Buying or selling land in Nigeria can be a major financial decision. But sometimes, the biggest obstacle to a property transaction is not the buyer, the seller, or even the price, it is the seller’s own family.
A common question property owners ask is: “If this land belongs to me, can my relatives legally stop me from selling it?”
The answer is that it depends on the nature of the property and how ownership was acquired.
There is an important difference between personal property and family land. While an individual may generally deal with property they legally own, family land is subject to additional rules because the land may belong collectively to a family rather than to one individual.
This distinction is extremely important for anyone buying, selling, inheriting, or investing in land in Nigeria.
What is family land? Family land generally refers to land held for the benefit of a family or lineage, often under customary law.
It may have been inherited from an ancestor, acquired by the family collectively, or otherwise become property of the family rather than the personal property of one individual.
One important feature of family land is that the family head does not necessarily own the property personally. The family head may manage or represent the family in dealings concerning the land, but that does not automatically give the family head the unrestricted right to sell it as if it were their personal property.
Nigerian case law has repeatedly recognized the importance of the participation of the family head and the principal members of the family in a valid disposition of family land.
What Is Personal Property?
Personal property, in this context, is land that belongs to an individual based on a valid root of title. For example, imagine that an individual buys a plot of land using their own money and obtains appropriate documentation establishing their interest in that property.
If the property genuinely belongs to that individual and there is no competing ownership interest, their relatives do not automatically acquire a legal right to prevent the owner from dealing with the property simply because they are family members.
Being related to the owner is not, by itself, proof of ownership. However, the situation can become complicated when relatives claim that the property was actually acquired with family money, inherited as family property, held in trust, or previously belonged to the wider family. That is why the root of title is so important.
Can your relatives stop you from selling? Sometimes, yes. If the property is genuinely family land, certain family members may have legal grounds to challenge a proposed sale, particularly where the required family consent has not been obtained.
Under customary principles concerning family land, a valid sale generally requires the involvement of the family head together with the necessary concurrence of principal family members.
The courts have distinguished between different situations.
Where principal members attempt to sell family land without the family head, the transaction may be void from the beginning.
On the other hand, where the family head purports to sell family land without the required concurrence of principal members, the transaction may be voidable, meaning it can potentially be challenged and set aside by those with the relevant interest.
This is one reason buyers should never assume that the person standing in front of them is automatically the sole owner of the land.
Note; Family land is not the same as personal land.
One of the biggest mistakes people make is treating family land as though it were personal property. A family member may have been using a particular portion of family land for years. They may even have built a house on it.
But occupation or development does not necessarily mean that the person has obtained exclusive ownership of the entire property. Nigerian authorities have recognized that family land may continue to be family property unless it has been properly partitioned or otherwise legally transformed into individual ownership.
Therefore, before buying land from an individual who says, “This is my father’s land,” a buyer should ask this important question, How did you acquire the land?
A buyer should check the following before buying family land
If you are considering purchasing land that may be family-owned, do not rely solely on the seller’s explanation.
Carry out proper due diligence.
- Verify the Root of Title
Find out how the seller or family acquired the land. Possible roots of title may include inheritance, a previous purchase, a grant, a conveyance, a deed or another legally recognized source. The seller should be able to demonstrate how their interest originated.
- Examine the Documents
Depending on the circumstances, documents may include a deed, survey plan, allocation documents, certificate of occupancy, registered instruments, probate or other evidence relevant to the property’s history. Do not assume that having a document automatically means the document establishes good title. The history behind the document matters.
- Investigate the Property
A proper investigation should help establish whether there are competing claims, encumbrances, existing disputes or other interests affecting the property. This is particularly important with family land because a seller may not be the only person with an interest.
- Confirm the Family’s Authority
Where the property is family land, determine who has the authority to represent the family and whether the necessary family consent has been obtained. A transaction involving family property should not simply depend on one person’s promise that “everybody has agreed.” Where appropriate, the relevant consent and participation should be properly documented.
- Use a Property Lawyer
Land transactions involve legal rights that can be difficult for an ordinary buyer to assess. A qualified property lawyer can investigate the title, review the documents, identify potential problems and advise on the appropriate transaction structure. The cost of proper legal due diligence can be far less than the financial loss that may result from buying disputed land.
Note: Real estate transactions should not be based solely on family stories, verbal assurances or relationships. A buyer may be dealing with a seller who genuinely believes they have the right to sell but does not actually have the legal authority to transfer the property.
Likewise, a family member may genuinely object to a sale but still have no legal ownership interest in the property.
The safest way to determine the position is through proper title investigation and documentation.
Do your due diligence before you pay.
Looking for a property you can invest in with greater confidence? Speak with Veraz Properties today and let us help you take the right steps toward your next real estate investment.
For enquiry:
Email: info@verazadvocates.com.ng.
Call / WhatsApp: +234 9054440156
