Rent is one of the most important obligations of a tenant. When a tenant stops paying rent, the situation can quickly become stressful for a landlord, particularly where the outstanding rent continues to accumulate while the tenant remains in possession of the property. However, a landlord should not resort to threats, force, or self-help simply because rent is unpaid. There are lawful steps that can be taken to recover outstanding rent and, where appropriate, recover possession of the property. This article explains what to do when a tenant stops paying rent in Nigeria, the options available to landlords, and some common mistakes to avoid. What Should a Landlord Do When a Tenant Stops Paying Rent? When rent becomes outstanding, a landlord should first establish exactly what is owed and review the tenancy agreement before taking further action. The appropriate response may include: Confirming the rent arrears. Communicating with the tenant. Reviewing the tenancy agreement. Making a formal demand for payment. Negotiating a repayment arrangement where appropriate. Taking the appropriate legal steps if the tenant refuses to pay. Considering recovery of possession where legally justified. The correct approach depends on the circumstances of the tenancy and the applicable law. Step 1: Confirm the Rent Arrears Before making a demand, the landlord should establish the exact amount outstanding. Check: The agreed rent. The date the rent became due. Previous payments. Any part payments. Receipts issued. Bank transfers. Other charges properly payable under the tenancy agreement. Maintaining accurate records can prevent disagreements about the amount owed. Step 2: Review the Tenancy Agreement The tenancy agreement should be carefully examined to determine the tenant’s obligations and the landlord’s rights. Pay attention to provisions dealing with: Rent payment. Due dates. Default. Termination. Notice. Renewal. Service charges. Repairs and maintenance. Dispute resolution. The agreement may contain provisions that affect the steps the landlord should take. Step 3: Communicate With the Tenant Before immediately commencing legal proceedings, the landlord may contact the tenant to determine why the rent has not been paid. There may be a temporary financial difficulty, a misunderstanding about the amount due, or another issue that can be resolved without litigation. Where the tenant genuinely intends to pay, the parties may agree on a reasonable repayment arrangement. Any repayment arrangement should preferably be documented in writing. Step 4: Make a Formal Demand for Payment If informal discussions do not resolve the problem, the landlord may make a formal demand for the outstanding rent. A demand should clearly state: The amount outstanding. The period for which rent is unpaid. The basis of the claim. The deadline for payment. The consequences of failing to pay. In appropriate circumstances, a lawyer may issue a formal demand letter on behalf of the landlord. A formal demand can demonstrate that the landlord gave the tenant an opportunity to resolve the arrears before taking further action. Step 5: Consider a Repayment Arrangement Not every rent dispute needs to end in litigation. If the tenant is temporarily unable to pay the entire amount, the landlord may consider negotiating a repayment plan. For example, the parties may agree that the tenant will: Pay an initial amount immediately. Pay the balance in instalments. Continue paying current rent as it falls due. Vacate the property by an agreed date, where appropriate. Any agreement should clearly record the terms agreed by both parties. What If the Tenant Still Refuses to Pay? If the tenant continues to refuse payment, the landlord may need to consider legal action. This usually involves pursuing recovery of the outstanding rent and seeking recovery of possession. Can a Landlord Lock Out a Tenant for Non-Payment of Rent? A landlord should be extremely cautious about taking unilateral steps to force a tenant out. Changing the locks, removing the tenant’s belongings, disconnecting essential services, or using force may expose the landlord to legal consequences. The fact that rent is outstanding does not automatically give a landlord the right to use self-help to recover possession. Where possession is required, the landlord should follow the applicable legal procedure. For a detailed explanation of the process for recovering possession, see our guide on [How to Legally Evict a Tenant in Nigeria]. Can a Landlord Recover Both Rent and Possession? Yes. A landlord can claim both outstanding rent and recovery of possession from a tenant who has defaulted, where the relevant legal requirements are satisfied. However, it is important to distinguish between rent arrears and mesne profits. Rent Arrears Rent arrears are amounts of rent that became due and payable during the subsistence of the tenancy but remain unpaid by the tenant. For example, if a tenant was required to pay ₦2,000,000 annually and failed to pay the rent when it fell due, the unpaid amount constitutes rent arrears. Mesne Profits Mesne profits are generally the compensation payable for the use and occupation of premises after the tenant’s lawful right to remain in possession has come to an end. Once the tenancy has been properly determined but the tenant remains in possession, the landlord may seek mesne profits for the period of such wrongful occupation until possession is recovered, subject to the applicable law and proof required. Therefore, where a