Buying property in Nigeria is a major financial decision. Unfortunately, a property can appear genuine on the surface and still be affected by defective title, competing ownership claims, government acquisition, forged documents, undisclosed encumbrances or an unauthorised seller. A seller may show you a Certificate of Occupancy, Deed of Assignment, survey plan or other title document. The existence of a document, however, does not by itself establish that the seller has a valid and transferable interest in the property. The Court has emphasised that merely producing a document of title does not automatically establish ownership of land. The circumstances surrounding the title and the root of the interest being claimed remain important. This is why a buyer should investigate the property, the title, the seller and the transaction before paying the purchase price. What Does It Mean for a Property to Be Genuine? A property is not “genuine” merely because there is a building on it or because the seller possesses a document bearing an official-looking stamp. For a property transaction to be reasonably safe, the buyer should be able to establish that: the property actually exists as described; the person offering it for sale has a legitimate interest in it; the seller has authority to transfer that interest; the title documents are authentic; the documents correspond with the actual property; the property’s ownership history is capable of being established; there is no undisclosed competing claim that prevents the sale; the property is not affected by an undisclosed encumbrance; the property is not being sold by someone without authority; the transaction is not affected by fraud or forgery; and the buyer can properly acquire and perfect the interest being purchased. A proper investigation therefore goes beyond checking one document. How to Check Whether a Property Is Genuine Before Buying 1. Confirm the Identity of the Seller The first question should be: Who exactly is selling this property? Ask the seller to provide satisfactory identification and documents establishing their interest in the property. Where the seller claims to be the owner, compare their identity with the name appearing on the title documents. Where the seller’s name differs from the registered proprietor, do not assume that the difference is harmless. The seller should explain and establish the legal basis for the sale. For example, the seller could be: a subsequent purchaser; an administrator or executor of an estate; an attorney acting under a Power of Attorney; a company authorised to dispose of the property; a representative of a family or community; or another person deriving an interest from the registered owner. Each situation requires its own investigation. Why Seller Verification Matters One of the common forms of property fraud is a person presenting himself as the owner when he has no authority to sell the property. Even where the property exists and the documents look authentic, the transaction can still be unsafe if the person receiving your money is not legally entitled to sell. 2. Ask for the Complete Title Documents Do not rely on a single document supplied by the seller. Ask for the documents upon which the seller’s ownership or interest is based. Depending on the property, these may include: Certificate of Occupancy; Deed of Assignment; Deed of Lease; Governor’s Consent; registered survey plan; Gazette; allocation letter; previous title documents; purchase receipts; probate or letters of administration; court judgments or orders; and other documents forming part of the chain of title. The precise documents required will depend on the history and nature of the property. The important point is to understand how the seller acquired the property, not merely what document the seller currently possesses. 3. Verify the Title Documents Documents presented by a seller should be independently verified. Do not assume that a document is genuine simply because: it carries a government logo; it has a registration number; it contains official-looking stamps; the seller’s lawyer produced it; the seller says it was issued by the government; or another buyer previously relied on it. The relevant government records should be investigated where applicable. For example, Lagos State provides property-related services through its e-GIS platform, including property search and applications for Certified True Copies. Where a document is alleged to be registered, the buyer should investigate the relevant registry records and compare the information in those records with the document presented. 4. Conduct a Search at the Relevant Land Registry A property search is one of the most important stages of property due diligence. The purpose is to investigate the official records relating to the property and determine matters such as: the registered proprietor; the nature of the registered interest; previous transactions; registered encumbrances; mortgages or charges; assignments; restrictions; and other interests affecting the property. In Lagos, the relevant land records are maintained through the State’s land administration system, with online property-search services available through the Lagos e-GIS platform. However, a registry search should not be treated as the entire due-diligence exercise. A search result must be properly interpreted and compared with the seller’s documents and the physical property. 