Introduction

Land encroachment is a common legal challenge many property owners in Nigeria face. It occurs when another individual or entity unlawfully trespasses or occupies part of your land. Protecting your property and addressing such issues promptly is crucial to avoid prolonged disputes or loss of your legal rights. This article provides a comprehensive guide on the legal steps to take when your land has been encroached upon, ensuring you are informed and empowered to act decisively.

What Is Land Encroachment?

Land encroachment refers to the unauthorized occupation, use, or construction on someone else’s land without permission. It could involve deliberate actions, such as a neighbor building beyond their boundary, or unintentional ones, such as a misinterpretation of property lines. Regardless of intent, encroachment infringes on your property rights and demands swift legal action.

Common Causes of Land Encroachment

1. Boundary Disputes: Poorly demarcated or undefined boundaries often lead to misunderstandings and encroachments.
2. Fraudulent Land Deals: Unscrupulous individuals may sell or occupy land illegally.
3. Land Grabbing: Some individuals or groups intentionally seize land, relying on the owner’s inability to respond promptly.
4. Errors in Land Surveys: Mistakes in original land surveys can lead to overlapping claims.

Legal Steps to Address Land Encroachment

1. Confirm Ownership and Boundaries

The first step in addressing encroachment is to establish the boundaries of your land. This can be done by:

• Reviewing Your Title Documents: Confirm ownership through legal documents such as the Certificate of Occupancy (C of O), Deed of Assignment, or Survey Plan.
• Hiring a Licensed Surveyor: Engage a professional surveyor to verify the boundaries of your property using your survey plan and existing boundary markers.

2. Gather Evidence of Encroachment

Evidence is critical in proving encroachment. Compile the following:

• Photographic Evidence: Take clear pictures of the encroachment.
• Surveyor’s Report: Obtain a detailed surveyor’s report highlighting the encroachment.
• Witness Testimonies: If neighbors or other witnesses observed the encroachment, their testimonies can support your case.

3. Send a Formal Notice to the Encroacher

Before resorting to litigation, notify the encroacher about their actions and request that they vacate your land. This can be done by:

• Drafting a Letter of Complaint: Clearly outline your grievances and the steps you expect the encroacher to take to resolve the issue.
• Engaging a Lawyer: Have a legal expert draft and serve the notice to add credibility and urgency to your complaint.

Legal Remedies for Land Encroachment

If the encroacher fails to vacate or comply with your notice, you can pursue legal remedies through the courts. These include:

1. Injunctions

An injunction is a court order compelling the encroacher to stop any further activity on your land. This remedy is particularly useful in preventing ongoing construction or development.

2. Recovery of Possession

You can file a lawsuit to recover possession of the encroached land. The court may order the encroacher to vacate and return the land to its rightful owner.

3. Damages

If the encroachment caused financial losses, such as destruction of property or loss of use, you may be entitled to monetary compensation.

4. Criminal Action

In cases where the encroachment involves fraudulent activities, land grabbing, or trespass, you can press criminal charges against the encroacher under Nigerian law.

What the Law Says About Land Encroachment in Nigeria

The Nigerian legal framework provides several protections for property owners:

• Land Use Act (1978): Regulates land ownership and use in Nigeria, ensuring owners’ rights are protected.
• Torts Law: Covers trespass to land and allows owners to seek redress for unauthorized entry or occupation.
• Criminal Code Act: Criminalizes land grabbing and fraudulent land transactions.

Preventing Land Encroachment

1. Secure Your Title Documents

Ensure your property is properly documented. Obtain all necessary legal documents, such as a C of O, Deed of Assignment, and registered survey plan.

2. Conduct Due Diligence

Before purchasing land, verify the title and ownership through the appropriate government land registry.

3. Demarcate Your Land

Install physical boundaries such as fences or walls to deter encroachment and establish clear property lines.

4. Regular Monitoring

Frequently inspect your property to detect early signs of encroachment and address them promptly.

Why Acting Swiftly Is Crucial

Delays in addressing land encroachment can have serious consequences:

• Loss of Evidence: Over time, it may become harder to gather evidence of the original boundaries.
• Legal Prescriptions: Encroachers may claim adverse possession after a prolonged period of occupation.
• Increased Costs: Prolonged disputes can result in higher legal and surveyor fees.

How Chaman Law Firm Can Help

At Chaman Law Firm, we specialize in property law and are committed to helping you protect your land rights. Our expert team can assist you with:

• Title verification and documentation.
• Drafting and serving legal notices.
• Representing you in court to recover encroached land.
• Advising on preventive measures to safeguard your property.

Frequently Asked Questions (FAQs)

1. What should I do if I discover someone building on my land?

Immediately gather evidence, consult a lawyer, and serve the encroacher with a formal notice. If they fail to comply, pursue legal remedies through the courts.

2. Can I remove an encroacher without going to court?

While it may be tempting, taking physical action to remove an encroacher without legal approval can backfire. It is best to follow due legal processes.

3. How long do I have to file a lawsuit for encroachment?

Under Nigerian law, statutes of limitation vary depending on the circumstances, but it’s always advisable to act promptly to avoid losing your rights.

Conclusion

Land encroachment can be a distressing experience, but understanding your legal rights and remedies can empower you to act decisively. By following the steps outlined in this guide, you can protect your property and seek justice against unauthorized occupants.

Call us at 08065553671 or email us at info@chamanlawfirm.com to schedule a consultation.

 Our offices are conveniently located in Lagos, FCT Abuja, Ogun State, and the UK. We are readily available to assist you with your legal needs.

For professional legal assistance, Chaman Law Firm is here to help.

Whether you need guidance on property disputes or title perfection, our experienced team is dedicated to providing top-notch legal services tailored to your needs.

Act today to protect your property and secure your future!