What Is the Legal Process for Land Dispute Resolution in Lagos?
Introduction
Land is one of the most valuable and contested assets in Lagos. With its rapidly expanding population, intense urban development, and complex land ownership history, land disputes have become common across every social and economic class — from family lands in Ikorodu to high-value estates in Lekki and Ikoyi.
Resolving land disputes in Lagos requires a clear understanding of the law, strict adherence to proper legal procedure, and professional representation.
This guide explains, in a structured and practical way, the legal process for resolving land disputes in Lagos: the courts involved, applicable laws, pre-litigation steps, litigation procedure, remedies available, criminal aspects, and alternative dispute resolution (ADR) mechanisms under Nigerian and Lagos State law.
1. Understanding Land Disputes
A land dispute is any disagreement over ownership, boundaries, possession, sale, or use of land.
Typical parties involved include:
Private individuals or families
Landowners and tenants or occupiers
Developers and buyers
Communities and government agencies
In Lagos, land disputes frequently arise from:
Overlapping or competing ownership claims
Forged or fraudulent documents
Family disagreements over inheritance or family land
Encroachment by neighbours, developers or speculators
2. Common Types of Land Disputes in Lagos
Ownership Disputes: Competing claims to title or ownership.
Boundary Disputes: Conflicts over property limits or beacon positions.
Double Allocation / Double Sale: Same plot sold or allocated to multiple buyers.
Encroachment: Unlawful intrusion into another person’s land.
Family Land Conflicts: Unauthorized sale or mismanagement of family or communal land.
Fraudulent Sales: Transactions conducted by impostors or with forged documents.
Tenancy or Possession Disputes: Issues between landlords, tenants, licensees or squatters.
Compulsory Acquisition Disputes: Where government acquisition, compensation or procedure is contested.
3. Legal Framework for Land Dispute Resolution in Lagos
Key laws and regulations include:
Land Use Act, Cap L5 LFN 2004 – Vests all land in each state in the Governor and regulates ownership, allocation, consent and control.
Land Registration Law of Lagos State, 2015 – Governs registration of land interests in Lagos.
Property and Conveyancing Law of Western Nigeria, 1959 (as applicable in Lagos) – Regulates conveyancing, transfers and interests in land.
High Court of Lagos State (Civil Procedure) Rules, 2019 – Governs procedure in land-related civil actions.
Lagos State Real Estate Regulatory Authority (LASRERA) Law, 2020 – Regulates real estate practitioners and transactions in Lagos State.
Survey Coordination Act, Cap S13 LFN 2004 – Guides survey practice and coordination.
Criminal Law of Lagos State – Particularly provisions on fraud, forgery, malicious damage and similar offences.
These statutes collectively provide the framework for lawful ownership, transfer, and adjudication of property rights.
4. Legal Jurisdiction for Land Disputes in Lagos
Different forums handle land disputes depending on the nature of the case:
4.1 High Court of Lagos State (Land and General Civil Divisions)
Handles disputes on ownership, title, boundary issues, conveyancing, trespass, injunctions and damages.
Has unlimited civil jurisdiction in land matters within Lagos State.
4.2 Customary Courts
Handle local or family land disputes governed by customary law, especially where parties submit to customary jurisdiction.
Jurisdiction is limited by monetary value and subject matter.
4.3 Federal High Court
Only involved where the Federal Government or its agencies are directly concerned, or where issues fall within exclusive federal jurisdiction (e.g. federal land, certain revenue issues).
4.4 Lagos Multi-Door Courthouse (LMDC)
Institutional hub for mediation, arbitration and conciliation.
Handles land matters referred by the court or by parties who voluntarily submit disputes for ADR instead of full litigation.
5. Pre-Litigation Steps
Before filing a case in court, proper groundwork is essential.
Step 1: Verify Ownership
Engage a property lawyer and licensed surveyor to:
Review all available title documents.
Conduct a land search at the Lagos State Lands Registry.
Verify survey coordinates with the Office of the Surveyor-General of Lagos State (OSGL).
Confirm land status (free, excised, regularised, or under acquisition) with the Lands Bureau.
Step 2: Gather Evidence
Collect and organise:
Original receipts, Deeds of Assignment, Allocation Letters.
