How Do I Recover Possession of a Squatted Property in Lekki?
Introduction
Owning property in Lekki, Lagos, represents not only a financial milestone but also a symbol of security and prosperity. The district, with its blend of luxury estates, prime commercial zones, and scenic waterfronts, remains one of Nigeria’s most desirable real estate hubs. Yet, beneath this vibrant property market lies an unsettling challenge that has frustrated many property owners — squatting.
Squatting refers to the illegal occupation of land or a building without the owner’s consent. It occurs when individuals move into a property they have no legal right to possess and refuse to vacate. In Lekki, this problem has grown in complexity due to the area’s high property value, constant influx of new residents, and the activities of organized land grabbers.
Many property owners — both residents and diaspora Nigerians — have returned to discover strangers living in or leasing their properties without authorization. Some find tenants occupying their houses long after tenancy agreements have expired, while others face illegal occupants who manipulate the system to delay eviction. Recovering possession of squatted property in Lekki is a legal process that requires strategy, documentation, and professional representation.
This article provides a detailed, step-by-step explanation of how to lawfully recover possession of your squatted property. It covers the legal procedures under Lagos tenancy laws, the criminal implications of squatting, preventive measures, and real-life case studies. It also includes a comprehensive FAQ section and concludes with expert advice and a professional call-to-action from Chaman Law Firm, a leading Lagos-based property and real estate law firm.
Understanding Squatting in the Context of Lekki Real Estate
Squatting in Lekki typically occurs in two main forms — illegal entry and unlawful holding over. Illegal entry happens when a person or group occupies a vacant building or land without permission. Unlawful holding over occurs when a former tenant, caretaker, or occupant refuses to vacate after the expiration or termination of their legal right to possess the property.
In a city like Lagos, especially in high-demand areas such as Lekki Phase 1, Chevron, Ikate, Ajah, and Ibeju-Lekki, squatting has evolved into a sophisticated operation. Some squatters are individuals seeking shelter, while others are part of organized syndicates who break into empty properties and lease them to unsuspecting tenants.
Recovering possession from squatters involves invoking your rights under Lagos property laws — most notably, the Lagos State Tenancy Law 2011, the Recovery of Premises Law of Lagos State, and the Lagos State Property Protection Law (2016), which criminalizes land grabbing and forceful occupation.
Legal Framework for Property Recovery in Lagos
Several laws protect property owners and regulate the process of recovering possession:
Recovery of Premises Law of Lagos State (Cap R4, Laws of Lagos 2015): Provides legal procedures for evicting unlawful occupants or tenants.
Lagos State Tenancy Law (2011): Defines the relationship between landlords and tenants and outlines eviction procedures.
Lagos State Property Protection Law (2016): Criminalizes forceful occupation and protects property owners from land grabbers.
Land Use Act (1978): Vests ownership of land in the Governor, recognizing property titles issued through Certificates of Occupancy and Governor’s Consents.
Criminal Code Act: Classifies unlawful entry and occupation as criminal trespass, punishable by imprisonment.
These laws ensure that property owners can recover possession lawfully, provided they follow due process and avoid self-help or violent eviction.
Why Squatting Is Common in Lekki
Lekki’s booming property market attracts investors, but it also attracts opportunists. The major reasons for squatting in the area include:
Vacant or Unattended Properties: Many Lekki property owners live abroad, leaving their properties empty and unsupervised for months.
Expired Tenancy Agreements: Some tenants refuse to vacate after expiration, exploiting the slow eviction process.
Weak Security: Unfenced or unguarded properties are easy targets for illegal occupation.
Fraudulent Agents and Caretakers: Unscrupulous agents rent out vacant houses without the owner’s consent.
Slow Legal Awareness: Many owners are unaware of their legal remedies and delay taking action.
The Legal Distinction Between a Tenant and a Squatter
It is essential to distinguish between a tenant and a squatter to know which recovery procedure applies.
Tenant: A tenant entered the property lawfully under an agreement but has overstayed after termination or failed to renew rent. Eviction must follow the Recovery of Premises Law.
Squatter: A squatter entered without any permission or title. Recovery may involve both civil and criminal actions under the Property Protection Law and Criminal Code.