5. Trace the Root and Chain of Title One of the most important questions in a property transaction is: How did the seller acquire the property? If the seller acquired the property from another person, your lawyer should investigate that previous transaction. If the previous owner acquired it from another person, the investigation may need to go further. This is known as investigating the root and chain of title. The objective is to determine whether the seller’s interest can properly be traced to a person or entity with a legitimate interest capable of being transferred. A buyer should not assume that a recent Deed of Assignment automatically cures problems in an earlier title. The Court of Appeal has recognised that registration does not create an interest in land where no valid interest existed in the first place. This is an important principle when investigating property transactions. 6. Confirm That the Property Described in the Documents Is the Actual Property The documents
How to Conduct Property Due Diligence Before Buying Property in Lagos
Buying property in Lagos is a major financial decision. Whether you are purchasing land, a house, an apartment, or commercial property, the fact that a seller possesses documents relating to the property does not, by itself, mean that the seller has a valid and transferable title. A property may be subject to government acquisition, an existing mortgage, litigation, family claims, competing interests, restrictions on transfer, or other legal issues that may not be apparent from the property itself. This is why property due diligence in Nigeria should be undertaken before paying the purchase price or committing substantial funds to a transaction. Proper due diligence helps a prospective buyer establish who owns the property, the nature of the seller’s interest, whether the title is genuine and transferable, whether the property is affected by government acquisition or other encumbrances, and whether there are legal or practical obstacles to completing the transaction. What Is Property Due Diligence? Property due diligence is the process of investigating the ownership, title, history, legal status and other relevant circumstances surrounding a property before purchasing it. The purpose is not merely to determine whether the seller has a document. It is to establish whether the seller has good and marketable title and whether the buyer can safely acquire the interest being offered. Depending on the property, due diligence may involve: examining title documents; conducting searches at relevant government registries; investigating previous transfers of the property; confirming the identity and capacity of the seller; checking for mortgages, charges and other encumbrances; investigating pending or threatened litigation; determining whether the property is affected by government acquisition; inspecting the physical property; confirming that the property being sold corresponds with the documents; and reviewing the proposed contract and transaction documents. Why Is Property Due Diligence Important in Lagos? Lagos has a highly active property market, but property transactions can involve complicated chains of title and competing interests. A buyer may encounter situations where: the person presenting the property is not the true owner; a property has been sold to more than one person; a family member purports to sell family property without the necessary authority; a property is subject to a mortgage or other encumbrance; the property is affected by government acquisition; the seller’s title is defective; the property is already the subject of litigation; the dimensions or location of the property do not correspond with the documents; the seller lacks authority to sell; or the transaction documents contain terms that expose the buyer to unnecessary risk. These problems can be extremely expensive to resolve after completion. The safest time to discover a title problem is before you buy the property. 1. Identify the Seller and Confirm Their Capacity to Sell The first question should be: Who exactly is selling this property, and what gives that person the authority to sell it? If the property belongs to an individual, the buyer should verify the seller’s identity and examine the documents establishing the seller’s interest. If the property is owned by a company, the company’s ownership and authority to dispose of the property should be investigated. If the property belongs to a deceased person’s estate, the buyer should determine who has the legal authority to deal with the property. Family property requires particular caution. A person who claims to be the family head or a family representative may not necessarily have unlimited authority to dispose of family land. The buyer should therefore investigate the ownership structure rather than relying solely on the seller’s representation. 2. Examine the Root of Title A critical part of property due diligence is identifying the root of title. The root of title is the document or transaction from which the seller’s interest can be traced. Depending on the circumstances, relevant documents may include: a Deed of Assignment; Certificate of Occupancy; Governor’s Consent; Deed of Conveyance; grant or allocation documents; court judgment; vesting assent; probate or letters of administration; customary documents; or other documents establishing the history of the property. A buyer should not simply look at the latest document. The history of the title may reveal defects or competing interests. For example, if A transferred the property to B and B is now selling to C, it may be necessary to investigate how A acquired the property in the first place. A defective root of title can affect subsequent transactions. 