By Maduka Nweke
Land disputes have become a major barrier to the growth and development of Nigeria’s real estate sector, causing delays in construction, driving up costs, and creating legal and bureaucratic challenges that hinder both public and private sector projects. These disputes, often involving conflicting land ownership claims, lack of clear demarcations, and outdated legal frameworks, disrupt not only real estate development but also community stability and economic progress.
As Nigeria faces a housing deficit of over 28 million units, the resolution of these land conflicts has become crucial to meeting the growing demand for affordable housing and unlocking the full potential of the real estate market.
While land disputes have long been a persistent issue in Nigeria’s real estate sector, it was not the case in earlier times (before independence.)
Then, land was not considered a significant concern when it came to constructing a home, a perspective shaped by limited awareness and development.
The situation continued until the enactment of the Land Use Act in 1978. The Land Use Act governs land ownership and administration across the country, including the resolution of land disputes.
It introduces a structured framework for land allocation and occupancy rights and mandates the creation of a Land Use and Allocation Committee in each state.
Under the provisions of the 1978 Act, all land in a state is vested in the governor, who holds the authority to grant rights of occupancy to individuals or corporations, though full ownership remains restricted. The Act also establishes a Land Use and Allocation Committee in every state, tasked with advising the governor and determining the appropriate processes for settling disputes when they arise.
According to Mr. Paul Udo Nweke, a civil law practitioner, the land use Act includes the Land Use and Allocation Committee, which determines compensation disputes.
“It could, through the Nigerian legal system, include specialist courts and tribunals for specific disputes. The Nigerian legal system also includes alternative dispute resolution (ADR) methods such as arbitration, mediation, and negotiation. Pre-action interim remedies are also available in urgent circumstances, such as when lives are being lost on a daily basis, and injunctions. The important thing here is that while these cases are ongoing, no development happens in those areas.
“Land dispute resolution in the majority of cases comes with challenges. There are informal land transactions and customary land tenure systems that can complicate land dispute resolution, especially in rural areas. Under the Land Use Act of 1978, all land in Nigeria is vested in the state government. This Act was introduced to standardise land ownership and eliminate fraudulent transactions. The governor of each state holds the authority to allocate land, and individuals or entities can obtain a right of occupancy. The identity of the land in dispute must be proven with certainty and precision,” he said.
Discussing land dispute resolutions in Anambra State, Mr. Nweke said, “land disputes in Anambra state can be resolved through mediation, arbitration, or litigation.
The Department of Lands in Anambra state also acts as a mediator for land disputes. The law does not permit you to build on any land under dispute.”
Mediation and arbitration
“We also have what we call alternative dispute resolution. This method is faster and less expensive than court proceedings. There is also the involvement of a third party.
The neutral third party helps the parties involved reach a resolution. As a matter of fact, the use of traditional authorities could be employed. It involves the use of community leaders, elders, women groups and youth organisations. The method is seen as empirical, as those who are to act on the land dispute must be people who are very conversant with the area in question.
In Anambra state, if mediation fails, one can file a lawsuit in the High Court of the state where the land is located. Before going to court, you can confirm ownership by conducting a title search at the Land Registry. A licensed surveyor can demarcate the land and provide boundary maps. The use of traditional shrines is at times employed, considering sacred places for dispute resolution. You can submit a written or verbal complaint to the relevant state and local government body.
Land dispute resolution in the north
Land use conflicts between farmers and herdsmen, using Kano, Yobe and Borno States as templates, show how land dispute resolution could be settled from nomads’ viewpoints. Incessant conflicts between farmers and herdsmen in Nigeria have claimed many lives and properties, and a number of conflict resolution meetings and solution-based research efforts have taken place. However, it appears not much has been achieved with regard to identifying the originator of the conflict and the most effective methods of resolving the conflicts.
According to Mr. Danjuma Dambaki, a land/property agent in Lagos, the Land Use Act seeks to simplify access to land by the government, corporate bodies, and individuals. In the North, some boundary and land disputes are settled through traditional rulers’ intervention or assistance, such as between Zungur in Bauchi LGA and Jambilin in T/Balewa LGA, Gwaran LGA in Jigawa State and Giade LGA in Bauchi State, and Marbini in Ganjuwa LGA and Zumburum in Gwaran LGA.
“Prospects in the roles of traditional rulers in settling land matters in the North have been definitely materialistic; hence, it enjoys the confidence of their people. The incorporation of traditional rulers in all land disputes in the North suggests that traditional rulers have a lot to offer in peacemaking. This method helps to alleviate crises that could stall real estate development in the area. Few lands are surveyed and registered in Bauchi State. In view of population explosion, the need for land will continue to escalate; therefore, the increasing complexity in land administration will also manifest.
“All these disputes, whether in the North, East, or West, create bottleneck bureaucracy that stalls real estate development in the country. Efforts must be intensified to enlighten the public on the need to survey and register their lands. The need to increase awareness, training, and the development of land policy strategy and sensitization in land management is necessary. Training institutions must brace up to producing adequate and qualified surveyors to ensure the provision of staff, office equipment, and materials to deal with land disputes. Land matters settled by traditional rulers are done and disposed of forever without recourse in the North. Traditional rulers would continue to play active roles in land dispute resolution by virtue of their significant position in Northern society,” he stated.
According to Mr. Calistus Ojukwu, one of the landlords around the EZIGOLD Estate in the Festac axis of Lagos, the settlement of land disputes has always gone with sacrifice. Mr. A and Mr. B must sacrifice some portion of the land in dispute for settlement. “This mostly happens when there is no clear-cut demarcation upon which a boundary could be carved. In the case of this area being demolished by FHA and Lagos State Government, the area has issues with FHA, who, we understand, represents the government, but the issues have reached various levels of resolution. There was an earlier warning against building along the roads or drainages that there would not be any negotiation in the event of anyone defaulting. You know that Lagos is a complex city, and every process in it is complex. You hardly see only the traditional rulers or only the courts settling land matters in Lagos. Land cases in Lagos could linger for years. Traditional rulers in Lagos are very powerful, and land issues are settled by powerful royal families.”
Mr. Gideon Okafor, who deals in motor spare parts, said two of his houses were demolished in the Abulado axis of Lagos. He said that land disputes in Lagos State take different dimensions. According to him, “You can pay for a plot of land more than three times. Many a time, Omoniles, who masquerade as owners of the land, could bring buyers and present an elder who poses as the leader of a kindred just to collect the money and disappear into thin air. Real land disputes in Lagos are between two or three powerful royal families. The caliber of personalities in these families will spell out the kind of family they are. Because of the complex nature of Lagos’ environment, sporadic shootings could occur, with government security agencies finding it difficult to quell when a major land is in dispute.
“Land disputes in Lagos, whether in Amuwo-Odofin, Lekki, Ikorodu, Badagry, or Epe, always have the same settlement system. Those involved include the big boys in town who have a financial war chest to prosecute any protracted struggle to recover and own their land. If you bought any land in Lagos and become incapable of developing it, you will have yourself to blame when you get there the next time to see that a property has already been erected.
Once the case starts, it lingers because the person who sold to you may not be the one who sold to the other, and everyone fights to consummate whatever money they may have collected. Land is the oil in Lagos, and whosoever has a plot of land in a lucrative area in Lagos can boast of having an oil rig. In some areas of Lagos, a plot of land could go for ₦700 million to ₦900 million. We don’t talk about Eko Atlantic City, Alaro City, or Banana Island, just to mention these few. In this regard, if you have a case to recover a plot of land you bought for ₦800 million, you would not mind spending ₦100 million to take possession of it,” he said.