In practice, your lawyer must first establish whether the occupant is a tenant, licensee, or trespasser before initiating recovery proceedings.
Steps to Recover Possession of a Squatted Property in Lekki
1. Do Not Use Self-Help or Force
Many property owners are tempted to forcibly eject squatters or demolish structures. This approach is dangerous and illegal under Lagos law. The Lagos State Property Protection Law expressly forbids the use of self-help. You must act through lawful channels.
2. Contact a Property Lawyer Immediately
Engage a competent real estate lawyer familiar with Lagos property litigation. The lawyer will:
Review your title documents to establish ownership.
Confirm whether the occupant has any tenancy or license.
Advise on the appropriate recovery method — civil, criminal, or both.
Issue the necessary legal notices or petitions.
3. Conduct a Background Verification
Before initiating any legal action, it is advisable to identify who the squatters are. Are they individuals, illegal tenants, or agents leasing your property without consent? Your lawyer can investigate through estate associations, security guards, or community leaders.
4. Gather Documentary and Physical Evidence
Evidence is vital in recovery proceedings. You should:
Obtain copies of your Deed of Assignment, Certificate of Occupancy, or Governor’s Consent.
Take photographs and videos showing occupation or damage.
Keep all correspondences, receipts, or messages with any occupants.
Get written statements from neighbors or estate security confirming illegal possession.
5. Serve a Notice to Quit (if the Occupant Was Once a Tenant)
If the squatter was a tenant who overstayed, your lawyer must issue a Notice to Quit, stating the termination date. The length of notice depends on the tenancy type:
One week for weekly tenancy.
One month for monthly tenancy.
Three months for yearly tenancy.
After the notice expires, a 7-day Owner’s Intention to Recover Possession Notice must follow. Failure to serve these notices can invalidate your case.
6. Serve a Notice of Trespass (if the Occupant Is an Illegal Squatter)
If the occupant never had permission, your lawyer will issue a Notice of Trespass or Demand for Immediate Vacant Possession. This notifies them that they are unlawfully occupying the property and warns of legal action.
7. Petition the Lagos State Task Force on Land Grabbers
If the squatting involves forceful occupation, threats, or organized land grabbing, your lawyer can file a petition with the Lagos State Special Task Force on Land Grabbers. The Task Force investigates and prosecutes offenders under the Property Protection Law.
8. File a Civil Action at the High Court
When notices and petitions fail, your lawyer will institute a civil action at the High Court of Lagos State (Land Division) for recovery of possession. The claim typically includes:
Declaration of ownership.
Recovery of possession.
Injunction restraining further occupation.
Damages for trespass or loss of use.
9. Seek a Criminal Prosecution (If Applicable)
If the squatters gained access by fraud, force, or document forgery, they can be prosecuted for:
Criminal trespass.
Forgery.
Obtaining property under false pretenses.
The Lagos State Property Protection Law (Section 3–7) provides jail terms of 10–21 years for such offenses.
10. Enforce the Court Judgment
Once the court grants judgment in your favor, your lawyer will apply for a Warrant of Possession. The Sheriff, assisted by the police, will evict the squatters lawfully. Attempting to enforce judgment without the Sheriff’s supervision is illegal.
Practical Measures After Recovering Your Property
Once possession is recovered:
Change locks and reinforce gates.
Fence or secure vacant land.
Install CCTV and engage security guards.
Display “No Trespassing” and ownership signage.
Notify estate associations or neighbors of your ownership.
Consider short-term rental or caretaker occupation to prevent re-entry.
The Role of the Lagos State Task Force on Land Grabbers
The Lagos State Task Force on Land Grabbers was established in 2016 to enforce the Property Protection Law. It assists landowners by:
Investigating reports of forceful occupation.
Mediating between complainants and occupants.
Arresting and prosecuting land grabbers.
Coordinating with police and courts for enforcement.
Complaints can be filed directly at the Ministry of Justice or through your lawyer. The Task Force’s intervention often deters further encroachment and accelerates recovery.
Case Study: Recovering a Squatted Property in Lekki
In 2020, Mr. and Mrs. Akinwale, a diaspora couple based in the United States, discovered through a neighbor that strangers had moved into their duplex in the Chevron area of Lekki. The property had been vacant for a year while awaiting sale. When their relative visited, he found it occupied by tenants who claimed to have rented it from an “agent.”
