How to Resolve Land or Housing Disputes with Developers in Ogun State
Introduction
Real estate development is expanding rapidly in Ogun State — particularly in high-growth areas such as Mowe, Arepo, Ibafo, Magboro, Sagamu, Agbara, and Abeokuta. With this expansion, many individuals and investors are buying lands, subscribing to housing schemes, and partnering with developers to build estates or homes.
However, not all developer relationships end well. Across Ogun, numerous property buyers have found themselves entangled in land and housing disputes — ranging from delayed project delivery, double allocation, boundary disputes, or outright refusal by developers to deliver possession or documentation after full payment.
Such disputes can be stressful, costly, and emotionally draining, especially when large sums of money are involved. But thankfully, the law provides clear legal remedies and peaceful resolution methods for property buyers and investors dealing with dishonest, negligent, or non-performing developers.
This comprehensive guide by Chaman Law Firm, a leading property and real estate law firm in Ogun and Lagos States, explains how to identify developer-related land disputes, steps to resolve them legally, and how to protect your investment moving forward.
Understanding Developer-Related Land and Housing Disputes
A real estate developer is a person or company that acquires land, builds housing projects or estates, and sells plots or housing units to subscribers.
Disputes typically arise when one party — usually the developer — fails to fulfill the terms of agreement. Common causes include:
Failure to deliver possession or allocation after payment.
Incomplete or poor-quality construction.
Double or fraudulent allocation of the same property.
Failure to process title documents (C of O, Governor’s Consent, etc.).
Unauthorized changes in project plan or pricing.
Non-refund after project cancellation.
Unapproved property developments or illegal land acquisition.
Legal Relationship Between Developer and Buyer
The relationship between a developer and a buyer is contractual — based on a written or implied agreement for sale, construction, or partnership.
Once a buyer subscribes to a land or housing scheme and makes payment, a contract for sale arises. Each party has obligations:
Developer’s obligations: To deliver land/housing, ensure title, and provide documents.
Buyer’s obligations: To pay the agreed sum and comply with terms of allocation or development.
A breach by either side gives the aggrieved party the right to seek legal redress or alternative resolution.
Common Developer Disputes in Ogun State
Double Allocation or Fraudulent Resale – Same property sold to multiple buyers.
Failure to Deliver Title Documents – Developers promising C of O but failing to process it.
Delay in Construction or Possession – Projects abandoned or delayed beyond contractual timelines.
Defective Building Construction – Structural defects or non-compliance with approved plans.
Disputes over Estate Dues or Hidden Charges.
Non-Refund of Payment After Project Collapse or Change.
Unapproved Estate Development – Developers without proper land title or government approvals.
Relevant Laws Governing Developer Disputes in Ogun State
Land Use Act, 1978 – Governs land ownership and acquisition.
Property and Conveyancing Law of Western Nigeria, 1959 – Regulates sale and conveyance of property.
Ogun State Physical Planning and Urban Development Law, 2019 – Regulates building approvals and development control.
Ogun State Land Grabbing (Prohibition) Law, 2016 – Protects buyers from illegal sales or encroachment.
Criminal Code Law of Ogun State – Covers fraud, misrepresentation, and breach of trust.
Consumer Protection Framework – Protects buyers from unfair practices by developers.
Steps to Take When Disputes with Developers Arise
1. Review Your Contract or Agreement
Start by carefully reviewing all contractual documents — Deed of Assignment, Contract of Sale, Allocation Letter, or Subscription Agreement.
Check:
The developer’s obligations.
Timelines for delivery.
Payment records.
Clauses for termination or refund.
Your lawyer will interpret the contract and determine whether the developer breached specific terms.
2. Gather All Relevant Evidence
Before taking any step, organize all your evidence, such as:
Receipts and proof of payments.
Signed agreements and correspondence (emails, WhatsApp chats, letters).
Marketing materials or brochures showing developer’s promises.
Photographs or videos of the site condition.
Witness statements (if applicable).
Proper documentation strengthens your case, whether for negotiation, mediation, or litigation.
3. Engage a Property Lawyer
A property and real estate lawyer in Ogun State should guide you through the appropriate legal process.
The lawyer will:
Investigate the land title at the Ogun State Bureau of Lands and Survey.
Conduct due diligence on the developer’s registration.
Draft a legal opinion and possible remedies.
Communicate professionally with the developer’s representatives.
4. Send a Demand or Breach Notice
Through your lawyer, send a formal demand letter or notice of breach of contract to the developer, specifying:
The obligations breached.
Required actions (e.g., refund, delivery, or documentation).
A reasonable timeline for compliance (usually 7–14 days).
This notice serves as evidence that you gave the developer a fair opportunity to remedy the breach.
5. Explore Alternative Dispute Resolution (ADR)
Most disputes with developers can be resolved without court litigation through Mediation, Conciliation, or Arbitration.
The Ogun Multi-Door Courthouse (OMDC) in Abeokuta handles real estate mediations.
Private mediators (like members of the Institute of Chartered Mediators and Conciliators — ICMC) can help parties settle.
