Family Property Disputes in Lagos: Understanding Consent and Ownership Rights

Introduction

Family property disputes are among the most common causes of litigation in Lagos.
They arise when relatives—often siblings or extended family members—cannot agree on ownership, sale, or use of family land and houses. These conflicts, usually emotional and prolonged, cut across generations and social classes.

In Lagos, where land is an invaluable and appreciating asset, understanding the legal principles of family ownership, consent, and individual rights is critical to maintaining peace and protecting family legacy.

This guide breaks down the laws, court decisions, and practical steps every Lagos family should know when handling family property issues. Whether you are a family head, co-owner, or beneficiary, it will help you navigate your rights and obligations lawfully and strategically.

1. What Is Family Property Under Lagos Law?

Family property refers to land or other assets jointly owned by members of a family under customary law, typically inherited from a common ancestor.

In Yoruba customary practice—prevalent in Lagos—when a family head dies intestate (without a will), his property automatically devolves to his family as a collective unit. No single member owns it exclusively.

Key Features of Family Property

• Owned collectively by all members of the family.
• Managed by the Family Head (Mogaji) and principal members.
• Cannot be sold, leased, or mortgaged without family consent.
• Each member has a beneficial, not legal, interest.

2. The Legal Foundation of Family Ownership in Lagos

The laws regulating family property in Lagos derive from both customary law and statutory law, including:

1. Land Use Act, Cap L5 LFN 2004 – All land in Lagos is vested in the Governor, but ownership interests remain enforceable through customary rights.
2. Property and Conveyancing Law of Western Nigeria, 1959 (Applicable in Lagos) – Governs property transactions and consent.
3. Administration of Estates Law of Lagos State (Cap A3) – Guides inheritance when the original owner dies intestate.
4. Wills Law of Lagos State, 1990 (as amended) – Allows creation of wills that can override customary family ownership.
5. High Court Law and Customary Courts Law of Lagos State – Establish judicial authority over family disputes.

3. Characteristics of Family Property in Lagos

• Perpetual Ownership: Family property does not cease until partitioned.
• Indivisibility: No family member can claim a specific portion until the family decides otherwise.
• Inalienability: It cannot be sold or transferred without the consent of the head and principal members.
• Communal Benefit: Income from family property benefits all, not individuals.

4. Creation of Family Property

Family property can be created through:

1. Inheritance (Intestate Succession): The most common form—when the deceased leaves property without a will.
2. Gift or Settlement: A person can declare property as family property in writing or orally.
3. Purchase: Members may jointly acquire land for the family, creating family ownership automatically.

5. The Role of the Family Head (Mogaji)

The family head is the legal custodian of family property under customary law.
He holds the property in trust for the entire family.

Duties of the Family Head

• Manage family land in good faith.
• Obtain family consent before selling or leasing.
• Maintain accurate records of transactions.
• Account for proceeds or rents from the property.

Powers of the Family Head

He may:

• Represent the family in court.
• Execute documents on behalf of the family (with consent).
• Allocate portions to members for occupation.

However, he cannot sell or mortgage family property without family approval. Any sale without consent is voidable.

6. Consent in Family Property Transactions

What Is Family Consent?

It means approval by the principal members of the family (usually adult male or female elders) for any sale, lease, or mortgage of family land.

Legal Rule:

No valid alienation of family property can occur without:

1. Consent of the family head, and
2. Consent of the principal members.

Case Law:

• Ekpendu v. Erika (1959) SCNLR 186: Sale without family consent is voidable.
• Agbloe v. Sappor (1947) 12 WACA 187: Head of family cannot unilaterally sell family land.
• Elias v. Omo-Bare (1982) 5 SC 25: Purchasers must investigate family consent to avoid buying voidable title.

7. What Happens When Family Land Is Sold Without Consent

When the head or a member sells family property without due consent:

• The sale is not void, but voidable.
• The family can ratify or set it aside in court.
• A purchaser who fails to verify consent risks losing both land and money.

Who Can Challenge Such a Sale?

