Challenging Illegal Property Sales in Lagos: A Legal Guide for Buyers and Owners

Introduction

Property transactions in Lagos can be complex, lucrative, and unfortunately, often fraudulent.
Every year, countless buyers lose millions of naira to illegal land sales, double allocation, forged documents, and fraudulent agents who take advantage of unsuspecting investors.

Despite numerous land verification systems and reforms by the Lagos State Government, property fraud persists—largely due to ignorance of the law and failure to seek proper legal counsel before purchase.

This guide provides an in-depth explanation of how to identify, prevent, and legally challenge illegal property sales in Lagos, with practical strategies for both buyers and rightful property owners.

1. Understanding Illegal Property Sales

An illegal property sale occurs when someone sells or transfers land or property without proper legal authority or in violation of Lagos property laws.

Such sales include:

• Selling land without valid title or ownership.
• Selling government-acquired or committed land.
• Double sales (selling the same land to multiple buyers).
• Sale by impostors posing as family representatives or developers.
• Sale with forged documents (fake C of O, receipts, or surveys).

2. The Legal Framework Governing Property Sales in Lagos

The major laws regulating property ownership and transactions in Lagos are:

1. Land Use Act, Cap L5, LFN 2004 – Vests all land in the Governor and regulates allocation, ownership, and transfer.
2. Lagos State Land Registration Law, 2015 – Governs registration of property interests.
3. Property and Conveyancing Law of Western Nigeria, 1959 – Regulates conveyancing and contract of sale.
4. Criminal Law of Lagos State, 2011 – Penalizes fraud, forgery, and false pretence.
5. Stamp Duties Act and Land Instruments Registration Law – Mandates stamping and registration for legal validity.

These laws form the foundation for determining ownership, consent, and validity of property transactions.

3. Common Forms of Illegal Property Sales in Lagos

1. Double Sales: Selling the same plot to more than one buyer.
2. Sale by Non-Owners: Fraudsters or agents posing as owners or family representatives.
3. Forgery of Documents: Use of fake survey plans, C of O, or Governor’s Consent.
4. Sale of Government Land: Transactions on committed or acquisition zones without excision or release.
5. Unauthorized Family Sales: Sales without consent of family head and principal members.
6. Developer Fraud: Sale of unapproved layouts or fictitious estates.
7. Fraudulent Power of Attorney: Fake authorizations used to sell land.

4. Legal Requirements for a Valid Property Sale in Lagos

For a property sale to be legally valid:

1. The seller must have good title to the property.
2. There must be a written and executed agreement (Deed of Assignment or Sale).
3. The transaction must receive Governor’s Consent under the Land Use Act.
4. The document must be stamped and registered at the Lagos Lands Registry.
5. The property must be free from encumbrance (no mortgage, dispute, or lien).

Failure to comply with any of these requirements makes the sale defective or voidable.

5. Due Diligence Before Purchase

To avoid buying illegal property:

• Conduct a land search at the Lagos State Lands Registry.
• Verify survey coordinates at the Office of the Surveyor-General (OSGL).
• Confirm the status of the land with the Lands Bureau (whether excised or under acquisition).
• Request for Governor’s Consent and previous Deed of Assignment.
• Investigate the seller’s ownership claim (through family history, court records, or receipts).
• Consult a lawyer experienced in property transactions.

6. How to Identify a Fraudulent Property Transaction

Red Flags to Watch For

• Pressure to pay quickly without documentation.
• Refusal to allow legal or survey verification.
• Unregistered or photocopied title documents.
• Inconsistent property coordinates.
• Claim that land is under “family arrangement” but without written consent.
• Sale price significantly below market value.
• No record of excision or gazette.

A genuine transaction is never rushed or secretive.

7. Legal Remedies for Victims of Illegal Property Sales

If you have purchased land under false pretence or your property was sold illegally, Lagos law offers several remedies:

(a) Civil Remedies

1. Declaration of Title: To establish rightful ownership.
2. Revocation or Cancellation: To void fraudulent transactions.
3. Injunction: To stop trespass or construction.
4. Recovery of Possession: To regain your property.
5. Damages: For financial loss or emotional distress.

(b) Criminal Remedies

• Forgery (Section 363, Criminal Law of Lagos State): Punishable by imprisonment.
• Obtaining Property by False Pretence (Section 312): Also punishable by imprisonment.
• Conspiracy and Fraudulent Conversion: Where multiple persons are involved.

