WHAT TO DO IF YOU BOUGHT A DISPUTED PROPERTY

 


WHAT TO DO IF YOU BOUGHT A DISPUTED PROPERTY


INTRODUCTION:  

Buying a disputed property in Nigeria can lead to financial losses, legal battles, and emotional stress. Many buyers unknowingly purchase properties with competing claims, fake titles, or ongoing litigation because they do not do enough research. If you find yourself in this situation, don’t panic; there are legal options available.  


HOW TO CONFIRM IF A PROPERTY IS DISPUTED  

Before taking action, check if the property is truly disputed. Look for these warning signs:  


SIGNS OF A DISPUTED PROPERTY  

- Multiple claimants (different people or families claiming ownership)  

- Encroachment notices (neighbors or government marking the land)  

- Pending court cases (check at the High Court or Magistrate Court)  

- No Certificate of Occupancy (C of O) or Governor’s Consent  

- Land grabbers demanding fees  


HOW TO VERIFY  

1. Visit the Land Registry – Look for conflicting titles.  

2. Hire a Lawyer – Conduct a litigation search at the court.  

3. Engage a Surveyor – Confirm boundaries and encroachment issues.  

4. Ask Neighbors & Community Leaders – Gather historical ownership details.  


IMMEDIATE STEPS TO TAKE AFTER DISCOVERING A DISPUTE  


Step 1: Stop Further Development  

- If you’ve started building, pause construction to avoid demolition risks.  


Step 2: Gather All Purchase Documents  

- Collect your Deed of Assignment, Receipts, Survey Plan, and C of O (if any).  


Step 3: Notify the Seller in Writing  

- Demand a refund or resolution through a lawyer’s letter.  

- If the seller is fraudulent, report it to the police (EFCC for fraud cases).  


Step 4: Secure the Property  

- Fence the land and put up “No Trespassing" signs.  

- If someone is occupying it, seek a court order to prevent further occupation.  


LEGAL OPTIONS TO RESOLVE THE DISPUTE  

1. Negotiation & Mediation: Involve a neutral third party (lawyer, community leader) to settle out of court.  

2. Refund or Swap: Ask the seller for a refund or another property.  

3. File a Lawsuit  

4. Declaratory Judgment: Ask the court to confirm your ownership.  

5. Fraud Charges: If the seller knowingly sold a disputed property, sue for fraud.  

6. Adverse Possession (If You’ve Occupied Long Enough): If you’ve lived on the land for over 12 years without being challenged, you may claim ownership under “adverse possession laws.”  

7. Governor’s Consent & Title Regularization: If the land was acquired by the government but not revoked, apply for the Governor’s Consent to strengthen your claim.  


HOW TO RECOVER YOUR MONEY  

If the property is hopelessly disputed:  

1. Civil Lawsuit for Refund: Sue the seller for breach of contract and demand a refund plus damages.  


2. Criminal Complaint (If Fraud is Involved): Report to the EFCC or Police if the seller used fake documents.  


3. Insurance Claims (If You Have Title Insurance): Some insurers cover fraudulent land sales, although this is rare in Nigeria.  


HOW TO PREVENT BUYING DISPUTED PROPERTIES IN THE FUTURE  

1. Conduct Thorough Due Diligence:  

- Always verify title documents at the land registry.  

- Check for court cases before purchasing.  


2. Use a Lawyer & Surveyor:  

- A real estate lawyer can uncover hidden disputes.  

- A surveyor can confirm boundaries and encroachment risks.  


3. Buy from Reputable Developers:  

- Stick to government-approved estates or trusted real estate firms.  


4. Get a Certificate of Occupancy (C of O):  

This is the strongest proof of ownership in Nigeria.  


CONCLUSION:  

A disputed property doesn’t have to mean a lost investment. Nigerian courts and mediation systems provide several ways to resolve ownership conflicts, from refund claims to title regularization. The key is to act quickly and strategically. Document everything, secure the property, and consult an experienced real estate lawyer as soon as possible. For those already facing disputes, remember that timely legal action can save your investment. Let's create a culture of informed real estate transactions in Nigeria, where properties become legacies, not liabilities.


You can Also Send a Direct message here to schedule an Inspection with Notredame Estates Limited.

Signed 

Propertyhub
For,
Notre Dame Estates Limited.

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