tenant remains in possession after the lawful termination of the tenancy, the landlord’s claim may include: Recovery of possession; Outstanding rent that accrued during the tenancy; and Mesne profits for the period of unlawful occupation after the tenancy has ended. The distinction is important because rent and mesne profits relate to different periods of occupation and should not simply be treated as interchangeable terms. A landlord seeking to recover both possession and money from a defaulting tenant should ensure that the appropriate claims and reliefs are properly pleaded and supported by evidence. What Evidence Should a Landlord Keep? A landlord dealing with rent arrears should preserve all relevant evidence. This may include: The tenancy agreement. Rent receipts. Bank statements. Transfer confirmations. Messages exchanged with the tenant. Formal demands. Records of previous payments. Any written acknowledgement of
How to Apply for Probate and Letters of Administration in Nigeria
The death of a loved one is often an emotionally challenging experience. In addition to coping with grief, family members may also need to manage the deceased’s assets, settle outstanding debts, and distribute the estate to those legally entitled to inherit. In Nigeria, this process is generally carried out through Probate or Letters of Administration, depending on whether the deceased left a valid Will. Understanding how to apply for probate and letters of administration in Nigeria can help executors, beneficiaries, and family members navigate the legal process and avoid unnecessary delays. What Is Probate? Probate is the legal authority granted by the Probate Registry to the executor(s) named in a valid Will, confirming their authority to administer the deceased’s estate in accordance with the Will. Once Probate is granted, the executor can generally: Collect the deceased’s assets. Pay outstanding debts and liabilities. Manage the estate. Transfer or distribute assets to the beneficiaries named in the Will. What Are Letters of Administration? Letters of Administration are issued where a person dies without leaving a valid Will or where no executor is able or willing to act. The Probate Registry appoints one or more suitable persons, known as administrators, to manage and distribute the estate in accordance with the applicable law. Although Probate and Letters of Administration serve similar purposes, they apply in different circumstances. When Is Probate Required? Probate is commonly required where the testator bequeathed assets to beneficiaries in a Will such as: Land and buildings. Bank accounts. Investments. Company shares. Motor vehicles. Business interests. Other valuable property. When Are Letters of Administration Required? Letters of Administration may be necessary where: The deceased died without a valid Will. The named executor has died. The executor refuses to act. The executor is unable to act. No executor was appointed under the Will. The applicable succession law and the circumstances of the estate will determine who is entitled to apply. Step 1: Determine Whether a Valid Will Exists The first step is to determine whether the deceased left a valid Will. If there is a valid Will naming an executor, an application for Probate is generally appropriate. If there is no valid Will, an application for Letters of Administration may be required. Step 2: Identify the Assets and Liabilities Prepare a list of the deceased’s: Real property. Bank accounts. Investments. Vehicles. Business interests. Personal belongings of value. Outstanding debts and liabilities. A proper inventory assists in the administration of the estate and in preparing the necessary documents. Step 3: Obtain the Required Documents The documents required may vary depending on the jurisdiction and the nature of the application. Depending on the circumstances, they may include: Death certificate. Original Will (for Probate applications). Details of beneficiaries. Passport photographs, where required. Means of identification of the applicants. Schedule of the deceased’s assets. Oath or declaration required by the Probate Registry. Other supporting documents required by the relevant Probate Registry. Applicants should confirm the current requirements in the relevant state. Step 4: File the Application at the Probate Registry Applications are generally made to the Probate Registry of the High Court in the appropriate state. The application is reviewed to ensure compliance with the applicable legal requirements. Where additional documents or information are required, the Registry may request them before processing the application. Step 5: Valuation of the Estate Depending on the applicable practice, the estate or certain assets may be assessed or valued for the purpose of determining applicable fees or duties. The valuation process helps establish the value of the estate being administered. Step 6: Pay the Applicable Fees Applicants are generally required to pay the prescribed Probate fees and other statutory charges applicable in the relevant jurisdiction. The amount payable may depend on the value of the estate and the applicable rules. Step 7: Grant of Probate or Letters of Administration Once the Registry is satisfied that all legal requirements have been met, it may issue: A Grant of Probate; or Letters of Administration. The personal representatives may then proceed with the lawful administration of the estate. Duties of Executors and Administrators Executors and administrators owe important