The couple contacted Chaman Law Firm, which immediately took action. The firm confirmed that the “agent” was a fraudulent caretaker who had no connection to the owners. The lawyers issued a Notice of Trespass to the illegal occupants and petitioned the Lagos State Task Force on Land Grabbers.
The Task Force arrested the impostor agent and halted rent collection. A civil suit was then filed at the Lagos High Court seeking recovery of possession and damages. The court declared the couple as rightful owners and ordered immediate eviction of the squatters.
The property was recovered within five months. The firm helped the clients secure a new caretaker agreement and installed security surveillance to prevent re-entry.
This case highlights the importance of professional legal intervention and government collaboration in dealing with squatting.
Financial and Emotional Impact of Squatting
Squatting not only deprives property owners of rental income but also causes emotional distress, structural damage, and reputational loss. In Lekki, where property values are among the highest in Nigeria, squatting can mean losing millions of naira in potential revenue. Moreover, prolonged litigation or illegal occupation can depreciate property value.
However, timely legal action — backed by documentation and a competent lawyer — can prevent these losses.
Preventive Strategies for Property Owners
Always Perfect Your Title: Obtain Governor’s Consent or C of O to prove ownership.
Fence and Secure Property: A physical boundary deters intruders.
Appoint a Lawyer or Manager: For diaspora owners, hire trusted professionals to monitor property.
Avoid Leaving Buildings Vacant: Rent out or assign caretakers legally.
Install Security Systems: Use CCTV and smart locks.
Register Your Deed at the Land Registry: Public registration discourages fraud.
Join Estate Associations: Collective vigilance protects against land grabbers.
Common Mistakes Property Owners Make
Ignoring early signs of squatting.
Attempting self-help evictions.
Using unqualified agents.
Failing to verify tenant identity.
Neglecting to document agreements.
Such mistakes can prolong disputes or even reverse ownership outcomes.
FAQs
1. Can I remove squatters myself?
No. Using force is illegal. You must obtain a court order or involve the Lagos Task Force on Land Grabbers.
2. How long does it take to recover a squatted property in Lekki?
Between three to twelve months, depending on case complexity and court schedules.
3. Can I recover damages from squatters?
Yes. Courts may award damages for loss of use, trespass, and repair costs.
4. What if the squatter presents fake documents?
Your lawyer can petition the EFCC or SFU for forgery investigation.
5. Is there a time limit to reclaim my property?
Yes. Under the Limitation Law, claims must be filed within twelve years, but immediate action is advisable.
6. Can foreigners own and recover property in Lagos?
Yes, through registered companies or personal ownership under Lagos property laws.
7. What role does LASRERA play?
The Lagos State Real Estate Regulatory Authority (LASRERA) monitors estate developers and agents to prevent illegal leasing or sales.
8. What if squatters reoccupy the property after eviction?
You can apply for a new possession order and petition for contempt of court.
9. Are caretakers legally responsible if they rent my property without consent?
Yes. They can face charges for fraud and criminal breach of trust.
10. What are the key documents required in recovery cases?
Deed of Assignment, Governor’s Consent or C of O, Survey Plan, proof of payment, and tenancy or caretaker records.
Conclusion
Recovering possession of a squatted property in Lekki requires legal precision, patience, and professional representation. The process can be emotionally and financially draining, but with the right lawyer and documentation, justice is attainable. The Lagos State Government has established strong legal frameworks and enforcement agencies to protect property owners — all you need is to act quickly and correctly.
If someone has occupied your Lekki property illegally, do not attempt forceful eviction or delay action. Contact a reputable property lawyer to take immediate steps. Your property rights are protected under the law, and timely intervention ensures full recovery without risk.
Chaman Law Firm is a trusted name in property and real estate law in Lagos. We specialize in land recovery, tenancy disputes, title verification, and enforcement of possession orders. Whether you are in Nigeria or abroad, our firm provides full representation to reclaim your property safely and legally.
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 recover your squatted property in Lekki — swiftly, legally, and with absolute confidence.