Survey plans and beacon numbers.
Photographs, correspondence, and witness statements.
Any prior family resolutions, agreements, or settlement documents.
Step 3: Send a Demand or Warning Letter
Your lawyer should issue a formal:
Letter of demand, notice of trespass, or cease-and-desist letter,
Stating your claim to ownership or rights,
Demanding cessation of interference, and
Warning of impending legal action if dispute is not resolved.
Step 4: Attempt Amicable Settlement
Explore:
Direct negotiation, or
Referral to mediation/ADR (including LMDC or private mediators).
Lagos courts actively encourage pre-action settlement under the frontloading and ADR policies.
6. Commencing a Land Action in Court
Where settlement fails or is inappropriate, the next step is formal litigation.
Step 1: Filing the Originating Process
You commence the action by filing either:
Writ of Summons, or
Originating Summons (often used where facts are largely documentary and not substantially disputed).
The originating process sets out:
Names of the parties,
Nature of the claim, and
Reliefs sought (e.g. declaration of title, possession, injunction, damages).
Step 2: Accompanying Court Documents
Typically filed together with the originating process:
Statement of Claim (for writ actions).
List of witnesses and their written statements on oath.
List and copies of documents to be relied upon.
Survey plan and title documents.
Pre-Action Protocol Form, showing efforts at settlement/ADR where applicable.
Step 3: Service on the Defendant
Court bailiff serves the processes on the defendant(s).
Proper service is crucial to jurisdiction.
Step 4: Defendant’s Response
The defendant may file:
Statement of Defence,
Counter-claim (if they also seek reliefs), and
Their own list of witnesses and documents.
Step 5: Hearing / Trial
At trial, the court:
Hears oral evidence from witnesses.
Considers documentary evidence (title documents, surveys, receipts).
Receives expert evidence (surveyors, valuers, sometimes town planners).
Allows cross-examination of witnesses.
Step 6: Judgment
After evaluating the law and evidence, the court delivers a reasoned judgment, which may:
Declare ownership or title,
Grant or deny possession,
Award damages and costs,
Grant injunctions and ancillary orders.
7. Reliefs the Court May Grant
The court may grant one or more of the following:
Declaration of Ownership/Title to land.
Order of Possession or recovery of land.
Damages for Trespass (general and/or special).
Perpetual Injunction restraining further interference.
Rectification of Title Documents at the Lands Registry.
Order for Survey or Boundary Demarcation.
Costs of litigation and, where appropriate, interest on monetary awards.
8. Evidence in Land Disputes
Courts place great emphasis on documentary evidence, supported by oral and expert evidence. Typical evidence includes:
Title documents (C of O, Governor’s Consent, Deeds of Assignment, Allocation/Confirmation Letters, Gazette, Court Orders).
Survey plans authenticated or confirmed by the OSGL.
Receipts of purchase and payment.
Witness testimony on acts of possession and history of ownership.
Expert testimony – surveyors, valuers, and in some cases, town planners.
Photographs, videos, correspondence, and other physical or digital proof of trespass or possession.
Without credible documentary and survey evidence, land claims are often weak, regardless of oral assertions.
9. The Role of Survey Evidence, Surveyors and Valuers
9.1 Survey Evidence
A survey plan is critical to:
Define boundaries,
Identify overlaps or encroachment, and
Correlate land on ground with land on paper.
The Surveyor-General of Lagos State may be invited to provide:
Composite plans,
Beacon verification reports,
Expert testimony on coordinate conflicts.
9.2 Role of the Surveyor
Surveyors:
Authenticate boundaries and beacon positions.
Prepare composite survey plans showing conflicting claims.
Assist court in understanding technical aspects of land location.
9.3 Role of the Valuer
Valuers:
Assess market value, loss of use, or diminution in value,
Prepare valuation reports for compensation, damages and negotiations,
Provide expert evidence on quantum of loss in court or ADR.
Their reports can be decisive on issues of compensation and damages.
10. Timeframe and Cost of Litigation
Typical duration is 12 months to 3 years, depending on complexity, number of parties, interlocutory applications, and court workload.