legal duties, including: Identifying and securing estate assets. Paying lawful debts and liabilities. Keeping proper records. Acting in the best interests of the estate. Distributing the estate according to the Will or the applicable law. Accounting to beneficiaries where required. They should avoid conflicts of interest and always act honestly and responsibly. Common Mistakes to Avoid Many delays arise because applicants: Fail to determine whether a valid Will exists. Submit incomplete documentation. Understate or omit estate assets. Ignore outstanding liabilities. Delay commencing the application. Attempt to distribute assets before obtaining the appropriate grant. Fail to obtain professional legal advice. Avoiding these mistakes can significantly reduce delays in the administration process. Can Estate Assets Be Shared Before Probate? As a general rule, personal representatives should avoid distributing estate assets before obtaining the appropriate legal authority. Doing so may expose them to legal disputes or personal liability, particularly where debts remain unpaid or competing claims exist. The appropriate course of action depends on the facts of each estate. How Long Does the Process Take? There is no fixed timeline. The duration of a Probate or Letters of Administration application may depend on factors such as: The completeness of the application. The size and complexity of the estate. Whether there are disputes. Compliance with Registry requirements. Administrative processing times. Early preparation and proper documentation can help minimise delays. Why Legal Advice Is Important The administration of an estate involves legal, procedural, and practical considerations. A lawyer can assist by: Advising whether Probate or Letters of Administration is appropriate. Preparing the required documents. Filing the application. Liaising with the Probate Registry. Advising executors and administrators on their legal duties. Resolving estate disputes where they arise. Assisting with the transfer and distribution of estate assets. Professional guidance can help ensure that the estate is administered efficiently and in accordance with the law. How Lexforte Attorneys Can Help At Lexforte
Land and Property Documentation in Nigeria: Documents Every Property Buyer Should Know
Purchasing land or other real estate is one of the most significant financial decisions many people will make. Unfortunately, many buyers focus solely on the location and price of a property while paying little attention to the documents that establish ownership and legal rights. A property may appear attractive and be offered at a competitive price, yet the absence of proper documentation or the presence of defective title documents can expose a buyer to fraud, litigation, or the loss of their investment. Understanding land and property documentation in Nigeria is therefore essential before purchasing any property. Why Property Documentation Matters Property documents help establish ownership, transfer interests in land, and provide evidence of the legal rights attached to a property. They also assist buyers, financial institutions, and investors in assessing whether a property is suitable for purchase or financing. Proper documentation can help: Verify ownership. Confirm the seller’s legal interest. Reduce the risk of fraud. Facilitate property transactions. Support applications for loans or mortgages. Protect the purchaser’s investment. However, possessing a document does not automatically guarantee that the title is valid. Each document should be carefully examined during legal due diligence. 1. Certificate of Occupancy (C of O) A Certificate of Occupancy (C of O) is one of the most recognised land title documents in Nigeria. It is generally issued by the appropriate state government and evidences a statutory right of occupancy over the land. Although a Certificate of Occupancy is an important title document, buyers should not assume that its existence automatically resolves every issue relating to ownership. The authenticity of the document and the circumstances surrounding its issuance should still be verified. 2. Deed of Assignment A Deed of Assignment is the document commonly used to transfer the seller’s interest in land to a purchaser. It usually contains important details such as: The identities of the parties. A description of the property. The interest being transferred. The agreed consideration. The rights and obligations of the parties. A purchaser should ensure that the deed is properly prepared, executed, and, where necessary, perfected in accordance with the applicable law. 3. Deed of Lease A Deed of Lease is used where a property owner grants another person the right to occupy or use land or a building for a specified period under agreed terms and conditions. Unlike a sale, a lease generally does not transfer ownership of the property. The document usually specifies: The duration of the lease. Rent and other payments. Rights and obligations of the parties. Conditions for renewal or termination. 4. Deed of Gift A Deed of Gift records the voluntary transfer of property from one person to another without monetary consideration. It is commonly used where property is transferred between family members or donated for charitable or personal reasons. The legal requirements for an effective gift should be carefully observed. 