Any member of the family with a beneficial interest can file a suit for:

• Declaration that the sale is invalid.
• Revocation of the conveyance or assignment.
• Injunction restraining occupation.

8. Rights of Individual Family Members

Each member of the family has:

• Right of use and occupation (not ownership).
• Right to demand accountability from the family head.
• Right to share in proceeds of sale (if lawfully executed).
• Right to contest unlawful alienation.

However, individual members cannot sell or lease any part of the family land without authority.

9. Partitioning of Family Property

Family property can be divided among members through partition.

Methods:

1. Voluntary Partition: By mutual agreement.
2. Judicial Partition: By court order where members disagree.

Once partitioned, each member’s portion becomes personal property that can be sold, mortgaged, or devised by will.

10. Common Causes of Family Property Disputes in Lagos

1. Sale of family land without proper consent.
2. Mismanagement or diversion of rent by the family head.
3. Disagreement on allocation of land among descendants.
4. Non-recognition of female heirs.
5. Double sale to multiple buyers.
6. Forged documents and impersonation.
7. Unclear boundaries and overlapping claims.

11. Legal Remedies for Family Property Disputes

Aggrieved members can pursue the following legal remedies:

1. Declaratory Relief:
   A court declaration confirming family ownership or invalidating sale.
2. Injunction:
   To stop illegal sale or trespass.
3. Accounting:
   To compel the family head to produce financial records.
4. Revocation:
   To cancel fraudulent or unauthorized transactions.
5. Partition:
   To divide the property permanently.
6. Damages:
   For losses caused by unauthorized dealings.

12. Jurisdiction: Where to File Family Property Cases in Lagos

• Customary Court: Minor family land disputes or title issues under customary law.
• High Court of Lagos State: Complex or high-value property cases, partition suits, and declaratory relief.

13. Role of the Courts in Upholding Consent and Ownership

The courts act as guardians of fairness in family property matters.
They examine:

• Whether true consent was obtained.
• Whether the family head acted in good faith.
• Whether all principal members participated.

Courts balance customary practices with constitutional equality to protect widows, daughters, and minors.

14. The Position of Female Members and Widows

Historically, women were excluded from inheriting family property.
However, Lagos courts now recognize full rights of daughters and widows under the Constitution of Nigeria (1999), Section 42(1) prohibiting gender discrimination.

Landmark Cases:

• Mojekwu v. Mojekwu (1997): Struck down discriminatory customs.
• Adekoya v. Adekoya (2016): Affirmed widow’s right to share family estate.

Thus, all legitimate family members—male or female—enjoy equal rights.

15. Can Family Land Be Mortgaged or Used as Collateral?

Yes, but only with:

• Written consent of the family head and principal members, and
• Compliance with the Governor’s Consent requirement under the Land Use Act.

Unauthorized mortgages are voidable, and banks risk losing security on such land.

16. Family Trusts and Modern Legal Structures

To avoid disputes, families increasingly establish family trusts or incorporated family companies to manage property collectively.
Such structures:

• Define shareholding clearly.
• Prevent individual manipulation.
• Enable professional management and succession planning.

17. Fraudulent Family Land Transactions

Common fraudulent acts include:

• Forging signatures of principal members.
• Selling the same land to multiple buyers.
• Fabricating family consent letters.
• Misrepresenting non-family land as family property.

Victims may pursue both civil remedies (revocation, restitution) and criminal prosecution (for forgery and fraud).

18. Family Property and Wills

If the original ancestor made a will distributing family land, such will overrides customary ownership provided it complies with the Wills Law of Lagos State.

However, where the property was already dedicated as family land before death, it cannot be devised individually.

19. Sale of Family Property: Legal Checklist

Before purchasing family land:

1. Verify family lineage and genealogy.
2. Confirm authority of the family head.
3. Obtain written consent of principal members.
4. Engage a property lawyer for due diligence.
5. Perfect title at the Lagos Lands Registry.

Failure to follow these steps may result in litigation or loss of title.