ADR promotes peace, saves cost, and preserves business relationships.
Example:
In a recent Ogun mediation handled by Chaman Law Firm, a buyer recovered full refund plus 15% compensation within one month, without going to court.
6. File a Petition with the Ogun State Task Force on Land Grabbing
If the developer fraudulently sold land without title or resold to multiple buyers, file a petition with the Ogun State Task Force on Land Grabbing.
This body investigates and prosecutes land-related fraud and can recover the land for the rightful buyer.
7. Commence Legal Action (if all else fails)
If mediation fails or the developer refuses to comply, your lawyer may institute an action in the High Court of Ogun State seeking:
Specific performance: Compelling delivery of land or property.
Refund of payments: With interest and damages.
Injunction: Preventing further sale or interference.
Declaration of title: Confirming you as lawful owner.
Damages: For losses, emotional distress, or breach of contract.
Legal Remedies Available Against Developers
Specific Performance:
Court order compelling the developer to fulfill the contract terms (e.g., deliver property).Rescission:
Cancelling the contract and refunding money paid.Injunction:
Preventing the developer from reselling or developing the land.Damages:
Financial compensation for losses suffered due to breach or negligence.Restitution:
Returning both parties to their original positions before the breach.Declaration of Title:
Where the buyer’s rights must be formally recognized by the court.Criminal Prosecution:
Where fraud or deceit is involved, offenders can be prosecuted under Ogun’s Land Grabbing and Criminal laws.
Case Study: Developer-Buyer Dispute in Mowe
In 2022, a client subscribed to a housing unit from a developer in Mowe, paying ₦12 million in installments. The developer failed to deliver the property two years after the promised date and refused refund.
Through Chaman Law Firm, a demand letter and mediation process were initiated under the Ogun Multi-Door Courthouse. The developer eventually refunded the full amount with interest to avoid court action.
This case underscores the power of professional legal representation and structured dispute resolution.
Criminal Implications of Developer Fraud
Developers who forge documents, resell properties, or deceive buyers commit criminal offences under:
Sections 419 & 465 of the Criminal Code (Ogun State): Fraud and Forgery.
Land Grabbing (Prohibition) Law, 2016: Illegal sale of land or forceful occupation.
Advance Fee Fraud Act, 2006: Obtaining money under false pretence.
Punishment ranges from 7 to 21- year imprisonment, including confiscation of proceeds of fraud.
Alternative Remedies and Preventive Strategies
Escrow Arrangements:
Engage lawyers to hold funds until conditions are fulfilled.Project Monitoring:
Visit the site regularly to confirm progress.Due Diligence Before Payment:
Verify the developer’s title and government approvals.Ensure Written and Signed Agreements:
Avoid verbal commitments.Register All Documents:
Always process Governor’s Consent to secure ownership.Avoid Unregistered Developers or Agents.
Frequently Asked Questions (FAQs)
Q1: Can I sue a developer who failed to deliver my property after full payment?
Yes. You can claim specific performance, refund, and damages.
Q2: What if the developer resold my land to another buyer?
That’s fraud. You can file a civil action and a criminal complaint under the Land Grabbing Law.
Q3: How can I stop a developer from reselling my property?
Your lawyer can apply for a court injunction and lodge a caveat at the Land Registry.
Q4: Can I recover money without going to court?
Yes, through mediation or direct negotiation led by a lawyer.
Q5: What if the housing estate was not government-approved?
Report to the Ogun State Ministry of Physical Planning and Urban Development. They can halt illegal projects.
Case Law References
Adebayo v. Johnson (1969) 1 All NLR 176 — Specific performance upheld for land buyers.
Ekwunife v. Wayne (W/A) Ltd (1989) 5 NWLR (Pt. 122) 422 — Buyer entitled to damages for breach.
Savage v. Uwechia (1972) 3 SC 214 — Buyer in possession has equitable interest recognized by law.
These judicial precedents reinforce buyers’ rights against non-performing developers.
The Role of Chaman Law Firm
At Chaman Law Firm, we have successfully resolved numerous developer-related disputes through both litigation and Alternative Dispute Resolution (ADR).
Our firm provides services including:
Land and title verification before purchase.
Drafting and reviewing contracts of sale.
Mediation and legal representation for property disputes.
Court action for recovery, damages, and injunctions.
Liaison with government agencies for approvals and enforcement.
Whether you are a buyer, developer, or investor, we ensure your real estate transactions remain legally secure and protected.
Conclusion
Land and housing disputes with developers are becoming increasingly common in Ogun State due to the real estate boom. However, buyers and investors must remember that they are legally protected under Ogun and Nigerian property laws.
By acting promptly, consulting a qualified property lawyer, and using the right channels — mediation, land bureau, or court — you can recover your investment and restore peace of mind.
The key is not to delay or engage in self-help; use the law as your protection.
Call to Action
If you are currently facing issues with a developer — whether delayed allocation, fraudulent resale, or non-refund — don’t wait until it becomes irreversible. Take legal action now.
