How to Buy Land Safely in Nigeria: Avoid Fraud and Legal Issues

Introduction

Purchasing land in Nigeria can be tricky, given the prevalence of fraud and legal disputes in the real estate sector. Fraudulent land deals not only drain financial resources but can also leave buyers entangled in long, exhausting legal battles. Whether you’re buying land for personal use, agriculture, or investment purposes, knowing the right steps to take will keep you safe from fraud.

This article explores the types of land fraud common in Nigeria, legal frameworks governing land, and essential tips for avoiding scams and disputes during transactions.

Understanding the Common Types of Land Fraud in Nigeria

Sale of Government-Acquired Land

Many buyers unknowingly purchase land that the government has already acquired for public use. If you buy such land, you risk eviction without compensation, as government acquisitions override private sales.

Double Sale of Land to Multiple Buyers

Some fraudulent sellers sell the same plot of land to multiple buyers. This type of scam often leads to lengthy legal battles among the unsuspecting buyers, with some losing their investment entirely.

Fake Land Titles and Documents

Scammers are known to forge land documents such as Deeds of Assignment, Certificates of Occupancy, and survey plans. Buying land with fake documents puts your investment at significant risk.

Misrepresentation of Ownership by Land Agents

In some cases, agents or middlemen misrepresent themselves as property owners. They collect payment only for the actual owner to surface later and dispute the transaction.

Legal Framework for Land Acquisition in Nigeria

Land Use Act of 1978

The Land Use Act vests all land ownership in the government, making state governors trustees of land within their states. Understanding this law is crucial for avoiding illegal transactions.

Government Allocation vs. Private Ownership

Land in Nigeria can either be government-allocated or privately owned. Knowing the difference helps you determine the appropriate process for acquisition.

Read More Real Estate Tips

• Understanding Land Use in Nigeria: Residential, Commercial, and Agricultural
• 10/20 Reasons You Should Stop Paying Rent and How to Build Your Own House: A Step-by-Step Guide
• Real Estate Investment: The Best Ways to Invest in Real Estate
• Best House Plans for 150sqm, 300sqm, 500sqm Plots and Beyond
• The Major Benefits of Owning Farmland in Nigeria in 2024

Steps to Avoid Land Fraud in Nigeria

Conduct a Proper Land Search

Before making any payment, conduct a search at the State Land Registry to confirm that the land is free of encumbrances. A land search will reveal any claims or disputes involving the property.

Verify Seller’s Identity and Authority

Ensure that the seller is the rightful owner of the property. If the seller is acting on behalf of someone else, ask for proof of authorization, such as a valid power of attorney.

Use Certified Survey Plans

Survey plans provide detailed information about a land’s location and boundaries. Engage a licensed surveyor to confirm that the land matches the description given.

Legal Documentation for Safe Land Purchase

Deed of Assignment and Sales Agreement

These documents legally transfer ownership of the property from the seller to the buyer. The Sales Agreement outlines the terms and conditions of the sale, while the Deed of Assignment confirms the buyer’s ownership rights. To ensure the transaction is binding, both documents must be properly signed by both parties and notarized by a legal authority.

Certificate of Occupancy (C of O)

The Certificate of Occupancy is an official document issued by the government that confirms the holder’s legal ownership of the land for a specified term (usually 99 years). This document is crucial for urban properties as it validates the owner’s rights to the land, protecting against future disputes or government claims.

Governor’s Consent in Land Transactions

For a land transaction to be legally valid under Nigerian law, the state governor must approve the transfer of ownership. This requirement, mandated by the Land Use Act, ensures that the government acknowledges the transaction. Without the governor’s consent, the sale may be deemed illegal, leaving the buyer at risk.

Working with the Right Professionals

Real Estate Lawyers

A real estate lawyer ensures that the land transaction complies with Nigerian property laws, safeguarding the buyer from fraud. They review legal documents, perform due diligence, and represent the buyer’s interests throughout the process, minimizing risks.

Licensed Surveyors

Surveyors confirm the precise boundaries of the land to avoid encroachments or disputes with neighboring properties. They also verify if the land matches the description on the survey plan, ensuring that the buyer receives what was promised.

Reputable Estate Agents

Registered estate agents are familiar with the local property market and can guide buyers through legitimate deals. Working with reputable agents reduces the chances of falling prey to fraudulent schemes or overpriced transactions.

Red Flags to Watch Out for in Land Transactions

Unusually Cheap Land Offers

If the price of the land is significantly lower than the market value, it could indicate fraud. Scammers often lure unsuspecting buyers with cheap deals to make quick profits, so buyers should investigate such offers thoroughly.

Lack of Title Documents

The absence of original title documents is a major warning sign. Always insist on seeing the original titles—such as the Certificate of Occupancy or Deed of Assignment—to confirm the seller’s ownership before making payments.

Seller Pressuring for Immediate Payment

Fraudulent sellers often rush buyers into making payments without allowing time for due diligence. Be cautious if a seller demands urgent payment, as this could be a tactic to prevent you from uncovering hidden issues with the land.

What to Do If You Discover Fraud After Purchase

Report to Relevant Authorities

If you discover that you have been defrauded, promptly report the case to law enforcement agencies such as the police or the Economic and Financial Crimes Commission (EFCC). Early reporting can increase the chances of recovering your funds or property.

Engage a Lawyer for Legal Remedies

A real estate lawyer can help you explore your legal options, including filing a lawsuit against the fraudulent party. They can also assist in negotiating settlements or recovering your losses through court proceedings.

Conclusion

Buying land in Nigeria can be a safe and rewarding experience if you know what to watch out for. By conducting due diligence, working with professionals, and ensuring proper documentation, you’ll avoid common fraud schemes and legal disputes. Always remember: a cautious buyer is a smart buyer.

Call to Action

Why take risks when you can buy land the right way? Start your journey today by visiting Reapse.co, where we’ve got residential, commercial, and agricultural farmland listed just for you.

We make land ownership easy and hassle-free with all the legal paperwork sorted. Whether you’re planning to build your dream home, set up a business, or invest in farmland, we have options to fit your needs.

Stay tuned on our website to stay updated on real estate news, gain insights on real estate tips, and enjoy real estate stories where realtors share their experiences. You can also make money by sharing your own story. Don’t forget to drop your comments and join the conversation!