Buying Family Land in Lagos: Common Challenges and Risks
Introduction
Lagos, Nigeria’s bustling commercial capital, is one of the most sought-after real estate markets in Africa. Its growing urban population, expanding infrastructure, and high property demand have made land ownership a critical investment goal for individuals, families, and corporations alike. However, one of the most complicated and high-risk types of land transactions in Lagos involves buying family land — parcels of land owned collectively by extended families, often governed by traditional, customary, and sometimes unwritten rules.
Unlike lands acquired directly from government allocations or registered estates, family lands are rooted in history, lineage, and customary inheritance systems. While they can offer attractive prices and large parcels of land, they also come with significant legal, financial, and emotional risks. Buyers who fail to navigate the complex layers of ownership and documentation often end up losing their investments or engaging in prolonged litigation.
This comprehensive article examines the common challenges and risks of buying family land in Lagos, the legal framework governing family land, and the precautionary steps every prudent investor must take. It also includes real-life case studies, legal precedents, and a FAQ section to help readers understand how to safely acquire and secure family land in Lagos.
Understanding Family Land Ownership in Lagos
Family land in Lagos is land owned jointly by a lineage, kindred, or extended family, usually acquired through inheritance, gift, or traditional ownership that predates government registration systems. Under Nigerian customary law, such land is held by the family in perpetuity for the benefit of both present and future generations.
The family’s ownership rights are typically represented by:
The family head (Mogaji or Olori Ebi), and
The principal family members or accredited representatives.
No single individual can validly sell family land without the consent of these key persons. Any sale executed without full family approval is void or voidable, depending on the circumstances.
The Supreme Court, in Ekpendu v. Erika (1959) 4 FSC 79, established that a valid sale of family land requires the joint consent of the family head and principal members. Therefore, any buyer who relies solely on the representation of one person — even if that person is the family head — risks purchasing defective title.
Legal Framework Governing Family Land in Lagos
Family land transactions are governed by a mix of customary law, statutory law, and judicial decisions, including:
The Land Use Act of 1978, which vests all land in each state in the Governor but recognizes existing customary ownership.
The Property and Conveyancing Law of 1959 (as applicable in Lagos State).
The Land Registration Law, Cap L58, Laws of Lagos State 2015.
Relevant court decisions, such as Ekpendu v. Erika, Lawal-Osula v. Lawal-Osula (1995) 9 NWLR (Pt. 419) 259, and Alo v. Ajuwon (1999) 5 NWLR (Pt. 602) 234.
Together, these legal authorities establish that family land can be sold, but only through proper consent, documentation, and registration.
How Family Land Sales Work in Practice
When a family decides to sell part of its land, the following process should typically be followed:
Family Meeting and Resolution: The head of the family convenes a meeting with principal members to agree on the sale.
Nomination of Representatives: Certain members are authorized to execute the sale on behalf of the family.
Execution of Deed of Assignment: The family, through its representatives, executes a Deed transferring ownership to the buyer.
Acknowledgment and Documentation: The buyer receives the Deed, survey plan, and relevant receipts.
Governor’s Consent and Registration: To perfect title, the buyer must obtain Governor’s Consent under Section 22 of the Land Use Act and register the title with the Lagos State Land Registry.
Failure to follow this due process exposes the buyer to legal risks and potential loss of investment.
Common Challenges in Buying Family Land
Buying family land in Lagos often presents a host of legal and practical problems. Some of the most common challenges include:
Disputed Family Authority:
In many Lagos families, especially those with multiple branches, disputes arise over who the legitimate head or representatives are. Unscrupulous members sometimes pose as family heads and sell land without proper consent.
Multiple Sales of the Same Land:
It is common for different members of the same family to sell the same plot to multiple buyers. Since family land is collectively owned, no individual can unilaterally sell, but buyers often fall victim to these fraudulent sales.
Lack of Proper Documentation:
Many family lands are inherited from ancestors and have never been formally registered. This creates ambiguity in identifying boundaries and legal ownership.
