Family Land Purchase, Government Acquisition and Encroachment
A private client paid ₦28 million in three instalments to the Odu family for a 1,200 sqm parcel at Ikorodu, Lagos, and received a family receipt and a hand-drawn site plan. He has since fenced the land and started a foundation for a warehouse. A surveyor he later engaged found that about 300 sqm falls within a 30-metre Federal Government right of way for a proposed highway, and that the land is subject to a 2019 acquisition gazette. A neighbouring branch of the family has also served notice claiming the land belongs to the family, not to the branch that sold it. The client has no Certificate of Occupancy, no Governor's consent, and no building approval. He wants to know whether he can complete the warehouse, recover his money, or regularise.
1. Advise on the legal status of the transaction and the title the client has acquired.
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The transaction is governed by customary family land rules and by the Land Use Act. Family land is vested in the family as a unit; the family head and principal members must consent to an alienation. A sale by one branch, without the concurrence of the family head and principal members, is vulnerable. The family receipt proves payment, not title. At best, the client has an equitable interest under an incomplete transaction; he does not have a statutory right of occupancy.
Because the land is subject to a 2019 acquisition gazette, the radical title is vested in the Governor for the Federal Government's purposes. A family cannot sell land that has been acquired, and the client cannot acquire a valid title from the family over acquired land. The portion within the 30-metre right of way cannot be built upon; it is reserved for road purposes. Building a foundation without planning approval is also a contravention of planning law and can attract stop-work or demolition notices.
The client's position is therefore weak: he has an equitable claim against the sellers for misrepresentation or failure of title, but no enforceable title against the Government or the rival family branch. He should stop construction immediately and preserve all receipts, transfer records and correspondence. The client should not spend further money on the warehouse until title is resolved.
2. Set out the due diligence the client should have conducted and the steps now available.
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Before paying, the client should have: searched the Lagos State Lands Registry for the land and for any acquisition or excision gazette; commissioned a registered surveyor to chart the parcel against government acquisitions and rights of way; inspected the land and interviewed the family head and principal members; verified the sellers' authority at a family meeting; obtained a written sale agreement with witnesses and a survey plan; checked planning approvals and zoning; and instructed a lawyer to investigate title and advise on Governor's consent.
Now he should: stop work; instruct a property lawyer; obtain a certified true copy of the acquisition gazette and the survey charting; confirm whether the land is under acquisition or whether an excision or ratification has been granted; and write to the family head and the rival branch to establish their positions. He should quantify his loss, including payments, fencing, foundation and professional fees, and prepare a claim for rescission and refund against the sellers. If there is evidence of dishonest misrepresentation, he should preserve the right to report to the police, while recognising that the primary remedy is civil. He should also check whether any portion outside the acquisition and right of way is available, and whether the family can regularise that portion.
3. Explain the options for regularisation and their limits.
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Regularisation depends on the land's status. If the land is not under acquisition, the family could execute a proper Deed of Assignment, obtain Governor's consent, and the client could apply for a Certificate of Occupancy or perfect an existing one. If the land is under a state acquisition, only the state can release it; the client may apply for excision, ratification or a change of purpose, but success is discretionary and slow. If the land is under Federal acquisition, the state cannot validly release it; the client may approach the relevant Federal agency, but family sale cannot cure the defect.
The 300 sqm within the right of way cannot be regularised for building. The client must surrender that portion, redesign the warehouse on the remaining area, and apply for planning approval with the required setback. Even then, approval will not be granted on acquired land without a valid title.
The limits are fundamental: no payment to the family can validate the sale of government-acquired land; no building approval can override a right of way; and no court will compel the Governor to grant a title. The realistic options are: negotiate a refund or replacement parcel with the family; pursue rescission and restitution; or, if a portion is free, negotiate a fresh transaction over that portion with proper family consent and title perfection. The client should be advised against completing the warehouse on the strength of the receipt.