Costs usually include:
Filing and hearing fees,
Professional fees of counsel,
Survey and valuation costs,
Expert witness and incidental expenses.
Because of time and cost, ADR is often a faster and more cost-effective alternative where parties are willing.
11. Alternative Dispute Resolution (ADR) and Administrative Remedies
11.1 ADR – Lagos Multi-Door Courthouse (LMDC)
LMDC offers:
Mediation: Neutral facilitator helps parties voluntarily reach settlement.
Arbitration: Private adjudication with a binding decision.
Conciliation: Facilitated compromise that may lead to a binding agreement.
Advantages of ADR:
Confidentiality.
Speed and reduced cost.
Preservation of family, business or neighbourly relationships.
Flexibility in crafting solutions (e.g. land sharing, compensation, payment terms).
11.2 Administrative Resolution
Certain issues can be handled administratively before or alongside litigation:
Lands Bureau: Petitions over government allocations, revocations and compensation.
Office of the Surveyor-General: Complaints over boundary and coordinate disputes.
LASRERA: Complaints against real estate developers, agents and brokers.
Physical Planning and Permit Authorities: Disputes over building approvals, setbacks and development infractions.
These avenues can sometimes resolve or narrow issues before court action.
12. Key Legal Doctrines in Land Disputes
Nemo dat quod non habet: No one can transfer a better title than they possess.
Quicquid plantatur solo, solo cedit: What is affixed to the land becomes part of the land.
Possession as Evidence of Ownership: Long, peaceful and undisturbed possession can, in certain circumstances, strengthen or support title.
First in Time Rule: Where there are competing equitable interests, the earlier in time generally prevails, all things being equal.
13. Important Case Law on Land Disputes
Idundun v. Okumagba (1976) 9–10 SC 227 – Established five recognised ways of proving ownership of land.
Ogunleye v. Oni (1990) 2 NWLR (Pt.135) 745 – Emphasised the strength of registered title and documents.
Elias v. Omo-Bare (1982) 5 SC 25 – Reiterated the duty of purchasers to verify vendor’s title.
Adeniran v. Alao (2016) LPELR-41305 (CA) – Affirmed that credible documentary evidence will generally outweigh oral evidence where both are in conflict.
14. Land Dispute Process Under Customary Law
For family or community land, disputes may initially follow customary processes:
Family Meeting: Deliberation among principal members and elders.
Mediation by Traditional Rulers or Chiefs: Attempts at amicable resolution.
Customary Court Action: Where internal resolution fails.
Appeal to High Court: A party dissatisfied with the decision of a Customary Court may appeal to the High Court and, subsequently, appellate courts.
15. Appeals Process
If a party is dissatisfied with a High Court judgment:
They may file an appeal to the Court of Appeal within the prescribed time (typically 90 days in civil matters).
Grounds of appeal may relate to law, facts, or procedure.
From the Court of Appeal, a further appeal may lie to the Supreme Court on substantial questions of law.
16. Criminal Aspects of Land Disputes
Certain conduct in land matters amounts to criminal offences, including:
Forgery or falsification of title documents.
False representation of ownership or authority to sell.
Trespass combined with malicious damage.
Violent or forceful land grabbing.
Criminal liability may lead to:
Fines,
Imprisonment, and
In some cases, forfeiture or recovery of possession.
17. Lagos State Properties Protection Law, 2016
This law specifically targets land grabbers (Omonile) and property fraudsters. Key provisions:
Criminalises forceful entry or takeover of land.
Makes sale or transfer without lawful authority a serious offence.
Prescribes penalties of up to 21 years’ imprisonment in severe cases.
Allows victims to seek assistance of law enforcement agencies to recover possession.
The law operates alongside the civil remedies available in court.
18. Enforcement of Court Judgments
After judgment in favour of a party:
Apply for a Writ of Possession to repossess the land.
Enforce injunctions to restrain further trespass or interference.
Engage the Sheriff and Bailiffs of the Court to carry out physical enforcement.
Proper enforcement is critical; a judgment without enforcement may be of limited practical value.
19. Practical Tips for Preventing Land Disputes
Conduct full due diligence before any land purchase.
Perfect title promptly (Governor’s Consent and registration).
