Can someone legally acquire an interest in land simply by occupying it for many years without the owner’s permission? Can a landowner lose the right to recover property because another person has remained in possession for too long? These questions concern the legal doctrine of adverse possession in Nigeria. Adverse possession is particularly important in land disputes involving abandoned properties, long-standing occupation, squatters, competing purchasers and owners who delay taking legal action against persons occupying their land. Under applicable limitation laws, a landowner who fails to recover land within the prescribed period after another person takes adverse possession may lose the right to recover it. In jurisdictions where the relevant law expressly extinguishes title, the consequences can extend beyond losing the right to sue. However, not every person who occupies land for many years acquires rights through adverse possession. The nature of the occupation, when it began, whether it was adverse to the owner and the applicable limitation law are all important. This article explains what adverse possession means in Nigerian law, the requirements for establishing it, the applicable limitation periods, relevant Supreme Court decisions and the steps landowners should take to protect their property. What Is Adverse Possession? Adverse possession is the occupation or possession of land by a person in circumstances inconsistent with the possessory rights of the person otherwise entitled to the land, such that time may begin to run against that person’s right to recover possession. It operates in conjunction with the applicable limitation legislation. In practical terms, where a person takes adverse possession of land and the person entitled to recover it fails to institute proceedings within the prescribed period, the law may bar the recovery action and, where expressly provided, extinguish the former owner’s title. The doctrine is based on the legal consequences of prolonged adverse possession and the failure to enforce possessory rights within the period allowed by law. However, it does not mean that every unlawful occupier automatically becomes the owner after a particular number of years. The claimant must establish the relevant facts and satisfy the applicable statutory requirements. Is Adverse Possession Recognised in Nigeria? Yes. Adverse possession is recognised under Nigerian law through the operation of applicable limitation statutes and judicial decisions. The Supreme Court has considered the doctrine in several cases, particularly those involving the Limitation Law of Lagos State. Relevant decisions include: Ajibona v Kolawole (1996) 10 NWLR (Pt. 476) 22. Akibu v Azeez (2003) 5 NWLR (Pt. 814) 643. Elabanjo v Dawodu (2006) 15 NWLR (Pt. 1001) 76. These decisions establish that the consequences of adverse possession must be determined by the applicable limitation law. In particular, the courts have recognised that where a limitation statute expressly provides for the extinguishment of title after the prescribed period, the effect is not limited to preventing the former owner from bringing an action. The statutory provisions also extinguish that owner’s existing title. How Does Adverse Possession Work in Nigeria? Adverse possession generally involves three connected questions: Has another person taken possession of the land in circumstances adverse to the person entitled to recover it? Has the applicable limitation period expired? What legal consequences does the relevant limitation law attach to that expiration? Consider this example. A owns a parcel of land in Lagos. In 2010, B enters the land without A’s permission, erects a fence, constructs a building and occupies the property as though it belongs to B. A does not commence proceedings to recover the land. If B’s possession is legally adverse and continues for the prescribed period, A’s right to recover the land may become statute-barred. Under the Lagos limitation provisions considered by the Supreme Court, expiration of the applicable period can also extinguish A’s title. However, the result depends on the particular facts, the applicable law, when the cause of action accrued and whether any exception or qualification applies. What Are the Requirements for Adverse Possession in Nigeria? A person relying on adverse possession must establish the facts necessary to bring the case within the applicable limitation law. The following considerations are particularly important. 1. Actual Possession of the Land There must be possession of the land. Possession may be demonstrated through acts such as: Occupying the land. Constructing a building. Erecting and maintaining a fence. Cultivating or otherwise using the land. Exercising physical control over the property. Excluding others from possession. The nature of the land matters. Acts sufficient to establish possession of a residential plot may differ from those relevant to farmland or undeveloped land. The court considers the evidence as a whole. 2. Possession Must Be Adverse The occupation must be adverse to the rights of the person entitled to recover possession. A person occupying land with the owner’s permission does not ordinarily acquire adverse possession merely because the permission has continued for many years. For example, occupation under a valid tenancy, licence or other permissive arrangement is not ordinarily adverse while that arrangement remains effective. The legal position may change where permission has lawfully ended and the circumstances subsequently establish adverse possession. The date of any such change must be carefully determined. 3. The Relevant Limitation Period Must Have Expired Adverse possession does not produce the statutory consequences merely because someone has occupied land for a long time. The period prescribed by the applicable limitation law must have expired. The applicable period is not necessarily identical throughout Nigeria, and the law may distinguish between private persons, public authorities and different categories of land. 4. Time Must Be Properly Calculated It is necessary to establish when the right to recover the land accrued. This may depend on when the owner was dispossessed, discontinued possession or when the land came into adverse possession. The calculation must also take account of any statutory provision affecting the running of time. 5. The Applicable Law Must Permit the Claim or Defence Not every parcel of land is governed by identical limitation rules. The nature of the land, applicable customary law, statutory exclusions and the identity of