20. Alternative Dispute Resolution (ADR) in Family Disputes

Litigation often damages family relationships. ADR mechanisms such as mediation, arbitration, or family settlement meetings offer peaceful resolution.

A Deed of Family Settlement, once signed and registered, is binding and enforceable in court.

21. Relevant Case Studies

Case Study 1: Sale Without Consent

A Lagos family head sold land in Ikorodu without notifying principal members.
The High Court voided the sale, holding that family consent is indispensable under customary law.

Case Study 2: Female Heir Exclusion

A daughter excluded from inheritance sued the family.
Court declared her co-owner under Section 42 of the Constitution.

Case Study 3: Double Sale

One portion of land was sold to two buyers.
Court ruled in favour of the first buyer but awarded damages against the fraudulent family members.

22. Preventive Measures for Lagos Families

1. Keep comprehensive family registers of members.
2. Maintain written meeting minutes for every transaction.
3. Execute formal family resolutions before sale.
4. Keep a title file at the Lands Registry.
5. Engage a law firm for ongoing advisory and documentation.

23. The Role of Lawyers in Family Property Disputes

Lawyers perform critical functions such as:

• Conducting title investigation.
• Drafting deeds, resolutions, and family settlements.
• Representing parties in court or mediation.
• Registering transactions with government authorities.

At Chaman Law Firm, we specialize in resolving complex family property disputes through strategic negotiation and litigation.

24. When to Seek Legal Intervention

Engage a lawyer immediately when:

• Unauthorized sale is suspected.
• There is misappropriation of rent.
• The family head refuses accountability.
• Fraudulent conveyances surface.

Early intervention prevents irreversible damage to family assets.

25. Legal Protection for Purchasers of Family Land

A purchaser acting in good faith who obtains family consent, executes a registered Deed of Assignment, and perfects title under the Land Use Act is protected under law.
However, ignorance of family ownership does not excuse due diligence failure.

26. The Future of Family Property Law in Lagos

With modernization and urban expansion, Lagos is witnessing:

• Formalization of customary ownership.
• Increasing use of family companies and trusts.
• Digital registration of land transactions.
• Legal reforms emphasizing gender equality and dispute prevention.

27. Frequently Asked Questions

Q1: Can one family member sell family land?

No. Sale without consent of head and principal members is voidable.

Q2: Who gives consent for family land sale?

Both the family head and principal members.

Q3: Can family property be willed individually?

Only after partition—when each member owns their share separately.

Q4: Can female children inherit family property in Lagos?

Yes. Lagos law guarantees equal inheritance rights regardless of gender.

Q5: What if the family head refuses to give account?

Any member can sue for an order compelling account and injunction.

28. How Chaman Law Firm Handles Family Property Disputes

At Chaman Law Firm, we:

• Conduct detailed genealogical and title investigations.
• File court actions for declaration and revocation.
• Draft family resolutions and deeds of settlement.
• Facilitate mediation to preserve family relationships.
• Represent diaspora family members in Lagos property cases.

Our approach combines law, strategy, and compassion to protect both legacy and peace.

29. Practical Example: Resolving a Family Sale Conflict

Scenario:
A widow discovers her late husband’s brothers sold family property in Surulere without her consent.

Action:
We filed a declaratory action, injunction, and accounting claim. The court voided the sale, restored possession, and ordered damages.

This reflects the court’s commitment to justice when consent is ignored.

30. Conclusion

Family property disputes are not just legal issues—they are emotional battles tied to legacy and identity.
Understanding the principles of consent, ownership, and management under Lagos law is the surest way to prevent them.

Families that embrace transparency, documentation, and professional legal guidance preserve peace and protect wealth for generations.

Call to Action

Do you have a family property dispute or need legal advice on family land in Lagos? Let us help you secure your rights, resolve disputes, and document transactions properly.

Contact Us

Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel,  Ikeja, Lagos
📞 0806 555 3671, 08096888818,

📧 chamanlawfirm@gmail.com
🌐 www.chamanlawfirm.com