5. Governor’s Consent Where applicable, transactions involving interests in land may require the Governor’s Consent under Nigerian law. Failure to obtain consent where legally required may affect the validity or enforceability of the transaction. The necessity for Governor’s Consent depends on the nature of the transaction and the applicable law. 6. Survey Plan A Survey Plan identifies the precise location, dimensions, and boundaries of a property. It may assist in determining: The exact position of the land. Boundary measurements. Whether the property overlaps neighbouring land. Whether it falls within areas affected by government acquisition. Survey plans should be reviewed by qualified professionals where necessary. 7. Power of Attorney A Power of Attorney authorises one person to act on behalf of another. In property transactions, it may empower an attorney to negotiate, execute documents, or complete a sale on behalf of the property owner. Where a seller relies on a Power of Attorney, the purchaser should verify its authenticity, scope, and validity. 8. Deed of Mortgage Where land is used as security for a loan, the parties may execute a Deed of Mortgage. Before purchasing property, buyers should investigate whether any mortgage or other encumbrance affects the title. Failure to do so could result in acquiring property subject to existing financial obligations. 9. Probate Where a property owner dies leaving a valid will, Probate confirms the authority of the executors to administer the estate in accordance with the will. If property forms part of a deceased person’s estate, purchasers should verify that the persons dealing with the property have the necessary legal authority. 10. Letters of Administration Where a person dies without leaving a valid will, the appropriate authority may issue Letters of Administration to eligible persons, authorising them to administer the estate. Anyone purchasing property from an estate should verify the administrators’ authority before proceeding with the transaction. 11. Excision Excision refers to the process by which government releases a portion of land previously under acquisition back to the indigenous community or other beneficiaries. Not every parcel of land described as “excised” enjoys the same legal status. Buyers should ensure that the relevant government approvals and records support any claim of excision. 12. Gazette A Gazette is an official government publication that may record, among other matters, details relating to excised land. Where a seller claims that land falls within an excised area, the relevant Gazette should be carefully verified. 13. Court Judgment as Root of Title Ownership of land may also arise from a valid court judgment determining the rights of the parties. Where title is founded on a judgment, buyers should examine: The judgment itself. Whether any appeal affects it. Whether the judgment has been complied with. Any subsequent documents relating to the property. Professional legal review is particularly important in such situations. Why One Document Is Not Enough Many buyers believe that seeing a Certificate of Occupancy or Deed of Assignment automatically makes a property safe to purchase. That assumption can be costly. The validity of a property transaction depends on a combination of factors, including: The seller’s legal authority. The chain of title. Proper execution of documents. Registration and perfection where required.
How to Conduct Land Due Diligence Before Investing in Real Estate
Real estate remains one of the most attractive investment opportunities in Nigeria. Whether you are purchasing land to build a home, acquire commercial property, develop an estate, or hold it as a long-term investment, conducting proper due diligence is essential. Many property buyers have suffered financial losses after purchasing land with defective titles, buying from persons without legal authority to sell, or investing in properties affected by government acquisition, litigation, or competing ownership claims. Understanding how to conduct land due diligence before investing in real estate can help you minimise these risks and make informed investment decisions. What Is Land Due Diligence? Land due diligence is the process of investigating a property before purchasing or investing in it. It involves verifying the ownership, title, legal status, physical condition, and any issues that may affect the buyer’s rights or the property’s value. Due diligence helps a prospective purchaser answer important questions such as: Does the seller have the legal right to sell the property? Is the title valid? Is the property free from disputes or encumbrances? Is the land affected by government acquisition? Are there any pending court cases involving the property? Skipping these checks can expose a buyer to avoidable legal and financial risks. Why Land Due Diligence Is Important Conducting proper due diligence can help you: Avoid fraudulent transactions. Confirm that the seller has the legal authority to sell. Identify defective or questionable titles. Discover existing encumbrances. Reduce the risk of litigation. Protect your investment. Make informed purchasing decisions. Investing a little time in due diligence can save years of costly disputes. 