You may file a petition to the Police Special Fraud Unit (SFU) or EFCC alongside civil proceedings.

8. Steps to Challenge an Illegal Property Sale in Lagos

Step 1: Gather All Documents

Collect:

• Receipts, survey plans, and agreements.
• Proof of payment.
• Witness statements.
• Copies of any forged documents.

Step 2: File a Caveat

Enter a caveat at the Lagos Lands Registry to stop further registration or transfer.

Step 3: Report to the Authorities

File a formal complaint with:

• The Police (SFU),
• EFCC, or
• Lagos State Real Estate Regulatory Authority (LASRERA).

Step 4: Engage a Lawyer and File Suit

Your lawyer can file an Originating Summons or Writ of Summons at the High Court of Lagos State seeking:

• Declaration of ownership,
• Revocation of illegal sale,
• Injunction against trespassers, and
• Damages.

Step 5: Seek Interim Injunction

Apply for an interim injunction to restrain ongoing construction or third-party transfer while the case is pending.

9. The Role of the Court in Protecting Property Rights

The High Court of Lagos State (Land Division) has jurisdiction to:

• Determine ownership disputes.
• Interpret conveyances and family consent.
• Revoke fraudulent registrations.
• Enforce restitution and recovery of land.

The court prioritizes justice and equity over procedural errors when fraud is proven.

10. Important Legal Principles Governing Fraudulent Property Transactions

1. Nemo Dat Quod Non Habet:
   No one can transfer a better title than he possesses.
2. Fraud Vitiates All Transactions:
   Any sale obtained through fraud is void ab initio.
3. Equity Aids the Vigilant:
   Delay or inaction can weaken your case—act swiftly once fraud is discovered.
4. Possession Is Not Ownership:
   Occupation does not confer legal title without valid documentation.

11. Relevant Case Law on Illegal Property Sales in Lagos

1. Ogunleye v. Oni (1990) 2 NWLR (Pt.135) 745:
   The court held that possession without valid title is insufficient.
2. Elias v. Omo-Bare (1982) 5 SC 25:
   Purchasers must verify the vendor’s title; ignorance is no defence.
3. Akpan v. Utin (1996) 7 NWLR (Pt.463) 634:
   Fraudulent sales by impostors are void.
4. Okwuosa v. Okwuosa (2010) 5 NWLR (Pt.1188) 564:
   Double sale renders subsequent purchaser’s title defective.

12. Remedies Available to True Owners

If your land was sold fraudulently:

• File a declaratory action for ownership.
• Apply for revocation of registered deed.
• Seek injunctions against trespassers or developers.
• Pursue criminal prosecution of fraudsters.
• Report illegal surveyors to Surveyors Council of Nigeria (SURCON).

13. Lagos State Agencies That Handle Property Fraud

1. Lagos State Lands Bureau – Verifies land allocation and excision.
2. Office of the Surveyor-General of Lagos State (OSGL) – Confirms survey authenticity.
3. Lagos State Real Estate Regulatory Authority (LASRERA) – Regulates developers and agents.
4. Lagos State Physical Planning Permit Authority (LASPPPA) – Approves building layouts.
5. Special Fraud Unit (SFU) – Investigates criminal property fraud.

14. Recovering Your Money or Property

If you discover you were defrauded:

1. Demand a refund from the seller through your lawyer.
2. File civil action for recovery and damages.
3. Report to the police or EFCC.
4. Apply for attachment orders on the fraudster’s assets.
5. If property still exists, seek court-ordered repossession.

15. Legal Distinction Between Void and Voidable Sales

• Void Sale: Has no legal effect (e.g., sale of government land).
• Voidable Sale: Remains valid until set aside (e.g., sale without full consent).

Knowing this distinction helps determine your legal strategy.

16. Role of Lawyers in Preventing Property Fraud

Engaging a property lawyer ensures:

• Verification of seller’s title.
• Conduct of land searches and due diligence.
• Drafting and registration of agreements.
• Legal perfection of title (Governor’s Consent).
• Protection against illegal or double transactions.

At Chaman Law Firm, we handle full-cycle real estate verification and litigation services for both local and diaspora clients.

17. How Diaspora Nigerians Can Protect Their Lagos Property

Many Nigerians abroad fall victim to illegal sales due to distance and misplaced trust.
To protect your property:

• Appoint a trusted lawyer as Power of Attorney holder.
• Avoid unverified agents or family intermediaries.
• Register your title and perfect documentation.
• Periodically verify your property status at the Lands Registry.
• Maintain digital copies of all records.