3. Conduct an Official Search One of the most important stages of property due diligence is conducting an appropriate search at the relevant land registry. For property in Lagos, a legal practitioner can conduct the necessary searches and examine the records available from the relevant authorities. The purpose of the search is to establish matters such as: whether the title exists in the relevant records; the registered owner or holder of the interest; the nature of the interest; whether the property has been transferred; whether there are registered encumbrances; whether there is a mortgage or charge; whether there are restrictions affecting the property; and other matters disclosed by the registry records. A search should be carried out before substantial payment is made, rather than after the transaction has already been completed. 4. Investigate Government Acquisition A property may appear perfectly normal on physical inspection and still be affected by government acquisition. This is particularly important in Lagos, where land may be affected by various government schemes, infrastructure projects, committed acquisitions or other planning considerations. A buyer should therefore investigate whether the property falls within an area affected by government acquisition or other restrictions. This is one reason why merely asking the seller for a Certificate of Occupancy is insufficient. The legal status of the particular property must be independently investigated. 5. Compare the Documents With the Physical Property Legal due diligence should not be conducted entirely from a desk. The property should also be physically inspected. The buyer should compare the description contained in the title documents with the actual property. Among other things, the investigation should consider: location; boundaries; dimensions; access; adjoining properties; existing structures; occupation;
Recovery of Premises in Nigeria: What Landlords Need to Know
A landlord who wants a tenant to vacate rented premises cannot simply take the law into their own hands. The fact that the landlord owns the property does not dispense with the legal procedure for recovering possession from a tenant who is entitled to remain in possession. Where a tenancy has expired, rent remains unpaid, the tenant has breached the tenancy agreement or another lawful basis for termination exists, the landlord must follow the applicable procedure for recovery of premises. Failure to comply with the required procedure can delay possession and expose the landlord to unnecessary legal disputes. This article explains the essential steps a landlord should understand before commencing proceedings to recover possession of rented premises in Nigeria. What Does Recovery of Premises Mean? Recovery of premises is the legal process through which a landlord seeks to regain possession of property occupied by a tenant. The process is different from simply asking a tenant to leave. Where a tenant voluntarily surrenders possession, there is no need for contentious recovery proceedings. The difficulty arises where the tenant remains in possession despite the tenancy having lawfully come to an end. In such a situation, the landlord must use the procedure prescribed by the applicable law. Can a Landlord Recover Possession From a Tenant? Yes. A landlord is entitled to recover possession when the tenancy has lawfully determined and the landlord has complied with the applicable statutory and contractual requirements. Depending on the circumstances, the basis for recovery can include: expiration of the tenancy; failure to pay rent; breach of the tenancy agreement; use of the premises for an unlawful purpose; unauthorised subletting; persistent nuisance; substantial damage to the premises; or another recognised ground for termination. However, the landlord must establish the legal basis for recovery and follow the appropriate procedure. Does a Landlord Need to Give Notice Before Recovering Possession? In many cases, yes. The precise notice required depends on the nature of the tenancy, the terms of the agreement and the applicable legislation. A landlord should not assume that because rent has expired the tenant can immediately be physically removed. The applicable law can require a notice to quit or other statutory notice before proceedings for possession can properly be commenced. This is why the landlord must first establish the type of tenancy involved. What Is a Notice to Quit? A notice to quit is a notice informing a tenant that the landlord intends to terminate the tenancy and requires the tenant to surrender possession. The length of the notice depends on the type of tenancy and the applicable law. The tenancy agreement can also be relevant where it contains provisions concerning termination. The notice must comply with the applicable legal requirements. A defective notice can create procedural problems and potentially result in the landlord’s claim failing. Is