1. Verify the Identity and Authority of the Seller Before discussing price or signing any document, confirm the identity of the person offering the property for sale. Ask questions such as: Is the seller the registered owner? Is the seller acting under a valid power of attorney? Is the seller an administrator or executor of an estate? Is the seller authorised by a company, family, or community to dispose of the property? If the seller lacks the legal authority to sell, the transaction may become problematic regardless of how much money has been paid. 2. Inspect the Property A physical inspection is an essential part of how to conduct land due diligence before investing in real estate. During the inspection, consider: The location. Accessibility. Existing developments. Physical boundaries. Beacons or survey markers. Signs of occupation. Any ongoing construction. Neighbouring properties. A site inspection may also reveal issues that are not apparent from documents alone. 3. Verify the Title Documents Ask the seller to provide copies of all relevant title documents. Depending on the circumstances, these may include: Certificate of Occupancy. Deed of Assignment. Deed of Gift. Deed of Lease. Governor’s Consent. Survey Plan. Probate documents. Letters of Administration. Court judgments affecting title. Possessing title documents does not automatically prove ownership. Their authenticity and legal effect should be verified. 4. Conduct Searches at the Appropriate Land Registry One of the most important aspects of land due diligence is conducting official searches. A Land Registry search may help confirm: The registered owner. Whether the title is registered. Existing encumbrances. Registered mortgages. Cautions or restrictions. Other interests affecting the property. The scope of available information depends on the records maintained in the relevant jurisdiction. 5. Verify the Survey Plan A survey plan should be examined to confirm the location and dimensions of the property. Professional review may help determine whether: The survey corresponds with the land being sold. The property falls within government acquisition. There are overlaps with neighbouring land. There are inconsistencies requiring further investigation. A defective or inaccurate survey can create significant problems after purchase. 6. Confirm That the Land Is Not Subject to Government Acquisition One of the biggest mistakes property buyers make is assuming that every available parcel of land can lawfully be purchased and developed. Some land may be: Under government acquisition. Subject to committed acquisition. Reserved for public purposes. Affected by planning restrictions. The legal implications vary depending on the nature of the acquisition and the applicable law. Proper enquiries should therefore be made before committing to the purchase. 7. Investigate Whether There Are Pending Court Cases Where possible, enquire whether the property is the subject of: Pending litigation. Family disputes. Boundary disputes. Ownership disputes. Probate disputes. Other legal proceedings. 8. Check for Existing Occupants Land is not always vacant simply because it appears undeveloped. Determine whether the property is occupied by: Tenants. Customary occupants. Farmers. Family members. Caretakers. Other persons claiming an interest. The rights of occupants should be properly investigated before purchase. 9. Verify Planning and Development Restrictions If your intention is to build immediately after purchase, you should also consider whether there are planning or development restrictions affecting the property. These may influence: The type of development permitted. Building height. Setback requirements. Environmental compliance. Access roads. Understanding these issues early can prevent future regulatory challenges. 10. Engage Qualified Professionals Land transactions often involve legal, technical, and surveying issues. Professional assistance may include: Lawyers. Licensed surveyors. Estate surveyors and valuers. Town planning professionals, where necessary. Professional advice helps identify risks that may not be obvious to an ordinary purchaser. Common Mistakes Buyers Should Avoid Property buyers frequently make mistakes such as: Paying before conducting due diligence. Relying solely on the seller’s representations. Failing to inspect the property. Ignoring discrepancies in title documents. Purchasing without conducting official searches. Failing to investigate existing occupants. Using informal agreements instead of proper legal documentation. These mistakes can lead to costly disputes and financial losses. Why Legal Due Diligence Matters Legal due diligence goes beyond reviewing documents. A property lawyer can help: Verify ownership. Review title documents. Conduct legal searches. Identify risks. Prepare or review transaction documents. Advise on regulatory requirements. Protect your legal interests throughout the transaction. Obtaining legal advice before completing a purchase is often far less expensive than resolving a dispute after the purchase. How Lexforte Attorneys Can Help At Lexforte Attorneys, we assist individuals, businesses, developers, investors, and Nigerians in the diaspora
Five Essential Legal Checks Before Buying Land in Nigeria
