Owning land and having possession of it are not always the same thing. A person may hold valid title documents but discover that another individual has entered the property, erected a fence, commenced construction or refused to vacate. In other cases, a purchaser may have paid for land but never received possession, or a person who was initially permitted to occupy property may subsequently refuse to surrender it. These situations raise an important legal question: how can a person lawfully recover possession of land in Nigeria? The answer depends on the nature of the claimant’s rights, the identity and legal status of the occupier, and the circumstances in which possession was lost or withheld. Nigerian law provides remedies for persons entitled to possession, including actions for recovery of possession, injunctions, damages for trespass and, where necessary, declarations of title. However, the correct procedure must be followed. A landowner should not assume that possession can be recovered simply by presenting a Certificate of Occupancy to the police or forcibly removing an occupier. This article explains how to recover possession of land in Nigeria, the legal requirements, available remedies, evidence needed and mistakes to avoid. What Does Recovery of Possession of Land Mean? Recovery of possession is the legal process through which a person entitled to possess land seeks to regain physical control of it from another person who is wrongfully withholding possession. The remedy may be appropriate where: Someone unlawfully occupies land belonging to another person. A trespasser takes possession of a property. A purchaser acquires a valid interest but the seller refuses to deliver possession. An occupier remains after their lawful right to possess the land has ended. A person is dispossessed through an unlawful act. Competing parties claim the right to occupy the same land. The central issue is whether the claimant has a legal right to recover possession from the particular defendant. This is not always identical to determining ultimate ownership. What Is the Difference Between Ownership and Possession of Land? Ownership concerns the legal interest a person holds in land. Possession concerns control of the land, together with the legally relevant intention to exercise that control. For example, a landlord may own a property while a tenant enjoys exclusive possession during a valid tenancy. Similarly, a purchaser may have acquired an interest in land but may not yet have received possession from the seller. A person who has title does not necessarily have an immediate right to recover possession from every occupier. The court must consider the nature of the parties’ interests and whether the claimant is presently entitled to possession. This distinction is particularly important when deciding whether the appropriate action is recovery of possession, trespass, declaration of title or a tenancy-related proceeding. Who Can Sue to Recover Possession of Land in Nigeria? A person who establishes a legally enforceable right to immediate possession may be entitled to commence proceedings for recovery of land. Depending on the circumstances, this may include: A landowner entitled to immediate possession. A purchaser who has acquired the relevant enforceable rights. A landlord whose right to recover premises has arisen following lawful termination of a tenancy and compliance with applicable requirements. A person unlawfully dispossessed of land. A personal representative acting in relation to estate property, where properly authorised. Another person with a legally sufficient possessory interest. The claimant must establish the basis of the right asserted. A person cannot succeed merely by alleging that the defendant has no right to occupy the land. When Can a Landowner Recover Possession? A landowner may seek recovery of possession where the right to immediate possession has accrued and another person wrongfully retains control of the land. Common examples include the following. 1. When a Trespasser Occupies the Land If a stranger enters land and takes possession without lawful justification, the person entitled to possession may commence proceedings to recover it. Depending on the facts, the claimant may also seek damages for trespass and an injunction against further interference. 2. When a Purchaser Is Denied Possession A purchaser may discover that the seller refuses to hand over the property or that another person occupies it. The purchaser’s rights will depend on the sale agreement, the interest transferred, the agreed date for delivery of possession and the legal status of the occupier. Possible remedies may include enforcement of the agreement, recovery of possession, damages or other appropriate relief. Where the seller lacks title or the property has been sold to another person, additional questions arise concerning the validity of the transaction. 3. When an Occupier Refuses to Vacate An occupier who initially entered lawfully may subsequently refuse to leave after the legal basis for occupation has ended. However, the procedure depends on whether the person is a tenant, licensee, caretaker, purchaser or another category of occupier. A landowner should not treat all occupiers as trespassers. 4. When Someone Takes Possession Through Force or Unlawful Conduct Where a person is unlawfully dispossessed, court proceedings may be necessary to restore possession. The affected person should preserve evidence of the dispossession and seek legal advice promptly. Self-help measures, including violence or forced eviction, can create additional legal liability. Step 1: Establish Your Right to Possession Before commencing proceedings, determine the legal basis on which you are entitled to recover the property. Relevant questions include: How did you acquire your interest? What documents support that interest? Were you previously in possession? How did the defendant enter the land? Does the defendant claim ownership or another legal right? Was the defendant permitted to occupy the property? If permission was granted, has it lawfully ended? Is there an existing court order concerning possession? Has any limitation period expired? What relief is required to restore possession? These questions help determine the appropriate cause of action and procedure. For example, the legal requirements for recovering premises from a tenant differ from those for recovering vacant land occupied by a stranger. Step 2: Gather Evidence of Your Rights and the Occupation Evidence is