Pending Litigation:
Some family lands are already subjects of ongoing court disputes, but desperate buyers fail to investigate before purchase.
Forgery and Fraudulent Receipts:
Fake survey plans, receipts, and agreements are rampant in land transactions involving families.
Encroachment by Omo-Onile or Third Parties:
Even after purchase, buyers face harassment, extortion, or trespass by local touts claiming ownership.
Lack of Governor’s Consent:
Failure to perfect title after purchase leaves the buyer with only an equitable interest, not legal ownership.
Each of these risks can result in financial loss or prolonged litigation, making due diligence indispensable.
Legal Risks Associated with Family Land Transactions
Void or Voidable Transactions:
If family land is sold without proper consent, the sale is voidable at the instance of other family members.
Litigation Exposure:
Buyers can be sued for trespass, and courts may order demolition of any structures built on disputed land.
Loss of Investment:
Unsuspecting buyers often lose both the land and the money paid when courts declare their title invalid.
Criminal Implications:
If forged documents are used, the buyer may face police investigation or prosecution, even if innocent.
Double Ownership Claims:
A buyer may find that the land has been resold or resettled to another family, leading to multiple title conflicts.
How to Safely Buy Family Land in Lagos
1. Conduct a Proper Legal Search:
Before making payment, your lawyer should conduct a comprehensive land search at the Lagos State Land Registry, the Surveyor-General’s Office, and the Corporate Affairs Commission (if a company is involved).
2. Verify the Family Ownership Structure:
Insist on meeting the family head and principal members. Verify their identity and ensure all key representatives sign the sale documents.
3. Obtain Family Resolution Letter:
Ensure the family issues a formal letter or minutes authorizing the sale, duly signed and witnessed.
4. Engage a Registered Surveyor:
A government-licensed surveyor should chart the land coordinates to confirm it is free from government acquisition.
5. Obtain Governor’s Consent:
After execution of the Deed of Assignment, apply for Governor’s Consent under Section 22 of the Land Use Act.
6. Register Your Title:
Register your ownership at the Lagos State Land Registry to make it legally enforceable.
7. Avoid Cash Payments:
Use traceable bank transfers and obtain official receipts for every payment.
8. Retain Legal Counsel:
Work closely with a property lawyer experienced in family land transactions to guide you from negotiation to perfection.
Case Study – Buyer Loses Property to Disputed Family Sale
In 2022, Mr. Adewale, an entrepreneur, bought a two-acre parcel of land in Epe, Lagos, from a man who claimed to be the family head of the Akinola family. Adewale paid ₦45 million and immediately began fencing. Two months later, another group from the same family arrived, accusing him of buying the land illegally.
Investigations by Chaman Law Firm, representing Adewale, revealed that the supposed family head acted without the knowledge and consent of the principal members. The family had an ongoing leadership dispute before the sale.
The matter went to the Lagos State High Court, which ruled that since the sale lacked family consensus, the transaction was voidable, and the title reverted to the family. Adewale lost the land but successfully recovered part of his money after mediation.
Lesson:
Always verify the family’s internal structure and ensure that the head and principal members jointly execute all documents.
Case Study 2 – Recovering Ownership Through Proper Documentation
In 2023, UrbanVista Developers Limited, a property investment company, purchased family land in Ibeju-Lekki for estate development. The company followed due process: engaging lawyers, obtaining family consent, executing a Deed of Assignment, and perfecting Governor’s Consent.
Months later, another group from the same family sold the same parcel to a rival developer, claiming the previous sale was unauthorized. UrbanVista petitioned the Lagos State Special Task Force on Land Grabbers, which investigated and confirmed that UrbanVista’s documentation was valid and duly perfected.
The Task Force prosecuted the fraudulent sellers for land grabbing under the Lagos State Property Protection Law 2016 and reaffirmed UrbanVista’s ownership.
Outcome:
UrbanVista retained its property rights and continued its project without interruption.