18. When the Fraud Involves a Family Property

Fraudulent sales of family land without consent are voidable.
Any member of the family may challenge such sale if:

• Consent of family head and principal members was not obtained.
• Money was diverted.
• Sale exceeded the seller’s authority.

Courts will uphold family ownership when the sale violates customary law and equitable principles.

19. Impact of Technology on Property Verification in Lagos

Modern innovations now enable faster verification:

• Lagos Land Information System (LAGIS) for land records.
• Digital Survey Database for beacon verification.
• LASRERA online registry for developers and agents.
• GIS mapping for property coordinates.

Buyers can now verify authenticity without physical presence.

20. Steps to Perfect Title After Purchase

Even after a genuine purchase, title must be perfected to ensure legality.
This involves:

1. Governor’s Consent.
2. Stamp Duty Payment.
3. Registration at Lands Registry.
4. C of O or Deed Collection.

Failure to perfect title leaves buyers vulnerable to fraudulent claims.

21. Frequently Asked Questions

Q1: Can I recover land bought from a fraudster?

Yes, if you prove fraud and trace ownership to the true owner.

Q2: Can a void sale be corrected by refund?

No. Refund does not validate an illegal transaction.

Q3: What if I bought land from a family head without other members’ consent?

Sale is voidable; family can challenge it in court.

Q4: What documents prove ownership?

Registered Deed of Assignment, C of O, Governor’s Consent, or allocation letter.

Q5: Can a property lawyer stop fraud?

Yes. Proper due diligence by a lawyer prevents 90% of property fraud in Lagos.

22. Role of the Police, EFCC, and the Courts

• Police (SFU): Investigate criminal property fraud.
• EFCC: Handles economic and large-scale property fraud.
• Court: Adjudicates ownership and restitution.

Civil and criminal actions can proceed simultaneously for effective remedy.

23. Case Example: Illegal Sale in Ajah

Scenario:
A buyer paid ₦45 million for a plot in Ajah from a man posing as the family head. After construction began, the real family surfaced with documents proving no consent was given.

Action Taken:
Our firm filed for declaration of title, injunction, and refund. Court voided the sale, ordered demolition of encroaching structures, and awarded damages.

This underscores the power of due diligence and prompt legal intervention.

24. How to Avoid Property Fraud in Lagos

1. Never buy land without lawyer verification.
2. Always confirm survey coordinates and title registration.
3. Deal only with registered real estate developers.
4. Verify Governor’s Consent and excision status.
5. Retain receipts, contracts, and correspondence.
6. Use bank transfers for traceability.

25. Lagos Government’s Efforts Against Property Fraud

The Lagos State Government has intensified efforts through:

• LASRERA Act (2020) to regulate estate agents.
• Digital C of O issuance for authenticity.
• Centralized property database.
• Public prosecution of fraudulent land sellers.

26. Importance of Legal Representation

Only qualified legal representation can:

• Draft enforceable sale agreements.
• Prevent signing defective documents.
• Secure your interests during disputes.
• Pursue restitution aggressively in court.

Your first line of defence in Lagos real estate is a competent property lawyer.

27. Lessons for Property Owners

If you already own property in Lagos:

• Regularly visit your site to prevent encroachment.
• Revalidate title documents every few years.
• Obtain litigation search certificates before resale.
• Appoint trusted agents or lawyers to monitor your assets.

28. Emerging Trends: Real Estate Scams and Social Media Sales

With digital marketing, fraudsters now sell “estates” online using edited photos and fake approval numbers.
Before paying any developer or realtor:

• Verify company registration on LASRERA portal.
• Inspect physical location.
• Request government layout approval.

29. How Chaman Law Firm Protects Property Buyers and Owners

Our firm provides:

• Pre-purchase legal verification and land search.
• Representation in fraud recovery and restitution.
• Title perfection and Governor’s Consent processing.
• Litigation and ADR for illegal property transactions.
• Legal advisory for diaspora investors.

We ensure clients acquire property safely, confidently, and lawfully.

30. Conclusion

Illegal property sales remain one of Lagos’ most pressing real estate challenges.
However, with knowledge, vigilance, and professional legal guidance, every buyer or owner can protect their investments.

Whether you’re purchasing land, defending ownership, or recovering losses, Lagos law offers strong remedies for justice.

Call to Action

Are you a victim of illegal property sale or seeking to verify a transaction?
Our firm provides trusted legal representation to recover your property, secure your title, and protect your investment.

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