reclaiming your land, evidence requirements, preventive measures, and remedies available to victims. It also includes a practical case study, frequently asked questions (FAQ), and a professional call-to-action from Chaman Law Firm, a trusted authority in Lagos property law.
Understanding Land Encroachment
Land encroachment simply means that someone has extended their boundary or occupied a portion of your land without legal right. In Lekki, encroachment often occurs in the following ways:
A neighbor’s fence crosses into your property boundary.
A developer begins construction on a portion of your land.
Omo Onile (traditional landowners) resell a land you already bought.
A stranger takes possession of your vacant land without authorization.
Estate developers expand layouts beyond their approved boundaries.
Encroachment may be unintentional (arising from survey mistakes) or deliberate (fraudulent or forceful entry). Whether intentional or not, it violates your proprietary rights and can be challenged legally.
Why Land Encroachment Is Common in Lekki
Several factors make Lekki particularly prone to encroachment:
High Demand for Land: With skyrocketing property values, land grabbers see Lekki as a profitable target.
Fragmented Land Ownership: Multiple family claims and overlapping titles create confusion.
Unclear Surveys: Poorly drawn or unverified survey plans lead to boundary disputes.
Absentee Ownership: Many investors reside abroad and fail to monitor their property physically.
Estate Expansion: Developers sometimes extend layouts into neighboring properties.
Government Acquisition Confusion: Some properties fall under government-acquired land, and fake sellers exploit this.
Legal Framework Protecting Landowners
Nigeria’s property laws provide several layers of protection for landowners, especially in Lagos. The key legal instruments include:
Land Use Act (1978): Vests all land in each state in the Governor, who grants rights of occupancy.
Property and Conveyancing Law of Western Nigeria: Regulates land ownership and transfer.
Lagos State Property Protection Law (2016): Specifically targets land grabbing, illegal sales, and forceful occupation.
Survey Coordination Act: Guides the preparation and authentication of survey plans.
High Court of Lagos State (Civil Procedure) Rules: Provides procedures for filing land-related cases.
Under these laws, any unauthorized entry, occupation, or interference with your land constitutes trespass or encroachment, which can be challenged both civilly and criminally.
Types of Encroachment in Lekki
Encroachments in Lekki generally fall under three categories:
Minor Encroachment: A boundary fence or structure slightly crosses the survey line. This can be resolved through negotiation or re-surveying.
Major Encroachment: A significant portion of land is occupied or built upon by someone else.
Total Encroachment: The entire land is taken over or resold to another party, often requiring legal recovery.
Regardless of the type, the earlier you act, the better your chances of successful resolution.
Immediate Steps to Take When You Discover Encroachment
1. Stay Calm and Avoid Confrontation
Do not engage in physical confrontation or self-help. Many landowners react emotionally, which often leads to violence, arrest, or further complications. Lagos law prohibits self-help; only lawful and documented processes are recognized.
2. Contact a Property Lawyer Immediately
Your first move should be to engage a property lawyer familiar with Lekki real estate. The lawyer will assess your documents, evaluate the encroachment, and determine the best legal steps to take. Never confront an encroacher without consulting a lawyer.
3. Engage a Licensed Surveyor for Verification
Your lawyer will work with a registered surveyor to confirm your land coordinates and compare them with the encroacher’s survey. A re-survey will establish the extent of overlap or invasion. The surveyor may prepare an Encroachment Report which becomes critical evidence in court or during negotiation.
4. Gather Evidence Immediately
Document every detail of the encroachment. Take clear photographs and videos showing the illegal structure, construction materials, or occupation. Keep copies of your land documents—such as the Deed of Assignment, Survey Plan, Receipt, and Governor’s Consent. Record dates, names, and witnesses who observed the encroachment.
5. Issue a Notice of Trespass
Your lawyer will issue a Notice of Trespass or Cease and Desist Letter to the encroacher, giving them a formal warning to vacate the property. This serves as legal notice that their presence or construction is unauthorized. Many encroachers retreat once they receive such a notice from a recognized legal firm.
6. Report to the Lagos State Task Force on Land Grabbers
If the encroacher refuses to vacate or continues construction, your lawyer can petition the Lagos State Task Force on Land Grabbers, under the Ministry of Justice. This task force investigates complaints, arrests offenders, and enforces state laws on property rights. They operate specifically to help victims of land invasion and illegal occupation.
7. Report to the Police or EFCC (If Fraud Is Involved)
If the encroachment involves document forgery or fraudulent resale, the Economic and Financial Crimes Commission (EFCC) or the Special Fraud Unit (SFU) can be petitioned. Police intervention may be necessary to maintain peace and stop illegal construction.
8. File a Civil Action for Recovery of Land
When other methods fail, your lawyer will file a case at the High Court of Lagos State (Land Division) seeking:
Declaration of ownership.
Recovery of possession.
Damages for trespass.
Injunction to restrain the encroacher.
Demolition order (if a building has been erected).
This ensures judicial determination of ownership and permanent protection of your land.
9. Register a Caveat or Caution at the Land Registry
A caveat prevents fraudulent resale or further transactions on your land while the case is pending. It acts as public notice to potential buyers and ensures that the encroacher cannot transfer or mortgage the property.
10. Execute Judgment
If the court rules in your favor, your lawyer will enforce the judgment. The Sheriff of the court and police may be involved in removing illegal structures and restoring possession.
Alternative Dispute Resolution (ADR)
While litigation is effective, it can be time-consuming. In certain cases, mediation or arbitration offers faster results. The Lagos Multi-Door Courthouse provides formal mediation services for land disputes, while many estates have internal resolution committees. ADR is best suited when the encroachment is minor or results from genuine misunderstanding.