Lesson:
Proper documentation, timely registration, and government recognition safeguard property rights against fraudulent family claims.
Frequently Asked Questions (FAQ)
What is family land?
It is land jointly owned by a family under customary law, inherited from ancestors, and managed by the family head and principal members.
Can one family member sell land?
No. A valid sale requires the consent of both the family head and principal members.
What documents do I need when buying family land?
Family resolution letter
Deed of Assignment
Survey plan
Receipts of payment
Governor’s Consent
What happens if the family later disputes the sale?
If proper consent was obtained and your title perfected, you are protected. Otherwise, the sale may be voidable.
Can I obtain a C of O on family land?
Yes. Once you have a valid Deed of Assignment and Governor’s Consent, you can apply for a Certificate of Occupancy.
How can I verify that the seller is the family head?
Through community verification, traditional council records, and confirmation by other family members.
What should I do if two family members sell the same land to me and another buyer?
File a civil suit for declaration of title and injunction. The court will determine who has superior claim.
Can I buy family land under company name?
Yes, provided the company complies with corporate documentation and land registration procedures.
What is the safest way to buy family land?
Always use a qualified property lawyer to handle verification, documentation, and registration.
What if the land is under government acquisition?
The purchase is invalid. Always verify land status with the Surveyor-General’s Office before payment.
Legal Precautions for Investors
Never rely solely on oral agreements or family promises.
Ensure all sale agreements are in writing, witnessed, and notarized.
Check for pending court cases involving the land.
Register all documents with the Lagos Land Registry.
Keep copies of all correspondence, payment evidence, and family meeting minutes.
Avoid dealing with intermediaries claiming to represent the family.
Always obtain Governor’s Consent — it transforms your equitable interest into legal title.
Why Family Land is Still Attractive
Despite the risks, family land remains attractive because:
It is often cheaper than land in organized estates.
It offers larger land sizes suitable for development.
Families are often open to negotiation and flexible payment structures.
However, these advantages only materialize when due diligence is done. Otherwise, the cost of resolving disputes can exceed the initial savings.
Judicial Perspective on Family Land Disputes
Nigerian courts have consistently protected genuine buyers while condemning fraudulent sales. Some notable decisions include:
Ekpendu v. Erika (1959) 4 FSC 79: Consent of head and principal members required.
Alo v. Ajuwon (1999) 5 NWLR (Pt. 602) 234: Sale by unauthorized person is voidable.
Lawal-Osula v. Lawal-Osula (1995) 9 NWLR (Pt. 419) 259: Properly executed family sale is binding.
Esan v. Faro (1947) 12 WACA 135: Buyer must exercise due diligence to verify seller’s authority.
These cases show that courts favor the diligent and punish the careless.
Conclusion
Buying family land in Lagos can be a profitable venture, but it is also fraught with significant legal risks if approached carelessly. The history of land ownership, family dynamics, and customary practices make family land transactions complex and unpredictable.
The key to success lies in diligent investigation, legal verification, and proper documentation. Engage a property lawyer, conduct exhaustive searches, and obtain Governor’s Consent. Avoid shortcuts, cash payments, and verbal promises.
Family land can offer value, but without due process, it can also become a source of endless disputes, emotional distress, and financial ruin. Always let legality, not sentiment, guide your investment decisions.
Call to Action
At Chaman Law Firm, we specialize in property law, land verification, and real estate litigation. We have successfully represented individuals, developers, and investors in family land transactions across Lagos State.
✅ Our Services Include:
Verification of family ownership and consent
Drafting and reviewing Deed of Assignment
Filing for Governor’s Consent and title registration
Representation in land disputes and litigation
Legal advisory for developers and estate projects
📞 0806 555 3671, 08096888818, 08024200080
📍 Chaman Law Firm 115, Obafemi Awolowo Way Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
👉 Book a consultation now: www.chamanlawfirm.com/book-consultation
Don’t gamble with your investment.
Before buying family land in Lagos, consult Chaman Law Firm for professional legal due diligence and secure your property the right way.