a Notice to Quit Always Required? Not in every situation. The requirement depends on the nature of the tenancy and the circumstances in which possession is being sought. For example, where a fixed-term tenancy has expired by effluxion of time, the legal position concerning notice can differ from a situation where the landlord seeks to terminate a periodic tenancy before its natural expiration. There are also circumstances in which the law permits recovery proceedings without the ordinary notice to quit. The landlord should therefore obtain advice on the particular tenancy rather than using the same notice for every tenant. What Is a Notice of Owner’s Intention to Recover Possession? A landlord may also be required to serve a notice informing the tenant of the landlord’s intention to commence proceedings to recover possession. This is distinct from the notice to quit. The precise terminology and requirements depend on the applicable recovery of premises legislation. For example, under the Lagos State Tenancy Law 2011, where a tenancy has been determined and the tenant remains in possession, the landlord is required to serve the appropriate statutory notice before commencing proceedings for recovery of possession. The landlord should therefore ensure that the correct notice is prepared and served in accordance with the applicable law. What Happens If the Tenant Refuses to Leave? If the tenancy has lawfully ended and the tenant refuses to surrender possession, the landlord can commence proceedings for recovery of possession. The landlord should not: change the locks; remove the tenant’s belongings; disconnect utilities to force the tenant out; physically eject the tenant; threaten the tenant; or employ other forms of self-help. The appropriate course is to commence the necessary legal proceedings. See Can a Landlord Evict a Tenant Without a Court Order in Nigeria? for a detailed discussion of unlawful eviction and self-help. What Court Handles Recovery of Premises? The appropriate court depends on the location of the property, rental value, the applicable law and the nature of the claim. The Magistrate Court and the High Court of the State the property is located are usually the courts with jurisdiction depending on the value of the rent. A landlord should establish the proper court before commencing proceedings rather than assuming that any court can hear the claim. The applicable state legislation and procedural rules should be examined before filing. What Should a Landlord Claim in a Recovery of Premises Action? The reliefs depend on the circumstances of the case. A landlord can seek appropriate orders relating to: recovery of possession; arrears of rent; mesne profits; damages where legally recoverable; costs; and other appropriate reliefs. The landlord should plead and prove each claim separately. Can a Landlord Recover Rent and Possession in the Same Case? Yes. A landlord does not have to choose between recovering possession and recovering money properly due from the tenant. Where the tenant remains in possession after the tenancy has determined, the landlord can claim mesne profits for the period during which the tenant wrongfully remains in possession. Mesne profits are essentially compensation for the loss of the landlord’s use and occupation of the premises during the period of wrongful possession. The landlord can therefore, where properly established,
Landlord and Tenant Disputes in Nigeria: Legal Remedies Available to Tenants
Landlord and tenant disputes are common in Nigeria. They can arise over rent increases, eviction, unpaid rent, refusal to renew a tenancy, failure to refund a deposit, unlawful entry, damage to property, utility bills and other disagreements concerning the use or possession of rented premises. Although a landlord owns the property, ownership does not give the landlord an unrestricted right to interfere with a tenant’s lawful possession. A tenant, likewise, is not entitled to remain in possession indefinitely or disregard the terms of the tenancy. The rights and obligations of both parties are determined by the tenancy agreement, applicable legislation and the general principles of landlord and tenant law. Where a dispute cannot be resolved amicably, a tenant has legal remedies available. What Are the Most Common Landlord and Tenant Disputes in Nigeria? Landlord and tenant disputes commonly involve: rent increases; non-payment of rent; eviction and recovery of possession; inadequate or defective premises; refusal to renew a tenancy; disputes over security or caution deposits; unlawful entry into rented premises; harassment or threats by a landlord; disconnection of electricity or water; disputes over service charges; alleged damage to the property; recovery of rent arrears; refusal to accept rent; and disagreements over the terms of the tenancy. The appropriate remedy depends on the nature of the dispute. What Law Governs a Landlord and Tenant Dispute in Nigeria? There is no single landlord and tenant law that governs every tenancy throughout Nigeria. Landlord and tenant matters are substantially regulated by the law applicable in the particular jurisdiction where the property is situated. For example, Lagos State has the Lagos State Tenancy Law 2011, while other states have their own legislation or applicable rules governing tenancy and recovery of premises. The tenancy