Maintain physical possession and visible boundaries (fencing, beacons).
Keep copies of all documents safely (including digital backups).
Involve a lawyer in every major land transaction.
For family land, clearly document family resolutions and consents.
20. Common Mistakes to Avoid
Buying land without proper due diligence and searches.
Relying solely on verbal assurances of family members or agents.
Ignoring survey verification and coordinate checks.
Failing to register Deeds of Assignment and other instruments.
Delaying legal action after discovering trespass or fraud.
21. The Role of Lawyers in Land Dispute Resolution
A property lawyer is central to:
Proper investigation and verification of title.
Advising on risk and evidential strengths/weaknesses.
Preparing and filing court processes within time.
Coordinating surveyor, valuer and other expert witnesses.
Representing clients in litigation, mediation, arbitration and negotiations.
At Chaman Law Firm, land dispute resolution is approached as a combination of:
Legal strategy,
Technical (survey and valuation) support, and
Negotiation and ADR expertise,
with the singular objective of protecting the client’s proprietary interests.
22. Example Scenario
Scenario: Two neighbours in Magodo both claim ownership of overlapping plots.
Action Taken:
Coordinates were verified through a registered surveyor and OSGL.
A suit was filed at the High Court seeking declaration of title, rectification of survey, and injunction.
Outcome:
The court declared our client the lawful owner based on earlier registered deed and corroborated survey evidence.
An injunction and order of possession were granted in favour of our client.
Lesson:
Early registration and proper survey documentation strongly fortify ownership claims.
23. Frequently Asked Questions (FAQs)
Q1: Where should I report a land dispute in Lagos?
Start by consulting a property lawyer. Depending on the case, the matter may be filed at the High Court of Lagos State or referred to the Lagos Multi-Door Courthouse (LMDC) for ADR.
Q2: Can the police resolve land disputes?
No. The police cannot determine ownership of land. Their role is limited to preventing breach of the peace and investigating criminal aspects such as fraud or violence. Ownership and title are determined by the courts.
Q3: What is the fastest way to resolve a land dispute?
Where appropriate, mediation or arbitration via LMDC or agreed ADR mechanisms is usually faster and more flexible than full trial.
Q4: How long does a court process take?
On average, between 12 months and 3 years, depending on complexity, number of parties and whether interlocutory applications or appeals are involved.
Q5: Can I stop ongoing construction on disputed land?
Yes. Through your lawyer, you can apply for an interim or interlocutory injunction restraining further work pending determination of the case.
24. Strategic Advice for Lagos Landowners and Investors
Never rely solely on oral assurances.
Ensure every transaction is documented in writing with proper execution and attestation.
Register all Deeds, Assignments, Mortgages, and other interests at the Lands Registry.
Retain professional counsel early for risk management and structure.
Re-survey old family land before major development to avoid overlap and encroachment issues.
25. How Chaman Law Firm Resolves Land Disputes
Our services in land-related matters typically include:
Title verification and land search at relevant registries.
Litigation in the High Court and appellate courts.
ADR representation (mediation, arbitration, conciliation).
Liaison with Lands Bureau, OSGL, LASRERA and planning authorities.
Coordination with surveyors and valuers for strong evidential support.
Tailored solutions for diaspora clients with property interests in Lagos.
Each matter is treated with meticulous preparation, strategic thinking and a firm commitment to protecting the client’s proprietary rights.
Conclusion
Land disputes in Lagos are often complex, emotionally charged and financially significant. However, with the right legal guidance, accurate documentation, credible evidence and timely action, they are resolvable.
Whether your case concerns family land, encroachment, double allocation, fraudulent sale or government acquisition, the keys to a favourable outcome remain due diligence, proper procedure and professional representation.
Call to Action
Do you have a land dispute or property conflict in Lagos?
Chaman Law Firm provides structured, professional and result-oriented representation in land matters — from verification and advisory work to full litigation and ADR. Our goal is to protect your investment and secure your ownership rights.
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📍 Chaman Law Firm 115, Obafemi Awolowo Way Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
👉 Book a consultation now: www.chamanlawfirm.com/book-consultation
You may reach out for a confidential consultation to discuss your specific situation and the best legal strategy to adopt.