Five Essential Legal Checks Before Buying Land in Nigeria Purchasing land is one of the most significant investments an individual or business can make. Unfortunately, many prospective buyers lose substantial sums of money each year due to inadequate due diligence, fraudulent transactions, defective titles, and failure to comply with legal requirements. A parcel of land may appear attractive and even be physically available, yet still be subject to disputes, government acquisition, encumbrances, or competing ownership claims. Before committing to any land purchase, it is essential to conduct proper legal checks to ensure that the transaction is valid and that your investment is protected. At Lexforte Attorneys, we strongly recommend that every purchaser obtains professional legal advice before making payment or executing any property documents. Below are five critical legal checks every buyer should undertake before purchasing land in Nigeria. Verify the Seller’s Ownership and Capacity to Sell The first and most fundamental step is to confirm that the person offering the land for sale is the lawful owner or is legally authorised to sell the property. Request and carefully examine documents evidencing ownership, such as: Certificate of Occupancy (C of O)Deed of AssignmentDeed of ConveyanceRegistered Survey PlanCourt Judgment (where title was acquired through litigation)Letters of Administration or Grant of Probate (where the owner is deceased) Where the seller is acting on behalf of another person or a company, verify the authority under which the sale is being conducted. This may include a valid Power of Attorney, board resolution, or letters of administration. Purchasing land from a person without legal authority may result in the transaction being declared void, exposing the buyer to financial loss and lengthy litigation. Conduct a Title Search at the Appropriate Land Registry Never rely solely on the documents presented by a seller. A search should be conducted at the relevant State Land Registry to determine: Whether the title documents are genuine.Whether the land has been properly registered.Whether there are existing mortgages, charges, or other encumbrances.Whether ownership corresponds with the seller’s claims.Whether any restrictions affect the property. A land registry search provides valuable information about the legal status of the property and may reveal issues that are not immediately apparent from the documents presented by the seller. Confirm That the Land Is Free from Government Acquisition and Litigation Not every piece of land is available for private ownership. Some lands are: Under government acquisition.Reserved for public purposes.Subject to compulsory acquisition.Located within road setbacks or government schemes.The subject of pending court cases.Under customary ownership disputes. Where land is under acquisition or involved in litigation, purchasing such property may expose the buyer to prolonged legal battles or even complete loss of the investment. It is therefore important to investigate the status of the land through the appropriate government agencies and, where necessary, conduct independent enquiries within the community where the land is situated. Verify the Survey Plan and Physical Boundaries A Registered Survey Plan is one of the most important documents relating to land ownership. Before purchasing land: Confirm that the survey corresponds with the actual location.Ensure the boundaries are accurately identified.Verify that there is no overlap with neighbouring properties.Confirm that the coordinates do not fall within government-acquired land. Professional surveyors can also determine whether the land lies within committed acquisition, excised land, gazetted land, or freehold areas. A proper survey verification helps prevent future boundary disputes and protects against fraudulent land sales. Ensure Proper Documentation and Title Perfection Many buyers believe that payment alone gives them ownership of land. This is incorrect. After purchasing land, the transaction should be properly documented through legally recognised instruments such as: Contract of SaleDeed of AssignmentDeed of Lease (where applicable)Power of Attorney (where appropriate) Depending on the nature of the transaction, the purchaser may also need to: Obtain Governor’s Consent where required.Pay applicable stamp duties.Register the title documents at the relevant Land Registry.Perfect legal title in accordance with applicable land laws. Failure to perfect title may significantly affect the buyer’s ability to resell the property, obtain financing using the property as security, or successfully defend ownership against competing claims. Why Professional Legal Advice Matters Land transactions involve far more than signing documents and making payment. Every property carries its own legal history, risks, and regulatory requirements. A qualified property lawyer conducts due diligence, prepares and reviews documentation, identifies potential legal issues, and ensures that every stage of the transaction complies with applicable law. Obtaining legal advice before purchasing land can save buyers from costly mistakes, prolonged litigation, and avoidable financial losses. Conclusion Buying land is an investment that should never be approached casually. Taking the time to verify ownership, investigate title, confirm the property’s legal status, inspect survey details, and properly document and perfect the transaction can significantly reduce legal risks and protect your investment. At Lexforte Attorneys, we provide comprehensive legal services for land and property transactions, including property due diligence, title verification, land documentation, Governor’s Consent applications, title perfection, and property dispute resolution. Whether you are purchasing your first plot of land or acquiring commercial real estate, our experienced lawyers are committed to ensuring that every transaction is legally secure and completed with confidence. Need legal assistance with a land purchase? Contact Lexforte Attorneys today for professional advice and comprehensive property due diligence before you invest.