agreement is also important. Accordingly, before commencing proceedings, a tenant should determine: where the property is located; what legislation applies; whether there is a written tenancy agreement; what the agreement provides; and what exactly the landlord has done or failed to do. Can a Landlord Evict a Tenant Without a Court Order? A landlord cannot simply use self-help to eject a tenant from premises where the law requires judicial recovery of possession. A landlord who wants to recover possession must comply with the applicable legal procedure. Depending on the nature and duration of the tenancy, this can involve the appropriate notice and, where the tenant does not surrender possession, proceedings for recovery of possession. A landlord should not resort to: changing the locks; removing the tenant’s belongings; physically forcing the tenant out; disconnecting essential services to force the tenant to leave; or employing threats or violence. The legal procedure for recovery of premises should be followed. For a detailed explanation, see [Can a Landlord Evict a Tenant Without a Court Order in Nigeria?]. What Can a Tenant Do If the Landlord Attempts an Illegal Eviction? A tenant facing an attempted unlawful eviction should document what is happening and obtain legal advice promptly. The tenant should preserve: photographs and videos; messages from the landlord; letters and notices; evidence of threats; evidence of damage to property; rent payment records; and witness details. Where appropriate, the tenant can seek judicial relief to protect the tenant’s possession or pursue a claim arising from the landlord’s unlawful conduct. The precise remedy depends on the facts. Can a Tenant Challenge an Excessive Rent Increase? Yes. A landlord can propose a new rent, but the legality of an increase depends on the existing tenancy, the tenancy agreement and the applicable law. In Lagos State, Section 37 of the Lagos State Tenancy Law 2011 provides an existing tenant with a statutory procedure for challenging an increase considered unreasonable. The court can consider factors including the general level of rents in the locality, evidence presented by the parties and special circumstances relating to the premises. For more information, see [Can a Tenant Refuse a Rent Increase in Nigeria?]. What If the Landlord Increases Rent During an Existing Fixed Tenancy? A fixed-term tenancy and a new tenancy after expiration should be distinguished. Where a tenant has entered into a fixed-term tenancy at an agreed rent, the landlord cannot ordinarily change the agreed rent during the fixed term contrary to the tenancy agreement. The position can be different where the agreement contains a valid rent review clause. A tenant should therefore examine the tenancy agreement before deciding whether an increase is legally enforceable. What If a Landlord Refuses to Renew the Tenancy? A tenant does not automatically acquire a right to renew every tenancy simply because the tenant has occupied the property for a long period or has consistently paid rent. The position depends on the tenancy agreement, any contractual option to renew and the circumstances surrounding the tenancy. Where there is no written tenancy agreement, the tenancy can still be express or implied. However, an implied tenancy is not the same thing as an automatic implied right of renewal. Where a landlord refuses to renew, the tenant should establish whether there is a contractual or other legal basis for requiring renewal. See [What to Do When a Landlord Refuses to Renew a Tenancy Agreement in Nigeria] for a detailed discussion. What If There Is No Written Tenancy Agreement? The absence of a written agreement does not mean that the tenant has no legal protection. For example, Section 3 of the Lagos State Tenancy Law 2011 recognises tenancy agreements that are express or implied, oral or written, or partly oral and partly written. A tenancy can therefore be established through: oral agreement; payment of rent; possession; receipts; correspondence; conduct of the parties; and other evidence establishing the tenancy. A tenant should therefore preserve evidence of the tenancy even where no formal document was executed. Can a Tenant Sue a Landlord for Refusing to Refund a Security Deposit? Yes, where the tenant has an established entitlement to the money. The first question is whether the payment was actually a refundable security or caution deposit and what the tenancy agreement says about it. A
How to Recover Your Rent Deposit from a Landlord in Nigeria
Many tenants in Nigeria pay a caution fee, security deposit or other form of deposit when taking possession of a rented property. The money is usually intended to protect the landlord against damage to the property, unpaid bills or other obligations of the tenant. The problem often arises when the tenancy ends and the landlord refuses to return the deposit. A tenant may hear statements such as: “The money is not refundable.” “It is part of the rent.” “You damaged the property.” “I will refund it when I am ready.” “The previous tenant never got theirs back.” Whether the landlord is entitled to retain the money depends on the nature of the payment, the tenancy agreement, the reason for the deduction, etc. A tenant who is entitled to a refund does not have to simply abandon the money. There are practical and legal steps that can