Penalties for Encroachment and Land Grabbing
Under the Lagos State Property Protection Law (2016):
Forceful entry or illegal occupation carries up to 10 years imprisonment.
Fraudulent sale of land attracts up to 21 years imprisonment.
Violent or armed land grabbing carries up to 15 years imprisonment.
Forging land documents may lead to 14 years imprisonment.
These laws protect landowners and send a strong message that encroachment will not be tolerated.
Case Study: How a Lekki Landowner Reclaimed His Land from an Encroacher
In 2021, Mrs. Nnamdi, a Nigerian businesswoman based in the United Kingdom, purchased two plots of land in the Chevron axis of Lekki. The land was properly documented with a Deed of Assignment, registered survey, and Governor’s Consent.
Two years later, while she was abroad, she learned that an unknown developer had fenced and started constructing a duplex on one of her plots. Shocked and confused, she contacted Chaman Law Firm to handle the situation.
The firm immediately engaged a licensed surveyor who verified that the coordinates of the duplex overlapped her land. The lawyers issued a Notice of Trespass to the developer and filed a petition to the Lagos State Task Force on Land Grabbers. The Task Force investigated and confirmed that the developer purchased the land from an Omo Onile who had no legal title. The construction was stopped.
Chaman Law Firm filed a civil action at the High Court of Lagos State seeking declaration of ownership, injunction, and recovery of possession. The court ruled in her favor, declaring her title valid and ordering demolition of the illegal structure. The land was restored to her, and she later developed a mini-estate on it.
This case illustrates how proper documentation, timely legal intervention, and professional representation can protect landowners in Lekki from losing valuable property to encroachers.
Preventive Measures for Landowners
Fence and Gate Your Land Immediately: Unfenced lands are easy targets for encroachers.
Install Signboards with Ownership Details: Display your name, lawyer’s contact, and “This Land Is Not for Sale.”
Verify All Purchases Thoroughly: Conduct searches at the Land Registry and Surveyor-General’s office before buying.
Engage Local Security: Employ estate security or vigilantes to watch over undeveloped plots.
Register Your Land Properly: Perfect your title by obtaining Governor’s Consent or C of O.
Retain All Documents: Keep physical and digital copies of every receipt, survey, and correspondence.
Appoint a Property Manager or Lawyer: Especially if you live abroad, to oversee periodic inspections.
Report Suspicious Activity Early: If you notice signs of construction, act immediately—do not delay.
Costs Involved in Legal Recovery
The cost of reclaiming land varies based on the complexity of the case. Legal fees, survey verification, court filing, and enforcement can range from ₦500,000 to several million naira. However, these costs are minimal compared to losing a property worth hundreds of millions. Many firms, including Chaman Law Firm, offer flexible payment structures and legal representation that prioritize results and protection of client interests.
Emotional and Financial Impact of Encroachment
Encroachment causes both emotional and financial distress. Landowners often experience anxiety, anger, and helplessness. Financially, it leads to loss of value, litigation costs, and sometimes demolition or rebuilding expenses.
However, with swift action and legal guidance, landowners can recover their property and prevent recurrence. The key is immediate response — delay empowers encroachers.
FAQs
1. What should I do first when I notice someone building on my land?
Contact a property lawyer immediately. Do not engage in physical confrontation. A lawyer will verify ownership and stop further development legally.
2. Can I involve the police directly?
Yes, but police cannot determine ownership. They can only maintain peace or stop illegal construction. Ownership disputes are decided by the court or through mediation.
3. How long does it take to recover my land through court?
Depending on the complexity, it may take between 6 months to 3 years. However, interim injunctions can stop encroachers within weeks.
4. Can I get compensation for damages?
Yes. The court can award damages for trespass, loss of use, or emotional distress.
5. Can I still recover land sold illegally to another person?
Yes, if you can prove that your title is superior. The fraudulent sale will be voided.
6. What if the encroacher claims ownership documents too?
Your lawyer will verify authenticity through the Land Registry and Surveyor-General’s office. Forgeries are common but detectable.
7. Is fencing enough to prevent encroachment?
Fencing helps, but it should be combined with legal perfection of title and regular monitoring.
8. What if my neighbor’s fence crosses my boundary slightly?
You can resolve minor overlaps through re-survey and negotiation before escalating legally.
9. How can I protect my land while living abroad?
Appoint a lawyer or property manager in Lagos to conduct periodic checks and file caveats at the Land Registry.
10. Can the government help recover my land?
Yes. The Lagos State Task Force on Land Grabbers assists victims of illegal occupation and fraud.
Conclusion
Land in Lekki is one of the most valuable investments you can own in Nigeria, but it also attracts serious risks from encroachment and fraud. The key to protecting your land is swift legal action, proper documentation, and professional representation.
If someone encroaches on your land, do not panic and do not engage in self-help. Contact a reputable property lawyer immediately to handle the matter legally and decisively. The earlier you act, the better your chances of recovery.
Chaman Law Firm specializes in property law, land recovery, due diligence, and legal representation for both local and diaspora investors. Our experienced lawyers work closely with government agencies such as the Lagos State Task Force on Land Grabbers to ensure justice and secure your investment.
Contact Us
📞 0806 555 3671, 08096888818, 08024200080📧 chamanlawfirm@gmail.com📍 Chaman Law Firm 115, Obafemi Awolowo Way, Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos🌐 www.chamanlawfirm.com👉 Book a consultation now: www.chamanlawfirm.com/book-consultationYour right, we protect. Let us help you reclaim and safeguard your Lekki land — legally, professionally, and permanently.