be taken to recover it. What Is a Rent Deposit? The expression “rent deposit” is often used loosely in Nigeria to describe different payments made by a tenant. It is therefore important to establish exactly what the tenant paid. A payment described as a caution fee or security deposit is different from rent paid in advance. Caution Fee or Security Deposit A caution fee or security deposit is generally money held as security against specified obligations of the tenant. Depending on the agreement, it can be used to cover matters such as: damage caused by the tenant; unpaid utility bills; outstanding obligations under the tenancy agreement; missing items belonging to the landlord; or other losses expressly covered by the agreement. It is not ordinarily the same thing as rent. Rent Paid in Advance Rent paid in advance is consideration for the tenant’s occupation of the premises for the agreed rental period. It should not automatically be described as a security deposit. For example, if a tenant pays ₦2 million as one year’s rent, that ₦2 million is rent. If the tenant separately pays ₦200,000 as a caution fee, the ₦200,000 has a different legal character. This distinction becomes important when the tenancy ends. Is a Caution Fee Refundable in Nigeria? Generally, where a payment was genuinely made as a security or caution deposit, it is refundable subject to legitimate deductions authorised by the tenancy agreement or otherwise legally recoverable from the tenant. The landlord is not entitled to simply convert a security deposit into additional income because the tenancy has ended. The precise entitlement, however, depends on the agreement and the circumstances. The safest approach is to examine the document or receipt describing the payment. If the tenancy agreement expressly states that the caution fee is refundable at the end of the tenancy, subject to specified deductions, the tenant has a clear contractual basis for demanding its return. If the agreement is silent, the nature and purpose of the payment, the parties’ conduct and the surrounding circumstances become important. Can a Landlord Keep the Entire Deposit? Not simply because the tenant has vacated. A landlord who intends to retain all or part of a security deposit should have a legitimate basis for doing so. For example, the landlord can have grounds to deduct the reasonable cost of repairing damage actually caused by the tenant where the tenant is contractually responsible for that damage. The landlord should not treat ordinary deterioration resulting from normal use as though it were automatically compensable damage. The question is whether there is a legitimate loss for which the tenant is responsible. What Can a Landlord Deduct from a Security Deposit? The answer depends on the tenancy agreement and the applicable law. Common legitimate deductions can include: the reasonable cost of repairing damage caused by the tenant; unpaid utility bills attributable to the tenant; unpaid rent or other sums contractually owed; the cost of replacing missing items belonging to the landlord; and other amounts which the tenancy agreement validly permits the landlord to deduct. The landlord should be able to explain the basis of the deduction. A tenant should therefore ask the landlord for a breakdown where the landlord refuses to refund the entire deposit. Can a Landlord Deduct Money for Ordinary Wear and Tear? Ordinary wear and tear is different from damage caused by the tenant. A property naturally deteriorates through ordinary occupation. Examples can include: minor marks on walls; ordinary fading of paint; normal deterioration of fittings through age; reasonable wear to flooring; and other deterioration resulting from ordinary use. A landlord should not automatically charge the tenant for every change in the condition of the property. Where the landlord claims that the tenant caused damage, the tenant should request evidence of the alleged damage and the cost of rectification. What If the Landlord Says the Deposit Is Non-Refundable? The first question is: What exactly did the tenant agree to pay? The word “fee” alone does not necessarily determine the legal character of a payment. If the payment was expressly described in the tenancy agreement as a non-refundable fee, it must be distinguished from a payment expressly described as a refundable caution or security deposit. The court will look at the agreement and the circumstances surrounding the payment. A tenant should therefore not assume that every payment called a “caution fee” is automatically refundable without examining the agreement. Conversely, a landlord should not simply label a genuine security deposit “non-refundable” after receiving it if that is inconsistent with the parties’ agreement. What If There Is No Written Tenancy Agreement? The absence of a written tenancy agreement does not necessarily prevent a tenant from recovering a deposit. The tenant can rely on other evidence showing: that the money was paid; the amount paid; who received it; the purpose for which it was paid; the condition of the property; the circumstances in which the tenancy ended; and any agreement concerning repayment. Evidence can include: bank transfer records; receipts; WhatsApp messages; text messages; emails; photographs; videos; witness testimony; and communications with the landlord or agent. This is another reason why